reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 719. Terms; election date; notice of election.

§ 719. Terms; election date; notice of election.
(a) The commissioners shall be elected for 6-year terms in all districts now organized or organized after May 20, 1959, with the exception provided in § 717 of this title as to those first elected.
(b) In all park districts, commissioners shall be elected biennially in even years to take the place of those whose terms expire. Such elections shall take place on the first Tuesday in November of even years.
(c) Commissioners shall serve until their successors are elected and qualified.
(d) Notice of the time and place or places of holding such elections shall be given by the commissioners of the park district by publishing the same once in 1 or more newspapers, if there be any published in the district, at least 10 days prior to the election; if none be published in said district, then in 1 or more newspapers of general circulation in the district; if there be no newspaper of general circulation in the district, then by causing said notice to be posted in 5 public places within the district.
9 Del. C. 1953, §  719;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 720. Conduct of elections.

§ 720. Conduct of elections.
The park board shall conduct the election, establish precincts and polling places therein, and appoint the judges and clerks of election and fix their compensation; provided that if any other election is held at the same time, the park board may appoint the same judges and clerks of election as are appointed for such other election, and such judges and clerks of election shall also be paid for their services by such district in such amount as the board shall determine. Separate ballot boxes shall be used to receive the ballots cast for park commissioners, and separate returns of the votes cast with such ballots shall be made to the board of commissioners and said board shall, within 5 days after such election, canvass said returns and declare the result of said election and enter a record of such canvass and declaration upon its records.
9 Del. C. 1953, §  720;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 721. Vacancies; method of filling.

§ 721. Vacancies; method of filling.
Whenever any member of the governing board of any park district shall:
(1) Die,
(2) Resign,
(3) Become insane,
(4) Cease to be a legal voter in said district,
(5) Be convicted of any infamous crime,
(6) Refuse or neglect to take his or her oath of office, or
(7) Neglect to attend the duties of his or her office or attend meetings of the board for such length of time as such board shall by ordinance fix,
said office may be declared vacant. Vacancies shall be declared, and may be filled by appointment by a majority of the remaining members of the board, and any person so appointed shall hold that person's office until the next regular election for members of the board when a successor for the unexpired term shall be elected.
9 Del. C. 1953, §  721;  52 Del. Laws, c. 42;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 740. Governing board; oath.

§ 740. Governing board; oath.
Each member of the governing board of any park district before entering upon the duties of each such member's office shall take and subscribe an oath to well and faithfully discharge the member's duties, which oath shall be filed with the secretary of the board. The members of such governing board shall constitute the corporate authority for such district and a majority of such members shall constitute a quorum for said board and any meeting thereof. The members of such governing board shall act as such without compensation, and each member of the board shall be a legal voter of and reside within such district.
9 Del. C. 1953, §  740;  52 Del. Laws, c. 42;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 741. Interest in contracts.

§ 741. Interest in contracts.
No member of the board shall be directly or indirectly in any way pecuniarily interested in any contract or work of any kind whatever, connected with his or her park district.
9 Del. C. 1953, §  741;  52 Del. Laws, c. 42;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 742. Records and ordinances.

§ 742. Records and ordinances.
Governing boards of all park districts shall keep a regular book of records of all ordinances or other proceedings of said board which records shall be open to public inspection at all reasonable and proper times.
9 Del. C. 1953, §  742;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 743. Proof of ordinances.

§ 743. Proof of ordinances.
All ordinances, orders and resolutions of the governing board of any park district and the date of the publication thereof may be proved by the certificate of its secretary under the seal of the district. When printed in book or pamphlet form purporting to be published by the governing board such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, orders, and resolutions as of the dates mentioned in such publication in all courts or places without further proof.
9 Del. C. 1953, §  743;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 744. Appropriation ordinances.

§ 744. Appropriation ordinances.
The board of each park district shall, within the last quarter of each fiscal year, but not later than the last Tuesday in April, pass an ordinance in which the board may appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such district for the succeeding fiscal year and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated to each. After the first 6 months of any fiscal year have elapsed the board may, by 2/3 vote, transfer from any appropriation item its anticipated unexpended funds to any other item of appropriation theretofore made, and the item to which said transfer is made may be increased to the extent of the amount so transferred.
9 Del. C. 1953, §  744;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 745. Publication of appropriation ordinances.

§ 745. Publication of appropriation ordinances.
All ordinances of any park district making appropriations shall within 10 days after their passage, be published at least once in 1 or more newspapers published in the park district, or if no newspaper is published therein, then in 1 or more newspapers of general circulation within the park district; and no such ordinance shall take effect until 10 days after it is so published.
9 Del. C. 1953, §  745;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 746. Creation of debt.

§ 746. Creation of debt.
No member of the board of any park district, nor any person, whether in the employ of said board or otherwise, shall have power to create any debt, obligation, claim or liability, for or on account of said park district, or the moneys or property of the same, except with the express authority of said board conferred at a meeting thereof and duly recorded in a record of its proceedings.
9 Del. C. 1953, §  746;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 747. Employees.

§ 747. Employees.
The board of any park district may employ such engineers, attorneys, clerks and other employees as may be required, and may define and prescribe their respective duties and compensation. The members of the board and all officers appointed by them shall be conservators of the peace within and upon such parks, boulevards, driveways, and property controlled by such park district, and may make arrests on view of the offense, or upon warrants for violation of any of the penal ordinances of such park districts, or for any breach of the peace, in the same manner as the police in cities organized and existing under the general laws of the State.
9 Del. C. 1953, §  747;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 748. Duties and election of officers.

§ 748. Duties and election of officers.
The board of each park district shall elect from their number a president and a vice-president, who shall hold their respective offices for 1 year, or until their successors shall be elected. The board shall prescribe their powers and duties not inconsistent with the provisions of this Code.
The board shall also appoint a secretary and a treasurer, prescribe their duties, and term of office and require such bonds as the board deems necessary. The secretary and treasurer need not be members of the board, in which case the board may fix their compensation; and both offices may be held by the same person. The secretary shall have power to administer oaths and affirmations.
9 Del. C. 1953, §  748;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter III. Officers; Elections; Powers and Duties › § 749. Duties of president.

§ 749. Duties of president.
The president of any park district shall preside at all meetings of the board, and shall call special meetings thereof on the president's own motion or on request of 2 or more of the members, and in case of a special meeting shall cause a notice to be given to all members as provided by the rule of said board. The president shall have the right to vote upon all questions coming before the board and shall be a member thereof.
9 Del. C. 1953, §  749;  52 Del. Laws, c. 42;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter IV. Taxing Powers › § 750. General taxes; levy.

§ 750. General taxes; levy.
(a) Each park district shall have the power to levy and collect taxes on all the taxable property in said district for all corporate purposes.
(b) All taxes proposed by the board to be levied upon the taxable property within said district shall be levied by ordinance passed not less than 10 days after publication of its appropriation ordinance. A certified copy of such levy ordinance shall be filed with the department of finance or receiver of taxes and county treasurer not later than the second Tuesday in May in each year. Thereupon, the department of finance or receiver of taxes and county treasurer shall collect said tax; provided, the aggregate amount of taxes levied for any 1 year inclusive of the amount levied for the payment of the principal and interest on bonded indebtedness of said district shall not exceed the rate of $.05 per $100 of assessed valuation.
9 Del. C. 1953, §  750;  52 Del. Laws, c. 42;  53 Del. Laws, c. 50, §  1;  55 Del. Laws, c. 85, §  6H;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter IV. Taxing Powers › § 751. Assessment list.

§ 751. Assessment list.
The park board of the park district in which a park district tax is to be levied shall use the assessment list of the county in which that district is located as a basis for any park district tax.
9 Del. C. 1953, §  751;  53 Del. Laws, c. 50, §  2;  55 Del. Laws, c. 85, §  6I;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter IV. Taxing Powers › § 752. Tax collection warrant and assessment list.

§ 752. Tax collection warrant and assessment list.
The board shall execute and deliver its warrant with a duplicate of the assessment list not later than the second Tuesday in May of each year, to the department of finance or receiver of taxes and county treasurer.
9 Del. C. 1953, §  752;  53 Del. Laws, c. 50, §  2;  55 Del. Laws, c. 85, §  6J;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter IV. Taxing Powers › § 753. Collection and deposit of park district taxes.

§ 753. Collection and deposit of park district taxes.
(a) The department of finance or receiver of taxes and county treasurer shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes; provided, however, that in New Castle County the Department of Finance shall allow no abatement or discount upon any taxes levied by park district purposes required to be delivered by them; and shall after the September 30 in the year in which the tax rolls shall be delivered to them, add to the taxes to be paid a penalty of one half of 1 percent per month until the same shall be paid.
(b) All money so collected shall be paid to the treasurer of the park district and shall be deposited by said treasurer in accordance with the provisions of § 771 of this title.
9 Del. C. 1953, §  753;  53 Del. Laws, c. 50, §  2;  55 Del. Laws, c. 85, §  6K;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter IV. Taxing Powers › § 754. Report of park district tax collections and payment of collected taxes.

§ 754. Report of park district tax collections and payment of collected taxes.
(a) The department of finance or receiver of taxes and county treasurer shall on the first day of each month make a report to the park board of the park district for which he or she is collecting taxes of all taxes collected in the previous month. The report shall show a complete breakdown of taxes collected, such as debt service and such other information as may be required.
(b) The department of finance or receiver of taxes and county treasurer shall, not less than once each calendar month, pay over to the treasurer of said park district all funds collected by him or her for the park district.
9 Del. C. 1953, §  754;  53 Del. Laws, c. 50, §  2;  55 Del. Laws, c. 85, §  6L;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter V. Bonds; Powers to Issue; Terms › § 760. Bonds; limitation.

§ 760. Bonds; limitation.
For the payment of land purchased for parks or boulevards, for the building, maintaining, improving and protecting of the same and for the payment of the expenses incident thereto, or for the acquisition of real estate and lands to be used as a site for recreation centers, any park district is authorized to issue the bonds of such park district and pledge its property and credit therefor to an amount including existing indebtedness of such district so that the aggregate indebtedness of such district shall not exceed 21/2 percent of the value of the taxable property therein, to be ascertained by the last assessment for county taxes previous to the issue from time to time of such bonds.
9 Del. C. 1953, §  760;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter V. Bonds; Powers to Issue; Terms › § 761. Issuance of bonds; use authorized.

§ 761. Issuance of bonds; use authorized.
The issue of bonds by any park district shall be authorized by ordinance, and a copy of the same properly certified by the secretary shall be filed with the department of finance or receiver of taxes and county treasurer.
9 Del. C. 1953, §  761;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6M;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter V. Bonds; Powers to Issue; Terms › § 762. Attestation of bonds; interest; maturity; sale.

§ 762. Attestation of bonds; interest; maturity; sale.
Such bonds of a park district shall be issued when authorized under §§ 760 and 761 of this title in the name of the district, signed by the president and secretary, and countersigned by the treasurer, with the seal of said district affixed; they shall bear interest at not exceeding 5 percent per annum payable semiannually, and the principal shall be payable at such time and place as may be determined by the board, not exceeding 20 years from their date. The board of such district may sell the bonds in any manner it deems for the best interests of the district, at not less than par, and the proceeds thereof shall be used exclusively for the purpose authorized in this chapter.
9 Del. C. 1953, §  762;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter V. Bonds; Powers to Issue; Terms › § 763. Tax for interest and principal.

§ 763. Tax for interest and principal.
All park districts, at or before the time of issuance of bonds, shall provide for the levy of taxes, in addition to all other taxes, sufficient to pay the principal of and interest upon said bonds as the same becomes due, and shall file a certified copy of the ordinance or ordinances providing for the levy of said taxes with the department of finance or receiver of taxes and county treasurer.
9 Del. C. 1953, §  763;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6N;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter V. Bonds; Powers to Issue; Terms › § 764. Issuance of bonds; bond anticipation notes.

§ 764. Issuance of bonds; bond anticipation notes.
Whenever the commission shall have authorized the issuance of bonds by an ordinance duly adopted pursuant to lawful authority, the commission may borrow money in anticipation of the issuance of such bonds so authorized and, for such purpose, may issue, and from time to time, renew negotiable bond anticipation notes of the commission of an aggregate principal amount not exceeding the principal amount of such bonds authorized by such ordinance. The commission shall authorize such notes by a resolution or resolutions which shall determine the date on which such notes are to be payable, the maximum principal amount thereof and the rate or maximum rate of interest to be borne thereby and the manner of their signing. The faith and credit of the commission are hereby pledged to the payment of the principal of and interest on any notes issued pursuant to this section.
9 Del. C. 1953, §  764;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter V. Bonds; Powers to Issue; Terms › § 765. Use of funds.

§ 765. Use of funds.
Moneys raised by the issuance of notes in anticipation of the issuance of bonds shall be used only to finance the purpose or purposes for which the proceeds of the bonds may be used and such proceeds shall be applied, to the extent necessary, to pay and retire such notes.
9 Del. C. 1953, §  765;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter VI. Miscellaneous Provisions › § 770. General corporate powers.

§ 770. General corporate powers.
Every park district shall, from the time of its organization, be a body corporate and politic by such name as set forth in the petition for its organization and shall have and exercise the following powers:
(1) To adopt a corporate seal and alter the same at pleasure; to sue and be sued; to contract in furtherance of any of its corporate purposes;
(2) To acquire by gift, devise, grant or purchase, any and all real estate, or rights therein necessary for building, laying out, extending, adorning and maintaining any such parks, boulevards and driveways, or for effecting any of the powers or purposes granted under this Code as its board may deem proper, whether such lands be located within or without such district;
(3) To acquire by gift, bequest or purchase any personal property necessary for its corporate purposes;
(4) To pass all necessary ordinances, rules and regulations for the proper management and conduct of the business of the board and district and to establish by ordinance all needful rules and regulations for the government and protection of parks, boulevards, and driveways and other property under its jurisdiction, and to effect the objects for which such districts are formed;
(5) To rent or lease park property for income producing purposes consistent with the operation of park and recreation activities;
(6) To establish and collect fees for the use of park facilities;
(7) To prescribe such fines and penalties for the violation of ordinances as it shall deem proper not exceeding $200 for any 1 offense, which fines and penalties may be recovered by suit in the name of such district before the Superior Court in the county in which such violation occurred, and all fines when collected shall be paid into the treasury of such district;
(8) To enter into agreements with other agencies, organizations or individuals for the rental or lease of lands or facilities owned by such agencies, organizations or individuals;
(9) To manage and control all officers and property of such districts.
9 Del. C. 1953, §  770;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter VI. Miscellaneous Provisions › § 771. Deposit of funds.

§ 771. Deposit of funds.
(a) Any park district, when so requested by its treasurer, shall designate a bank or banks or other depository in which the funds of the district may be deposited. When a bank has been designated as a depository it shall continue as such until 10 days have elapsed after a new depository is designated and has qualified by furnishing the statements of resources and liabilities required by this section. When a new depository is designated, the district shall notify the sureties of its treasurer of that fact, in writing, at least 5 days before the transfer of funds. Such treasurer shall be discharged from responsibility for all such funds and moneys deposited in a bank or depository, so designated, while such funds and moneys are so deposited.
(b) No bank shall be qualified to receive such funds or moneys until it has furnished the district with copies of the last 2 sworn statements of resources and liabilities which such bank is required to furnish to the State Bank Commissioner. Each bank designated as a depository for moneys or funds shall, while acting as such depository, furnish the district with a copy of all statements of resources and liabilities which it is required to furnish to the State Bank Commissioner; provided, that if such funds or moneys are deposited in a bank, the amount of such deposits shall not exceed 75% of the capital stock and surplus of such bank, and such treasurer shall not be discharged from responsibility for any funds or moneys deposited in excess of such limitation.
9 Del. C. 1953, §  771;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter VI. Miscellaneous Provisions › § 772. Recreational programs and other special powers.

§ 772. Recreational programs and other special powers.
All park districts shall have power to plan, establish and maintain recreational programs, provide musical concerts, to construct, equip and maintain field houses, gymnasiums, assembly rooms, comfort stations, indoor and outdoor swimming pools, wading pools, bathing beaches, bath houses, locker rooms, boating basins, boat houses, lagoons, skating rinks, piers, conservatories for the propagation of flowers, shrubs, and other plants, animal and bird houses and enclosures, athletic fields with seating stands, golf, tennis, and other courses, courts, and grounds, and the power to make and enforce reasonable rules, regulations, and charges therefor. The express enumeration of each of the foregoing recreational facilities and equipment which park districts are herein given the power to provide shall not be construed as a limitation upon said park districts, nor prohibit any park district from providing any other facilities or equipment which may be appropriate for park purposes in any park of said district, nor shall the same in any way be held to limit the power and authority conferred upon park districts under other sections of this chapter.
9 Del. C. 1953, §  772;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter VI. Miscellaneous Provisions › § 773. Approval of the General Assembly.

§ 773. Approval of the General Assembly.
When land has been acquired under the provisions of this chapter, it is to be considered as a public trust and may not be sold or otherwise disposed of without prior approval by an act of the General Assembly.
9 Del. C. 1953, §  773;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter I. General Purposes › § 801. Creation of county library agency; powers of county library administrator.

§ 801. Creation of county library agency; powers of county library administrator.
(a) The government of each county shall create a library agency as a part of the executive branch of county government and, in accordance therewith, shall have the power:
(1) To establish and administer a county library system offering to residents of the county access to services and resources and guidance in their use. Each county may create a countywide library system offering free and equal access to such services and resources to every resident of the county, or each county may create library districts within the county supported by taxes levied upon real property within said districts as provided for in this chapter providing that county residents who are not residents of a library district shall have access to such library district's services and resources upon payment of a fee set by ordinance of the county;
(2) To receive, by taxation or otherwise, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, for the purposes provided in this chapter;
(3) To perform all other activities pertinent to the organizational function of the library agency.
(b) The county executive or President of Levy Court, whichever applies, upon the approval of the county library advisory board, may appoint a county library administrator who shall be referred to as county librarian, or the county library manager in New Castle County, who shall be the administrator of the county library agency.
59 Del. Laws, c. 480, §  2;  60 Del. Laws, c. 162, §  1;  71 Del. Laws, c. 401, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter I. General Purposes › § 802. County library advisory board.

§ 802. County library advisory board.
There is hereby created in each county a county library advisory board which:
(1) Shall serve in an advisory capacity to the county library administrator and the county library agency;
(2) Shall bring local library needs to their attention and shall recommend to them means for implementation of an effective county library system;
(3) May, through its members on the Council on Libraries, bring library matters to the attention of the Administrator of State Library Services.
(4) In New Castle County, shall serve as a subcommittee to the Department of Community Services Board.
59 Del. Laws, c. 480, §  2;  71 Del. Laws, c. 401, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 803. Authority to establish systems.

§ 803. Authority to establish systems.
Kent County may establish a countywide library system or 1 or more district library systems by ordinance after public hearing held after 10 days' notice published once in a newspaper of general circulation in the County. In the event a district library is created said ordinance shall also create a library commission for each library district to advise the Levy Court on the operation of the district library. This power includes the power to acquire real estate by purchase, gift or devise.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 804. Payment of costs of countywide library system.

§ 804. Payment of costs of countywide library system.
In the event that a countywide library system is established in Kent County, the cost of establishment, maintenance, operation and all other costs thereof shall be paid from the general fund of the County out of general county tax proceeds.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 805. Library districts — Establishment; budget.

§ 805. Library districts — Establishment; budget.
Should Kent County elect to establish 1 or more library districts within the County, the County shall levy and raise by taxation a special district library tax for the purpose of the establishment of such a library in each district, and for the maintenance and increase and support of the library such sum of money as is annually approved in a budget for such purpose by the county governing body, said budget to be adopted at the same time the annual county budget is adopted. A library district may be created and a tax raised pursuant to this subchapter to raise funds to pay the Sussex or New Castle County government a contract fee to allow residents of said Kent County district the privilege of using a library located in Sussex or New Castle Counties.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 806. Library districts — Tax rate.

§ 806. Library districts — Tax rate.
After the district library budget or budgets have been adopted, the Kent County Levy Court shall fix a district library tax rate or rates based upon the most recent assessment made by them of the real property located in each district sufficient to raise the amount determined to be raised in the budget for each county library district.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 807. Library districts — Tax levy.

§ 807. Library districts — Tax levy.
After the Kent County Levy Court has fixed the district library tax rate or rates, it shall levy the district library tax or taxes on the real property located within each library district according to such tax rate or rates applied to the most recent assessment list in the County. The district library tax or taxes shall be in addition to and levied at the same time as the annual county tax.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 808. Library districts — Delivery of duplicate assessment list.

§ 808. Library districts — Delivery of duplicate assessment list.
Promptly after levying the district library tax or taxes the Kent County Levy Court shall deliver to the Receiver of Taxes and County Treasurer, for his or her use in collecting the taxes, the duplicate assessment list for each library district as prepared and furnished to the county government by the Board of Assessment.
60 Del. Laws, c. 162, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 809. Library districts — Tax collection warrant.

§ 809. Library districts — Tax collection warrant.
(a) At the time of delivery of the duplicate assessment lists to the Receiver of Taxes and County Treasurer there shall be attached to each list a tax collection warrant which shall be executed in the manner and substantially in the form prescribed by subsections (b) and (c) of this section.
(b) Each warrant shall be dated as of the date on which the taxes referred to therein were levied and shall be signed by at least 2 elected officials of the Kent County Levy Court and sealed with the seal of the County and attested by the Clerk of the Peace.
(c) The warrants shall be substantially in the following form:
STATE OF DELAWARE
SS.
KENT COUNTY
To the Receiver of Taxes and County Treasurer of Kent County, greetings:
We command you that you collect from the persons named in the duplicate assessment list annexed hereto, for their library district taxes payable to Kent County for the year beginning July first next, __________ percent as a rate upon every one hundred dollars on the amount of their respective assessments; and if any person named in the annexed duplicate assessment list shall not pay that person's tax after you have demanded payment, we command you in such case that you collect the tax, or the part thereof remaining unpaid, with lawful costs, in the manner prescribed by law. And we further command you that you pay the amount which, according to this warrant and the annexed duplicate assessment list you are required to collect, in the manner and within the times appointed by law in this behalf. Hereof fail not at your peril.
Given at Dover by the order of Kent County, under the hands of us, members of said county governing body, the ________________ day of ________________, A.D. ________
Seal of Office of the ________________________________________________________________
Clerk of Peace ________________________________________________________________Commissioners
ATTEST :
________________Clerk of the Peace
60 Del. Laws, c. 162, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 810. Library districts — Collection of library district taxes; lien on real property.

§ 810. Library districts — Collection of library district taxes; lien on real property.
Thereafter the district library tax or taxes shall be collected by the Receiver of Taxes and County Treasurer at the same time and in the same manner as the annual general county tax is collected according to Title 9, Chapters 86 and 87, and shall be a lien on real property within the county library district or districts the same as the annual county tax levy according to Title 9, Chapters 86 and 87.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 811. General borrowing power.

§ 811. General borrowing power.
Under the circumstances and conditions set forth in this subchapter, money may be borrowed by Kent County in aid of any public library in the County now or hereafter established whether a countywide or district library.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 812. Adoption of resolution.

§ 812. Adoption of resolution.
The Kent County Levy Court shall adopt a resolution to the effect that it deems it advisable that a specified sum of money be borrowed for some specified purpose or purposes and whether the borrowing is to be for a countywide or district library.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 813. Submission of resolution to voters.

§ 813. Submission of resolution to voters.
The Kent County Levy Court shall submit the question of the approval or rejection of the resolution to the residents of the library district, 18 years of age or older, at a special referendum called for the purpose or to the residents, 18 years of age or older, of the County as a whole if the borrowing is for a countywide library.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 814. Notice of resolution; publication; form.

§ 814. Notice of resolution; publication; form.
The Kent County Levy Court shall give notice that the resolution will be submitted to the voters. Such notice shall be given by publication in 2 issues of a newspaper of general circulation in Kent County and by printed advertisements posted in at least 5 public places in the district at least 10 days prior to the date of the special referendum at which the resolution will be submitted to the voters. The notice shall state the substance of the resolution, and the day, hour and place that it will be submitted to the voters.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 815. Election ballot.

§ 815. Election ballot.
The Kent County Levy Court shall appoint the persons to conduct the election. The polls shall remain open at least 4 hours. All residents of the County, 18 years of age or older, shall be entitled to vote at such election if the borrowing is for a countywide library. If the borrowing is for a district library only the residents of the library district, 18 years of age or older, shall be entitled to vote. The voting shall be by ballot on which shall be written or printed the words “for the resolution in aid of the library” or “against the resolution in aid of the library.”
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 816. Results of election.

§ 816. Results of election.
If a majority of the votes cast be for the resolution in aid of the library, authority to borrow the amount of money specified in the resolution shall be deemed to be thereby conferred. If a majority of the votes cast be against the resolution in aid of the library, the money shall not be borrowed.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 817. Bonds — Issuance; form.

§ 817. Bonds — Issuance; form.
If the results of the election be for the resolution in aid of the library, the Kent County Levy Court shall borrow the amount specified in the resolution and for this purpose may issue a bond or bonds for the amount. Such bond or bonds shall be in such form and denomination, shall bear such date and be at such rate of interest without limitation which may be determined by resolution of the Kent County Levy Court and shall mature at such time or times as the Kent County Levy Court determines. Any bond issued shall be signed by the President of the Kent County Levy Court and attested by the Clerk of Peace, and shall be sealed with the county seal. The faith and credit of Kent County shall be deemed to be pledged by every bond issued under this subchapter.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 818. Bonds — Payment of interest and principal; sinking fund.

§ 818. Bonds — Payment of interest and principal; sinking fund.
Whenever any bond or bonds have been issued under this subchapter, the Kent County Levy Court shall annually raise by levy and taxation a sum sufficient for the payment of the interest on the amount or amounts borrowed and shall likewise raise from time to time by levy and taxation such sum or sums as shall be necessary to establish a sinking fund for the payment of the debt secured by the bond or bonds at or before the maturity thereof. The sums authorized to be raised for interest and for a sinking fund shall be raised in the same manner as the county library tax is raised and shall be in addition to all sums authorized to be raised by the County by any other statute. If the improvements for which bonds are sold are for the benefit of a library district, only the real property in that library district shall be taxed.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 8. COUNTY LIBRARIES › Subchapter II. Method of Creating and Operating Library Systems in Kent County › § 819. Bonds — Assumption of existing library district bonds.

§ 819. Bonds — Assumption of existing library district bonds.
In the event any district library commission created pursuant to Chapter 71 of Title 14 conveys any property to the Kent County Levy Court for which bonds are outstanding, the Kent County Levy Court shall assume all obligations of said bonds if the property is used for a countywide library system but if the property is used for a district library system the cost of paying interest and principal on said bonds shall be included in the annual tax levy on real property in that district only.
60 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 10. For-Profit Cemeteries › § 1002. Definitions.

§ 1002. Definitions.
As used in this chapter:
(1) “Cemetery” means land or structure used or intended to be used for the interment/entombment of human remains, including facilities used for the final disposition of cremated remains.
(2) “For-profit cemetery” means any person, partnership, corporation, or business entity operating a cemetery for purposes of generating a profit, specifically excluding churches, religious organizations, any nonprofit entities, and veteran organizations.
81 Del. Laws, c. 385, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 10. For-Profit Cemeteries › § 1003. Maintenance of for-profit cemeteries.

§ 1003. Maintenance of for-profit cemeteries.
(a) The government of each county may establish regulations regarding maintenance of for-profit cemeteries, including:
(1) Trimming or mowing grass, pruning shrubs, or trimming trees in and around the cemetery.
(2) Trimming or mowing grass to a level where flat markers of individual graves can be seen.
(3) Suppressing or removing weeds on cemetery property.
(4) Repairing or restoring improvements, structures, or fences on cemetery property.
(5) Maintaining cemetery roads accessible to the public and repairing road and sidewalk surfacing that presents safety hazards.
(6) Maintaining occupied crypts and niches properly sealed or closed.
(7) Refilling or resetting settled graves or markers annually or within 120 days of the cemetery operator or cemetery employees becoming aware of the issue.
(8) Repairing any grave markers, monuments, or burial vaults that are damaged by the negligence of the cemetery, the cemetery employees, or contractors employed by the cemetery.
(9) Supplying and emptying trash receptacles when filled.
(10) Maintaining public areas of the cemetery grounds and water features on cemetery property to ensure they are free of trash and debris.
(11) Providing clear delineation of undeveloped cemetery property with the use of signage.
(12) Controlling vermin and insect problems on cemetery property.
(b) Nothing contained in the recommended maintenance requirements of subsection (a) of this section should be construed to require specific topography, structures or other cemetery-related items on the property.
(c) Sections within a cemetery that are specifically established and intended to be maintained in a natural condition are not subject to the recommended maintenance requirements of subsection (a) of this section.
(d) Sections of a cemetery that do not include burial lots that have been sold, transferred, or are available for sale with perpetual care should be exempt from the recommended maintenance requirements of subsection (a) of this section.
(e) Any person, partnership or corporation engaged in the business of selling burial lots with perpetual care for profit should maintain written minimum standards for the maintenance of the cemetery property that conform with or exceed the recommended maintenance requirements of paragraphs (a)(1)-(10) of this section.
(f) Consumers should be furnished with a copy of the maintenance standards prior to settlement on a burial lot or lots.
(g) A written copy of the maintenance standards should be kept on file at the cemetery office and should be made available within 30 days upon request.
(h) Each county may impose penalties upon a for-profit cemetery who fails to comply with the county's maintenance requirements.
81 Del. Laws, c. 385, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter I. Powers of the Government of New Castle County › § 1101. General powers.

§ 1101. General powers.
(a) Granted. — The Government of New Castle County as established by this chapter shall assume and have 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, including, but not limited to, any powers conferred prior to May 26, 1965, by the General Assembly upon New Castle County, or upon the Levy Court of New Castle County, or upon the Levy Court Commissioners of New Castle County, or upon the officers or employees of New Castle County, or upon counties generally, or upon Levy Court Commissioners generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in New Castle County subject to assessment by the County. This grant of power further includes the power to fix the fees of the Recorder of Deeds in New Castle County for services, any statute denying such right to the contrary notwithstanding. This grant of power further includes the power to impose a surcharge on any application for a building permit issued by New Castle County in an amount not to exceed .5% of the residential construction value and of the first million dollars of commercial construction value applicable to said building permit application, to provide funding for volunteer fire companies except that this surcharge shall not be added to building permits applied for by an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code [26 U.S.C. § 501(c)(3)] which provides owner-occupied housing to low and moderate income households by rehabilitating residential properties and reselling said properties without profit, nor to the Delaware State Housing Authority nor to any applicant funded by the Delaware State Housing Authority. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies. This grant of power shall also include the power to impose and collect by ordinance a tax upon the transfer of real property situate within the unincorporated areas of the County, subject to the conditions and limitations provided in § 8102 of this title.
(b) Construction. — The powers of New Castle County shall be construed liberally in favor of the County, and specific mention of particular powers in this title shall not be construed as limiting in any way the general powers stated herein.
9 Del. C. 1953, §  1101;  55 Del. Laws, c. 85, §  1;  57 Del. Laws, c. 768, §  1;  67 Del. Laws, c. 415, §  2;  71 Del. Laws, c. 400, §  1;  77 Del. Laws, c. 268, §  1;