reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 573. Notice of assessment; when to be given; contents; interest on delinquent installments.

§ 573. Notice of assessment; when to be given; contents; interest on delinquent installments.
(a) Within 20 days after the completion of the triplicate books mentioned in § 572 of this title, the receiver of taxes and county treasurer shall send, by registered mail directed to each freeholder in the suburban community, a notice which shall contain the total amount, in dollars, of the special assessment or levy against the freeholder and the proportionate annual amount of the payment, in dollars, which the freeholder will be required to make until the maturity of the bond issue.
(b) The notice shall also specify that the total amount of such special assessment or levy constitutes a lien upon the property or properties of the freeholder, which lien, unless sooner paid, shall attach against the property of the freeholder until the maturity of the bond issue.
(c) The notice shall further state that if any freeholder in the suburban community does not pay to the receiver of taxes and county treasurer of the county in which the suburban community is situated the proportionate annual amount of the freeholder's special assessment or levy within 60 days from the date of the mailing of the notice, interest at 6 percent per annum will be charged upon the proportionate annual amount of the special assessment or levy beginning 60 days after mailing of the notice and continuing until the assessment is fully paid.
48 Del. Laws, c. 331, §  21;  9 Del. C. 1953, §  573;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 574. Record of lien on books of board of assessment.

§ 574. Record of lien on books of board of assessment.
The county government shall direct the board of assessment for the county in which the suburban community is situated to cause the words “Special Community Lien” to be placed beside the name of each freeholder in the suburban community as the same appears on the books of the board of assessment for the county in order that persons such as prospective buyers of, or attorneys making title searches upon, the properties making inquiry at the office of the board of assessment in such county concerning county taxes may be informed that special liens exist against the properties in the suburban community.
48 Del. Laws, c. 331, §  22;  9 Del. C. 1953, §  574;  55 Del. Laws, c. 85, §  4A;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 575. Receipt and disposition of assessments; bond.

§ 575. Receipt and disposition of assessments; bond.
(a) The receiver of taxes and county treasurer for the county in which the suburban community is situated shall receive payment of the proportionate annual amount of the special assessment or levy, and shall turn over to the county government all such moneys when received. The county government shall confer with the receiver of taxes and county treasurer and determine upon a satisfactory method for the setting up of books of account to be kept by the receiver of taxes and county treasurer concerning his or her collections of the proportionate annual amounts of the special assessment or levy.
(b) The county government may require the receiver of taxes and county treasurer to enter into a bond conditioned upon the faithful performance of his or her duties in the making of the collections of the special assessments or levies.
48 Del. Laws, c. 331, §  23;  9 Del. C. 1953, §  575;  55 Del. Laws, c. 85, §  4A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 576. Bill for annual installment of assessment; mailing.

§ 576. Bill for annual installment of assessment; mailing.
The receiver of taxes and county treasurer shall annually, on the date of the sending of the written notice prescribed by § 573 of this title, mail to each freeholder in the suburban community a bill for the proportionate annual amount of the special assessment or levy.
48 Del. Laws, c. 331, §  24;  9 Del. C. 1953, §  576;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 577. Collection of assessments in default; procedure; deficiencies.

§ 577. Collection of assessments in default; procedure; deficiencies.
(a) If a freeholder in the suburban community fails to pay the full amount of the freeholder's proportionate annual amount of the special assessment or levy within 1 year from the time within which it becomes payable, together with interest at 6 percent thereon, the entire amount of the special assessment or levy shall immediately become due and payable, and the receiver of taxes and county treasurer shall proceed to collect the full amount of the special assessment or levy by any legal process available to the receiver of taxes and county treasurer by statute for the collection of state, county or school taxes.
(b) If any property encumbered by the special lien provided for in this section is sold by foreclosure or execution process and the proceeds from such sale are insufficient to pay in full the amount of the special lien together with all interest and penalties thereon, then the unpaid portion of the special lien shall not be discharged by virtue of the sale.
48 Del. Laws, c. 331, §  25;  9 Del. C. 1953, §  577;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 578. Special sinking fund.

§ 578. Special sinking fund.
The county government shall promptly deposit all funds received from the receiver of taxes and county treasurer from the collection of the special assessment or levy in a special sinking fund account, which shall be used for no other purpose than the retiring of the bonds and interest accruing thereon.
48 Del. Laws, c. 331, §  26;  9 Del. C. 1953, §  578;  55 Del. Laws, c. 85, §  4A;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 579. Payment and retirement of bonds and interest.

§ 579. Payment and retirement of bonds and interest.
Prior to the time of the retirement of the bonds, or any of them, or the time when interest shall become payable thereon, the county government shall make available sufficient funds in a state or national bank where the principal and interest are payable, to cover the retirement of such bonds or the payment of interest thereon.
48 Del. Laws, c. 331, §  28;  9 Del. C. 1953, §  579;  55 Del. Laws, c. 85, §  4A;  63 Del. Laws, c. 142, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter II. Fire Hydrants and Water Mains › § 580. Cancellation of bonds.

§ 580. Cancellation of bonds.
The county government may adopt such procedure as it deems proper in cancelling the bonds when paid.
48 Del. Laws, c. 331, §  27;  9 Del. C. 1953, §  580;  55 Del. Laws, c. 85, §  4A;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter I. General Provisions › § 601. Purpose.

§ 601. Purpose.
The purpose of this chapter is to provide a procedure whereby the people of various unincorporated communities may establish and maintain parks and other recreational facilities and pay for the same through county bonds, the interest on and principal of such bonds to be collected by taxation of the community benefited.
9 Del. C. 1953, §  601;  49 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter I. General Provisions › § 602. Definitions.

§ 602. Definitions.
As used in this chapter:
(1) “Clerk of the county government” means the clerk of the peace of the county in which the suburban park community is situated.
(2) “Commission” means the county park and recreation commission.
(3) “County government” means the county governing body.
(4) “Legal voter” means every citizen resident in a proposed or existing suburban park community, who would be entitled at the time of holding an election hereunder to register and vote in any election district of which a proposed or existing suburban park community is a part at a general election, if such general election were to be held at the time of any election under this chapter whether or not he or she is at that time a registered voter.
(5) “Park or recreation area” means any area of real estate located within or reasonably near the suburban park community suitable for the promotion of the health and recreation of the residents of the suburban community.
(6) “Suburban park community” means any unincorporated community within the State:
a. Containing at least 50 dwellings, and
b. Which, in the opinion of the county government is so situated as to form a unit which is reasonably, equitably and economically capable of being improved by the addition of a park or recreation area located reasonably near such suburban park community.
9 Del. C. 1953, §  602;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter I. General Provisions › § 603. Tax exemption of parks and recreation areas.

§ 603. Tax exemption of parks and recreation areas.
All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired for such use or purpose under the provisions of this chapter shall be forever free from state and county taxation so long as used for such purposes.
9 Del. C. 1953, §  603;  49 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter I. General Provisions › § 604. Application of chapter.

§ 604. Application of chapter.
(a) This chapter shall apply only in Kent and Sussex Counties.
(b) Parks and recreational facilities in the unincorporated communities of New Castle County shall be under the supervision of the Department of Parks and Recreation as provided in Chapter 13 of this title.
9 Del. C. 1953, §  604;  55 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter II. County Park and Recreation Commissions › § 610. Creation; membership; terms; qualifications; vacancy.

§ 610. Creation; membership; terms; qualifications; vacancy.
(a) The county government of any county may establish a permanent county park and recreation commission.
(b) The commission shall consist of 5 members all of whom shall be residents of the county for a period of 3 years immediately preceding their appointments and only 3 of whom shall be affiliated with the same political party. One member shall be recommended by the State Board of Education; 1 in New Castle County shall be a member of the New Castle County Regional Planning Commission; and the remainder shall be members-at-large. All appointments shall be made by the county governments of the respective counties.
(c) One member shall be appointed for a term of 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, and 1 for 5 years. Thereafter the terms of each shall be 5 years.
(d) Vacancies occurring by other than expiration of term shall be filled in the same manner as original appointments. This commission shall be appointed within 10 days of the filing of the first petition under this chapter.
9 Del. C. 1953, §  610;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter II. County Park and Recreation Commissions › § 611. Organization; officers.

§ 611. Organization; officers.
Within 10 days after the commission has been appointed the members thereof shall meet and elect a chair. The chair shall be elected by the vote of a majority of all the members and shall serve for a period of 1 year or until the chair's successor is elected.
9 Del. C. 1953, §  611;  49 Del. Laws, c. 112, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter II. County Park and Recreation Commissions › § 612. Powers and duties.

§ 612. Powers and duties.
(a) The commission shall provide, maintain, develop and promote recreational areas, facilities and programs throughout the county in which it is situated for the areas forming suburban park communities.
(b) The commission may employ such experts, trained personnel, staff, and if and when 4 or more suburban park communities are established as hereinafter provided, a director of recreation, as the funds provided therefor may permit. It may also employ such supervisors and provide for such recreational promotion as the funds provided under § 654 of this title may permit.
(c) It may initiate, adopt and direct, or cause to be conducted, a comprehensive program of recreation in schools and parks or other lands and buildings either publicly or privately owned and it may buy, sell, acquire or make use of all equipment necessary for such a program as the funds provided therefor may permit. It shall generally supervise, plan and maintain a program of recreation.
(d) The commission may use parks, playgrounds or park areas or any other lands or buildings for recreational purposes.
(e) The commission shall use all expert advice and information available from the state, federal, or other officials, departments and agencies, and shall furnish other agencies, including incorporated communities in the county, the information available.
9 Del. C. 1953, §  612;  49 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter II. County Park and Recreation Commissions › § 613. Compensation; expenses.

§ 613. Compensation; expenses.
The members of the commission shall serve without compensation but shall be paid the necessary expenses incurred in the performance of their duties.
9 Del. C. 1953, §  613;  49 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter II. County Park and Recreation Commissions › § 614. Rules and regulations.

§ 614. Rules and regulations.
Subject to the approval of the county government, the commission may adopt such rules and regulations for the administration of its park and recreation programs as it deems necessary and proper.
9 Del. C. 1953, §  614;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter II. County Park and Recreation Commissions › § 615. Office space.

§ 615. Office space.
The county government shall furnish suitable and appropriate office space for the commission.
9 Del. C. 1953, §  615;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter II. County Park and Recreation Commissions › § 616. Limitation upon authority.

§ 616. Limitation upon authority.
No provision of this chapter shall be construed as intending to confer upon the county government or any park commission or commissioner established or appointed by said county government any power or authority to acquire by condemnation, or otherwise, or to exercise in any manner any power or authority over any lands owned by an incorporated city or town of this State, except pursuant to an agreement executed by the incorporated city or town owning said land and the county government prior to said acquisition.
9 Del. C. 1953, §  616;  49 Del. Laws, c. 112, §  2;  54 Del. Laws, c. 95, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 625. Petition to county government; who may petition; contents.

§ 625. Petition to county government; who may petition; contents.
Fifty percent of the freeholders resident in a proposed suburban park community consisting of less than 500 persons, or 250 freeholders resident in a proposed suburban park community consisting of 500 persons or more, may present a petition to the county government to submit the question of organizing a suburban park community to a vote of electors residing in that community.
9 Del. C. 1953, §  625;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 165, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 626. Study of suburban park community plan by commission; hearings; notice; recommendations to county government.

§ 626. Study of suburban park community plan by commission; hearings; notice; recommendations to county government.
(a) Promptly upon the filing of a prescribed petition, the county government shall adopt a resolution requesting the commission to make a study of the suburban park community and make its recommendations to the county government concerning the area to be included in the suburban park community and the boundaries and location of such park or recreation area.
(b) The commission shall upon receipt of a request from the county government, hold at least 1 public hearing on a proposed suburban park community plan. Notice of such hearing shall be published at least 15 days before the date of the hearing in a newspaper of general circulation in the said community and be posted in not less than 4 conspicuous public places in the proposed suburban park community. The notice shall contain the time and place of hearing, and shall specify the place and times at which the proposed suburban park community plan showing the proposed park layout and the extent of the park and recreation area and the nature of the improvements to be made, may be examined. Such notice shall also contain a description of the boundaries of the proposed suburban park community. All interested persons, residents, voters, tax payers, property owners or other persons or corporations in any way affected by the granting of such petition shall be heard on any question with respect to the location of the boundaries of the suburban park community and the proposed suburban community park plan and whether all real property included in the proposed suburban park community will be benefited by the carrying out of such plan. For the purpose of any of its public hearings under this chapter, the commission shall have power to summon witnesses, administer oaths, and compel the giving of testimony. The recommendation of the commission shall be submitted to the county government within 60 days from passage of said resolution by the county government.
(c) The commission may upon its own motion and without having received a request from the county government, and without a petition having been filed, proceed to hold a public hearing as hereinabove provided and may submit to the county government the recommendation of the commission for establishment of a suburban park community and the making of improvements therein.
9 Del. C. 1953, §  626;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 139, §  1;  50 Del. Laws, c. 567, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 627. Determination of status by county government.

§ 627. Determination of status by county government.
Within 15 days after receipt by the county government of the recommendations of the commission as hereinbefore provided, the county government shall meet and consider the evidence and testimony given at the hearing before the commission and the recommendation of such commission and determine whether a proposed community is a suburban park community as provided in § 602 of this title and whether said community should be improved by the addition of a park or recreation area, and determine what shall be the boundaries of the suburban park community and that it is in the public interest to establish such suburban park community and that all real property included within its boundaries will be benefited by the construction of the proposed park layout and the establishment of the proposed park or recreation area and the making of the improvements proposed to be made therein.
9 Del. C. 1953, §  627;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 628. Preparation of survey, plans, specifications and estimates.

§ 628. Preparation of survey, plans, specifications and estimates.
Immediately after the determination by the county government that a community is a suburban park community, the county government shall notify the commission, which, upon receipt of such information, shall proceed to have prepared by the county engineer, surveys, plans, specifications and estimates of the cost of the park or recreation area, and of improvements requested by the petitioners, and shall determine the annual assessment required to pay principal, interest, supervision, and maintenance of the park or recreation area.
9 Del. C. 1953, §  628;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 140, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 629. Limitation on cost of park and improvements.

§ 629. Limitation on cost of park and improvements.
If the estimated cost of the park or recreation area and improvements submitted by the commission shall exceed 5 percent of the total assessed value of all real property and improvements in said suburban park community, as reflected by the books of the board of assessment for the county, then the county government shall not be authorized to proceed under this chapter.
9 Del. C. 1953, §  629;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 567, §  2;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 630. Election to approve suburban park community and authorize bond issue.

§ 630. Election to approve suburban park community and authorize bond issue.
(a) Upon the submission by said commission to the county government of plans, specifications and estimates covering said park or recreation area and improvements, the county government shall proceed to set a date for an election at which all legal voters resident in the community may vote, on the question whether the county government should proceed to issue bonds in the manner hereinafter provided, in an amount sufficient to finance the cost for the acquisition of such park or recreation area and of the improvements contemplated. Said election shall be held no less than 20 days and no more than 30 days after the submission of said plans and specifications and estimates to the county government.
(b) For the purpose of determining whether the persons offering to vote at such election possess the necessary qualifications, the officers conducting such election shall inquire of every person offering to vote, the person's name, whether the person is a native born or naturalized citizen, the person's place of residence and the length of time of the person's residence in the proposed or existing suburban park community in which such election is being conducted, in the county in which such proposed or existing suburban park community is located and in the State.
(c) Every citizen who resides in the proposed suburban park community in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district of which the proposed suburban park community is a part, at a general election, if such general election were held on the day of such election in the proposed suburban park community, may vote at such election whether or not the citizen is at the time a registered voter.
9 Del. C. 1953, §  630;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 567, §§  3, 4;  57 Del. Laws, c. 762, §  4B;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 631. Notice of election.

§ 631. Notice of election.
Notice of the time and place of such election shall be published at least 15 days before the date of election in a newspaper of general circulation in the proposed suburban park community and be posted at not less than 4 conspicuous public places in the proposed suburban park community. The notice shall state that the purpose of the election is to determine whether a majority of the legal voters resident in said community is in favor of the issuance of bonds by the county government to cover the total cost for the acquisition of the park or recreation area and of the improvements contemplated. The notice shall contain a brief description of the proposed improvements and shall also state the maximum principal amount of such bonds, the maximum rate of interest to be borne by such bonds, and the amount of such bonds payable in each fiscal year, and shall set forth the aggregate amount required to be raised by tax in each fiscal year for the payment of the principal of such bonds and the interest thereon computed at such maximum rate.
9 Del. C. 1953, §  631;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 567, §  5;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 632. Place of holding election; times; manner of voting.

§ 632. Place of holding election; times; manner of voting.
The election shall be held at such place in the proposed suburban park community as the county government shall designate and the polls shall be open from 9:
00 a.m. to 7:
30 p.m. of the day of the election. The voting shall be by printed ballot, which shall give the voter an opportunity clearly to indicate the voter's consent or objection to the issuance of bonds for the improvement contemplated. Such printed ballot shall state the maximum principal amount of such bonds, the maximum rate of interest to be borne by such bonds, and the amount of such bonds payable in each fiscal year, and shall set forth the aggregate amount required to be raised by tax in each fiscal year for the payment of the principal of such bonds and the interest thereon computed at such maximum rate. A majority of votes cast shall decide the matter. The clerk of the county government shall act as judge of the election.
9 Del. C. 1953, §  632;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 567, §  6;  57 Del. Laws, c. 762, §  4B;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 633. Tabulating votes; certificate of result.

§ 633. Tabulating votes; certificate of result.
Promptly after the holding of the election, the judge of election shall tabulate the ballots and certify the results to the county government under his or her hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.
9 Del. C. 1953, §  633;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter III. Formation of Suburban Park Community and Election › § 634. Formation of suburban park community by county government.

§ 634. Formation of suburban park community by county government.
Upon approval by the election the county government shall immediately establish a suburban park community and notify the commission of such community.
9 Del. C. 1953, §  634;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter IV. County Bonds; Assessments and Costs › § 651. Special sinking fund.

§ 651. Special sinking fund.
The county government shall promptly deposit all funds received from the receiver of taxes from the collection of the taxes levied pursuant to the provisions of § 654 of this title, in a special account, which shall be used for no other purpose than the retiring of the bonds and interest accruing thereon, and for maintaining and improving the parks or recreation areas of the suburban park community, and paying the necessary expenses of the suburban park community including all costs of supervision and recreational promotion.
9 Del. C. 1953, §  651;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter IV. County Bonds; Assessments and Costs › § 652. Cancellation of bonds.

§ 652. Cancellation of bonds.
The county government may adopt such procedure as it deems proper in cancelling said bonds when paid.
9 Del. C. 1953, §  652;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter IV. County Bonds; Assessments and Costs › § 653. Payment and retirement of bonds.

§ 653. Payment and retirement of bonds.
Prior to the time of the retirement of the bonds, or any of them, or the time when interest shall become payable thereon, the county government shall make available sufficient funds in a state or national bank where the principal and interest are payable, to cover the retirement of such bonds or the payment of interest thereon.
9 Del. C. 1953, §  653;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;  63 Del. Laws, c. 142, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter IV. County Bonds; Assessments and Costs › § 654. Assessment.

§ 654. Assessment.
(a) The county government shall levy a tax for each fiscal year which shall be sufficient to provide funds adequate to reimburse the county for moneys expended or to be expended in such fiscal year in retiring the bonds which have been issued and in paying interest due on the same, and in maintaining or improving the suburban park community, and in paying the necessary general expenses of such community, including all costs of supervision and recreational promotion.
(b) The rate of such tax shall be stated in terms of a certain rate on every $100 of assessed valuation, and a tax at such rate shall be levied on all the real property within the boundaries of such suburban park community listed in the assessment list prepared by the board of assessment of the county for such fiscal year, and in accordance with the valuation of such property as stated in such assessment list. No tax shall be levied upon any property which is not now subject to taxation and assessment for county or municipal purposes. An assessment list to be known as “Suburban Park Community Assessment List” showing the tax levied shall be prepared and shall be delivered to the receiver of taxes of the county together with a tax collection warrant in the form prescribed by § 8005 of this title and said tax shall be collected by such receiver of taxes in the same manner as are other county taxes.
(c) The estimated maximum annual tax rate for the cost of maintaining any park or recreation area, including all costs of supervision and recreational promotion, shall be computed and shall be stated on the ballot at the time of the election as provided in § 632 of this title in terms of a certain rate on every $100 of assessed valuation. The annual tax levied to provide funds for maintaining the park, including all costs of supervision and recreational promotion, for any fiscal year prior to the maturity of the bonds shall not exceed the estimated maximum annual tax rate for such maintenance as stated on the ballot at the time of the election by the residents of the suburban park community.
9 Del. C. 1953, §  654;  49 Del. Laws, c. 112, §  1;  50 Del. Laws, c. 405, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter IV. County Bonds; Assessments and Costs › § 655. Costs of parks, improvements and maintenance.

§ 655. Costs of parks, improvements and maintenance.
The cost of acquiring, improving and maintaining of any park or recreation area under the provisions of this chapter and making the necessary improvements thereon shall be paid by the owners of the real estate in the suburban park community as hereinbefore provided.
9 Del. C. 1953, §  655;  49 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter V. Acquisition, Improvement and Maintenance of Park Areas › § 670. Acquisition of land for parks; title and ownership; gifts.

§ 670. Acquisition of land for parks; title and ownership; gifts.
(a) The county government may take or acquire by condemnation in accordance with law, agreement, purchase or gift, lands located within the county outside of the corporate limits of any city or town and not already devoted to a public purpose or used by a public utility in its service of the public as may seem to the county government suitable for park and recreational purposes and necessary to meet the requirements of this chapter. Title and ownership of such lands, however acquired, shall be vested in the State for the use of the county. The county government, pursuant to agreement executed by an incorporated city or town, may acquire by agreement, purchase or gift, or may lease or agree to undertake to control and maintain for a term of years, lands located within the county owned by the incorporated city or town.
(b) Gifts of land, buildings or money may be accepted for specific maintenance or establishment of park and recreational areas.
(c) The county governments of this State may execute and deliver, in proper form, a lease, concession agreement, easement, or license agreement for any part of the public lands owned by them, including park land and land held in a public trust. The demise and lease of such lands, including public parks, may be upon such conditions and for such rentals as the county government deems advisable for the public good, provided that the demise and lease of public park lands shall be limited to recreational purposes and related activities. Whoever leases any of the lands under any restrictions or conditions of a county government and fails to comply with the restrictions or conditions set forth in the lease with the government forfeits the leasehold interest granted by the lease.
9 Del. C. 1953, §  670;  49 Del. Laws, c. 112, §  1;  54 Del. Laws, c. 95, §  2;  57 Del. Laws, c. 762, §  4B;  81 Del. Laws, c. 361, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter V. Acquisition, Improvement and Maintenance of Park Areas › § 671. Contracts for improvements; competitive bids.

§ 671. Contracts for improvements; competitive bids.
(a) The commission shall proceed to arrange for the contracts for the required improvements. The letting of contracts for improvements shall be upon a competitive basis pursuant to public advertisement of the intention of the county government to receive sealed proposals for the work on said improvements. All contracts shall be entered into and acquisitions shall be made by the county government.
(b) It shall be a term of each contract that 10 percent of all payments due shall be withheld until final certification by the commission that the work has been satisfactorily completed, in compliance with the contract.
9 Del. C. 1953, §  671;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter V. Acquisition, Improvement and Maintenance of Park Areas › § 672. Awarding of contracts; procedure.

§ 672. Awarding of contracts; procedure.
Upon the opening of the sealed proposals, the county government, after consultation with the commission, shall award said contracts, but no contract shall be awarded to any other than the lowest bidder except with the unanimous approval of the members of the county government and the recommendation of the commission, and provided the county government shall set down in its minutes the reason or reasons for granting the contract to the person other than the lowest bidder. As a condition of the letting of the contracts, the county government shall require the successful bidder to enter into a bond for the faithful performance of such contract. The county government shall have the power to reject all bids.
9 Del. C. 1953, §  672;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter V. Acquisition, Improvement and Maintenance of Park Areas › § 673. Supervision by commission; duty to maintain; payment procedures; fences between parks and railroads.

§ 673. Supervision by commission; duty to maintain; payment procedures; fences between parks and railroads.
(a) After the awarding of the contracts, all work performed under this chapter shall be under the direct supervision and direction of the commission.
(b) The commission shall be responsible for the maintenance of such parks and recreation areas and shall submit approved bills for such maintenance to the county government for payment.
(c) The bills for recreation and recreational promotion including salaries and equipment shall be approved by the commission and submitted to the county government for payment.
(d) The commission may place fences or barriers not less than 4 feet in height between all developed parks and active railroad tracks, the cost of which shall be shared equally between the county and the State.
9 Del. C. 1953, §  673;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;  58 Del. Laws, c. 224.;
2023 Delaware Code › Title 9 - Counties › Chapter 6. SUBURBAN PARKS AND RECREATION › Subchapter VI. Revision of Suburban Park Community › § 680. Revision of established suburban park community; expansion and alteration of park or recreation areas; notice; additional funds.

§ 680. Revision of established suburban park community; expansion and alteration of park or recreation areas; notice; additional funds.
(a) Where the county government has already established a suburban park community hereunder, then, the commission may, upon its own motion, and without having received a request from the county government, and without a petition having been filed, proceed to hold a public hearing on the question whether the area included in the suburban park community should be enlarged or whether the layout of any park or recreational area therein shall be expanded, improved or altered. Such public hearing shall be held and notice thereof shall be published and posted, and the commission shall make a recommendation, in the manner prescribed by § 626 of this title.
(b) Within 15 days after the receipt by the county government of the recommendation of the commission, as hereinbefore provided, the county government shall meet and determine whether or not it is in the public interest to enlarge such suburban park community and what shall be its boundaries, and whether all the real property included therein will be benefited by such enlargement and by such expansion, improvement or alteration of the layout of the park or recreational area therein. Such improvements may be made and bonds may be issued to finance the cost thereof in the manner and subject to the conditions prescribed in §§ 628-633 and 650 of this title.
9 Del. C. 1953, §  680;  49 Del. Laws, c. 112, §  1;  57 Del. Laws, c. 762, §  4B;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter I. General Provisions › § 701. Purpose.

§ 701. Purpose.
(a) The purpose of this chapter is to provide a procedure whereby any territory so lying as to form 1 connected area (no portion of which shall be already included in an incorporated park district established under the provisions of this chapter) may be incorporated as a park district to establish and maintain parks and other recreational facilities and pay for the same through district bonds, the interest and principal of such bonds to be collected by taxation of the district benefited.
(b) The provisions of this chapter shall apply only to New Castle County.
9 Del. C. 1953, §  701;  52 Del. Laws, c. 42;  52 Del. Laws, c. 256;  71 Del. Laws, c. 401, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter I. General Provisions › § 702. Definitions.

§ 702. Definitions.
As used in this chapter:
(1) “Clerk of the County Council” means the Clerk of the County Council of New Castle County in which the park district is located.
(2) “Clerk of the peace” means the clerk of the peace of the county, Kent or Sussex, in which the park district is located.
(3) “Commission” means the park commission of a park district established by an election under the provisions of this chapter.
(4) “County government” means the county governing body.
(5) “Department of Finance” means the Department of Finance of New Castle County in which the park district is located.
(6) “Legal voter” means every citizen resident in a proposed or existing park district, who would be entitled at the time of holding an election under this chapter to register and vote in any election district of which a proposed or existing park district is a part at a general election, if such general election were to be held at the time of any election under this chapter, whether or not he or she is at that time a registered voter.
(7) “Park or recreation area” means any area of real estate located within the park district suitable for the promotion of the health and recreation of the residents of the park district.
(8) “Receiver of taxes and county treasurer” means the receiver of taxes and county treasurer of the county, Kent or Sussex, in which the park district is located.
9 Del. C. 1953, §  702;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter I. General Provisions › § 703. Tax exemption of parks and recreation areas.

§ 703. Tax exemption of parks and recreation areas.
All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired for such use or purpose under the provisions of this chapter shall be forever free from state, county and municipal taxation so long as used for such purposes.
9 Del. C. 1953, §  703;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 710. Petition to form district.

§ 710. Petition to form district.
In organizing any park district under this chapter not less than 100 legal voters resident within the limits of such proposed park district may petition the county government to cause the question to be submitted to the legal voters of such proposed park district whether they will organize as a park district. Such petition shall clearly describe the territory intended to be embraced in such district and the name of such proposed district.
9 Del. C. 1953, §  710;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6B;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 711. Filing of petition.

§ 711. Filing of petition.
Such organization petition should be filed in the office of the clerk of the county government or clerk of the peace.
9 Del. C. 1953, §  711;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6C;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 712. Calling election; appointment of election officials.

§ 712. Calling election; appointment of election officials.
(a) Upon the filing of such organization petition the county government, by ordinance or resolution, may order an election to be held in such proposed district, and in such order fix the time, not less than 30 days nor more than 60 days after the date of filing of the petition, at which an election may be held to determine such question and to elect 7 commissioners as provided in this chapter.
(b) The county government shall fix as many polling places within the boundaries of such proposed district as would be provided in a primary election and shall name the persons to act as judges and clerks at such election.
(c) Thereupon the clerk of the county government or clerk of the peace shall give 20 days notice of said election by publishing 1 notice of the same in at least 1 newspaper, if any be published in said proposed district, or if none be published in said proposed district, then in 1 or more newspapers of general circulation in the proposed district, or if there be no newspaper of general circulation in said proposed district, then by causing said notice to be posted in 5 public places within such proposed district.
9 Del. C. 1953, §  712;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6D;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 714. Canvass of returns.

§ 714. Canvass of returns.
The judges at such organization election shall make return thereof to the county government. The county government shall canvass such returns and shall enter a resolution upon the records of the county government determining and declaring the results of the election.
9 Del. C. 1953, §  714;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6F;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 715. When district organized.

§ 715. When district organized.
In case a majority of the votes cast upon the question so submitted shall be in favor of the establishment of such district, said district shall then be deemed organized.
9 Del. C. 1953, §  715;  52 Del. Laws, c. 42.;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 716. First election nominations.

§ 716. First election nominations.
Candidates for park commissioner elected at the election to determine whether or not a park district shall be formed shall be nominated in the same manner and form as prescribed in § 718 of this title with the following exceptions:
(1) The nominating petition shall be filed with the clerk of the county government or clerk of the peace;
(2) Signatures of 200 legal voters upon the nominating petition shall be sufficient; and
(3) The nominating petition shall be filed not less than 15 days prior to the date of the election.
9 Del. C. 1953, §  716;  52 Del. Laws, c. 42;  55 Del. Laws, c. 85, §  6G;
2023 Delaware Code › Title 9 - Counties › Chapter 7. PARK DISTRICTS › Subchapter II. Organization; Elections › § 717. Fixing terms of commissioners.

§ 717. Fixing terms of commissioners.
Except as otherwise provided in this chapter, within 30 days after declaration of the result of the election to organize a district, the 7 persons elected as commissioners shall meet and decide by lot the term for which each shall hold office. Three shall serve for 6 years; 2 shall serve for 4 years; and 2 shall serve for 2 years, respectively, from the date in the next even year an election would otherwise be held, as specified in § 719 of this title or until their successors shall be duly elected and qualified. It is the purpose of this section that the first members of the board shall serve until the date an election would otherwise be held in the next even year, in addition to their 6-, 4- and 2-year terms.
9 Del. C. 1953, §  717;  52 Del. Laws, c. 42.;