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Delaware Statutes, Title 9

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Delaware/Statutes

← All Delaware coverage

Title 9, Counties

65 chapters · 1,337 sections in this title.

All chapters in Title 91,337 Ch 5, SUBURBAN COMMUNITY IMPROVEMENTS65 Ch 11, COUNTY EXECUTIVE AND COUNTY COUNCIL62 Ch 13, COUNTY DEPARTMENTS61 Ch 46, Sewers and Sewer Districts61 Ch 83, VALUATION AND ASSESSMENT OF PROPERTY59 Ch 87, COLLECTION OF DELINQUENT TAXES54 Ch 41, GOVERNMENT OF KENT COUNTY43 Ch 3, COUNTY GOVERNMENTS GENERALLY42 Ch 49, ZONING41 Ch 69, ZONING41 Ch 7, PARK DISTRICTS40 Ch 22, SEWERS37 Ch 45, SEWERS AND WATER35 Ch 6, SUBURBAN PARKS AND RECREATION32

62 sections·Filtered byTitle 9✕Ch 11✕

9 Del. C. § 1101. General powers.
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§ 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 n…
9 Del. C. § 1101A. Definitions.
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§ 1101A. Definitions. For purposes of this chapter: (1) “Chief Financial Officer” means the Chief Financial Officer of New Castle County or a designee. (2) “Fire protection” means the prevention and extinguishment of fires; maintenance of apparatus and equipment, including ambula…
9 Del. C. § 1102. Local service functions; subcategories; responsibility for performance.
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§ 1102. Local service functions; subcategories; responsibility for performance. (a) New Castle County may divide a local service function into subcategories on forms used under § 1128 of this title. A subcategory of a local service function constitutes a local service function. (…
9 Del. C. § 1103. Exercise of powers.
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§ 1103. Exercise of powers. All powers of the government of New Castle County shall be carried into execution as provided by this title or by other law of this State or if this title or other law of this State makes no such provision, as provided by ordinance or resolution of the…

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9 Del. C. § 1111. Election and term.

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§ 1111. Election and term. (a) At the first general election in November following May 26, 1965, and each fourth year thereafter, a County Executive shall be elected at large from New Castle County, except that if such first general election is in a nonpresidential election year,…

9 Del. C. § 1112. Qualifications.

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§ 1112. Qualifications. The County Executive shall be a citizen of the United States, a qualified elector of New Castle County, and shall have been a resident of New Castle County for at least 5 years immediately preceding his or her election. Removal from the County as a residen…

9 Del. C. § 1113. Compensation.

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§ 1113. Compensation. The annual salary of the County Executive shall not be less than $67,000 and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which has been adopted and ordained by County Council.9 Del. C. 1953, § 1113; 5…

9 Del. C. § 1114. Vacancy in office.

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§ 1114. Vacancy in office. (a) If a vacancy occurs in the office of County Executive by reason of death, resignation, removal from office, or other cause, the Governor shall appoint an acting County Executive to serve until the vacancy is filled as a result of an election. The pe…

9 Del. C. § 1115. Absence or disability.

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§ 1115. Absence or disability. During the temporary absence or disability of the County Executive, the Chief Administrative Officer shall act as County Executive and may sign contracts or other legal papers or instruments which the County Executive is authorized to sign. The Coun…

9 Del. C. § 1116. Powers and duties.

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§ 1116. Powers and duties. The County Executive shall: (1) See that the duties and responsibilities of the executive and administrative agencies of the County are properly performed and that the work of the county offices, departments, and agencies is properly coordinated; (2) Se…

9 Del. C. § 1117. Performance of functions by contract.

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§ 1117. Performance of functions by contract. Whenever in this title any function or duty is assigned to any officer, department or board for performance, such officer, department or board may perform such function by contract to the extent authorized in writing by the County Exe…

9 Del. C. § 1118. Civil defense.

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§ 1118. Civil defense. The County Executive shall by rule provide for the organization and performance of such civil defense functions as shall from time to time be performed by the County.9 Del. C. 1953, § 1118; 55 Del. Laws, c. 85, § 1;

9 Del. C. § 1119. Communications between County Executive and County Council.

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§ 1119. Communications between County Executive and County Council. The County Executive, orally or in writing, may present messages, information, and recommendations to the County Council.9 Del. C. 1953, § 1119; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15;

9 Del. C. § 1120. Power to appoint Chief Administrative Officer and Department Directors.

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§ 1120. Power to appoint Chief Administrative Officer and Department Directors. (a) The County Executive shall appoint a Chief Administrative Officer who shall serve at the pleasure of the County Executive. The Chief Administrative Officer shall be qualified by education, trainin…

9 Del. C. § 1121. Powers and duties of Chief Administrative Officer.

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§ 1121. Powers and duties of Chief Administrative Officer. (a) The Chief Administrative Officer shall assist the County Executive with duties and responsibilities and, subject to the policies and directives of the County Executive, shall have general supervision over the executiv…

9 Del. C. § 1122. County executive restructuring power.

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§ 1122. County executive restructuring power. The County Executive of New Castle County shall have the power to merge, establish, rename, and modify departments, boards, agencies, commissions, and offices of the county and may prescribe the functions and management systems of all…

9 Del. C. § 1125. Local service functions; New Castle County property tax rates in municipalities.

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§ 1125. Local service functions; New Castle County property tax rates in municipalities. (a) In determining the New Castle County property tax rate for real property in a municipality, New Castle County shall consider the degree that a local service function is fully or partially…

9 Del. C. § 1126. Local service functions; calculation of net county LSF cost and individual LSF tax rates.

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§ 1126. Local service functions; calculation of net county LSF cost and individual LSF tax rates. (a) New Castle County shall calculate the net county LSF cost for each local service function. The “net county LSF cost” equals the amount in the New Castle County budget for the loc…

9 Del. C. § 1127. Local service functions; change in degree of performance; notice requirements.

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§ 1127. Local service functions; change in degree of performance; notice requirements. (a) By August 1 of each year, a municipality shall provide notice to New Castle County if the municipality intends to begin performing, stop performing, or change the degree of performance of a…

9 Del. C. § 1128. Local service functions; determining the New Castle County service percentage and credit percentage.

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§ 1128. Local service functions; determining the New Castle County service percentage and credit percentage. (a) (1) [Repealed.] (2) By July 1 of each year, New Castle County shall provide to each municipality the forms and instructions under paragraph (a)(3) of this section to s…

9 Del. C. § 1129. Local service functions; Local Service Function Review Committee.

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§ 1129. Local service functions; Local Service Function Review Committee. (a) New Castle County shall create the Local Service Function Review Committee ( “Committee” ) for the purpose of conducting an annual review of this subpart of this subchapter. The Committee must complete …

9 Del. C. § 1131. Separate budgeting for local service functions performed by the County.

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§ 1131. Separate budgeting for local service functions performed by the County. (a) The Chief Administrative Officer and the County Executive, in the preparation of the annual operating budget, shall divide and segregate in a separate budget, entitled Local Service Function Budge…

9 Del. C. § 1132. Preparation of the annual operating budget; distribution of budget requests; completed forms; preliminary budget; preliminary budget hearings; operating budget; distribution of operating budget.

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§ 1132. Preparation of the annual operating budget; distribution of budget requests; completed forms; preliminary budget; preliminary budget hearings; operating budget; distribution of operating budget. (a) The Chief Administrative Officer shall annually, not later than January 1…

9 Del. C. § 1133. Administration and enforcement of the operating budget ordinance; adoption of operating budget; allocations and allotments; approval of allocations and allotments; revisions.

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§ 1133. Administration and enforcement of the operating budget ordinance; adoption of operating budget; allocations and allotments; approval of allocations and allotments; revisions. (a) The adoption of the operating budget ordinance is an appropriation of the sum specified in th…

9 Del. C. § 1134. Preparation of the capital program and the capital budget; preparation by Chief Administrative Officer; recommendation by County Executive; action by County Council.

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§ 1134. Preparation of the capital program and the capital budget; preparation by Chief Administrative Officer; recommendation by County Executive; action by County Council. (a) The Chief Administrative Officer shall annually prepare a capital program and a capital budget under t…

9 Del. C. § 1135. Administration of the capital budget.

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§ 1135. Administration of the capital budget. The Chief Administrative Officer, under the supervision of the County Executive, shall be responsible for the administration of the capital budget as adopted by ordinance. The Chief Administrative Officer shall cause each office, depa…

9 Del. C. § 1136. Fiscal year.

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§ 1136. Fiscal year. The fiscal year of the County shall commence on July 1 of each year and conclude upon June 30 of the following year.9 Del. C. 1953, § 1136; 55 Del. Laws, c. 85, § 1; 83 Del. Laws, c. 7, § 4;

9 Del. C. § 1137. Encumbrance defined.

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§ 1137. Encumbrance defined. For the purpose of this subchapter, the term “encumbrance” shall mean a commitment for expenditure of an appropriation evidenced by a valid purchase order, similar document or process for the acquisition of supplies, material, work or services.9 Del. …

9 Del. C. § 1138. Budgets for grants.

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§ 1138. Budgets for grants. The County Council may accept federal, state, and private grant funds. The Chief Administrative Officer shall submit to the County Council a budget, which shall not be part of the General Operating Budget or of the Capital Budget, for the expenditure o…

9 Del. C. § 1141. Number and term.

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§ 1141. Number and term. (a) For any general or special election prior to and including the general election of 2002, the County Council shall consist of 7 members. Six of these members shall be elected from council districts. The seventh member shall be elected at large from New…

9 Del. C. § 1142. Qualifications.

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§ 1142. Qualifications. Elected officials of the County Council shall be citizens of the United States and qualified electors of the County. They shall be residents of the district from which they are elected or, in the event of redistricting, of the district as adjusted for at l…

9 Del. C. § 1143. Prohibitions.

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§ 1143. Prohibitions. Except where authorized by law, no elected official of the County Council shall hold any other county office or employment with the County Council during the term for which such official was elected to the County Council. No former elected official shall hol…

9 Del. C. § 1144. Salary.

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§ 1144. Salary. The annual salary of elected officials of County Council shall be $30,000 for the president of Council and $27,500 for the other members of Council and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which has …

9 Del. C. § 1145. President of the County Council; President pro tempore.

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§ 1145. President of the County Council; President pro tempore. (a) At the general election on November 8, 1966, and each fourth year thereafter, a President of the County Council shall be elected at large from New Castle County, except that if such first general election is in a…

9 Del. C. § 1146. Powers of County Council.

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§ 1146. Powers of County Council. All legislative powers of the County shall be vested in the County Council, except as otherwise provided by this title or other laws of this State, and the County Council shall provide for the exercise thereof and for the performance of all dutie…

9 Del. C. § 1147. Vacancies.

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§ 1147. Vacancies. (a) The office of an elected official of the County Council shall become vacant upon the official’s death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. The office shall be deemed to have been forfeited should th…

9 Del. C. § 1148. Clerk of County Council.

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§ 1148. Clerk of County Council. The County Council shall appoint a Clerk of County Council who shall keep the journal of its proceedings, and perform such other duties as are assigned to the Clerk by this title or by the County Council. The County Council may provide for employe…

9 Del. C. § 1149. Investigations; refusal to obey; penalties.

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§ 1149. Investigations; refusal to obey; penalties. (a) The County Council may make investigations into the affairs of the County and the conduct of any county department, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require …

9 Del. C. § 1150. Procedure.

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§ 1150. Procedure. (a) The County Council shall meet regularly at least twice in each month; provided, however, that by vote of a majority of the members of Council, Council may adjourn for not more than 1-month vacation each calendar year. The place, dates and times of regular m…

9 Del. C. § 1151. Action required by ordinance.

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§ 1151. Action required by ordinance. All actions of the County Council which shall have the force of law shall be by ordinance.9 Del. C. 1953, § 1151; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15;

9 Del. C. § 1152. Ordinances generally.

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§ 1152. Ordinances generally. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance, except those relating to the budget or appropriation of funds and those relating to the adoption or revision of the County Code sha…

9 Del. C. § 1153. Procedure for amendments to Zoning Code.

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§ 1153. Procedure for amendments to Zoning Code. (a) All amendments to the Zoning Code shall be by ordinance. Not more than 3 days after the introduction of an ordinance amending the Zoning Code, the County Council shall refer it to the Department of Land Use and the Planning Boa…

9 Del. C. § 1154. Procedure for adoption of official map.

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§ 1154. Procedure for adoption of official map. (a) At the time of the presentation of the proposed official map or amendments thereto, an ordinance shall be introduced into the County Council for adoption of such map or amendment thereto. (b) Not less than 30 days prior to the a…

9 Del. C. § 1155. Consideration and adoption of the annual operating budget ordinance.

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§ 1155. Consideration and adoption of the annual operating budget ordinance. (a) The County Council, upon receipt of the operating budget, shall immediately publish a notice in a newspaper of general circulation in the County, setting forth all of the following: (1) A summary of …

9 Del. C. § 1156. Submission of ordinance to County Executive.

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§ 1156. Submission of ordinance to County Executive. (a) No ordinance shall be considered as officially adopted until it has been signed by the County Executive or has become effective without the signature of the County Executive as provided in this section. (b) Every ordinance …

9 Del. C. § 1157. Emergency ordinances.

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§ 1157. Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the County Council may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except…

9 Del. C. § 1158. Budget of revenues.

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§ 1158. Budget of revenues. (a) The County Council, at the meeting at which the annual operating budget ordinance is adopted, and within the limits of its power and subject to other provisions of this title, shall ordain such taxes and other revenue measures as will yield suffici…

9 Del. C. § 1159. Capital program and capital budget.

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§ 1159. Capital program and capital budget. (a) County Council shall adopt a capital program and adopt a capital budget before, or at the same meeting as, it adopts the annual operating budget. (b) The capital program shall detail all permanent physical improvements, including th…

9 Del. C. § 1160. Unrestricted use of present revenues [Repealed].

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§ 1160. Unrestricted use of present revenues [Repealed].9 Del. C. 1953, § 1160; 55 Del. Laws, c. 85, § 1; repealed by 83 Del. Laws, c. 7, § 6, effective Jan. 1, 2022.;

9 Del. C. § 1161. Authentication, recording, codification, and reproduction of ordinances.

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§ 1161. Authentication, recording, codification, and reproduction of ordinances. (a) The Clerk of County Council shall authenticate by signature, and record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the County Council. (b) …