Title 9, Counties

§ 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;

§ 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 m…

§ 713. Form of ballot. The question for establishment of a park district and for election of park commissioners shall be presented in the following form: (1) The question shall be stated as follows: (Insert name of district) Park District In accordance with the provisions of Chap…

§ 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…

§ 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.;

§ 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 nomin…

§ 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…

§ 718. Succeeding elections; nominations; ballot. (a) Nominations of candidates for the office of park commissioners in any park district at all succeeding elections shall be made by petition signed in the aggregate for each candidate by legal voters of such districts, equal in n…

§ 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, commis…

§ 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 appoi…

§ 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 oat…

§ 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 o…

§ 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;

§ 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,…

§ 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 purportin…

§ 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 nece…

§ 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 …

§ 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 s…

§ 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 conser…

§ 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 dutie…

§ 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 …

§ 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 levi…

§ 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. Law…

§ 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,…

§ 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, tha…

§ 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…

§ 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 …

§ 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, §…

§ 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 di…

§ 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 ce…

§ 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 s…

§ 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 retir…

§ 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 …

§ 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 hav…

§ 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 outd…

§ 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.…