Title 22 — Municipalities

15 chapters · 131 sections in this title.

131 sectionsFiltered byTitle 22

22 Del. C. § 1705. Application of bond proceeds.
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§ 1705. Application of bond proceeds. All proceeds received from any bonds issued and sold pursuant to this chapter shall be applied solely for: (1) The cost of purchasing, leasing, condemning or otherwise acquiring land or other property, or an interest in them, in the designate…
22 Del. C. § 1706. Conditions precedent to issuance of bonds.
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§ 1706. Conditions precedent to issuance of bonds. Before issuing any bonds, the governing body of the issuer shall: (1) Designate by resolution an area within its jurisdiction as a “TIF District”. (2) Receive from the appropriate assessor a certification as to the amount of the …
22 Del. C. § 1707. Resolution creating special fund.
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§ 1707. Resolution creating special fund. The governing body of any municipality may adopt a resolution creating a special fund with respect to a TIF District, even though no bonds authorized by this chapter have been issued by such municipality with respect to that TIF District …
22 Del. C. § 1708. Uses of special fund; issuance of general obligation bond.
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§ 1708. Uses of special fund; issuance of general obligation bond. (a) Uses of special fund when no bonds outstanding. — When no bonds authorized by this chapter are outstanding with respect to a TIF District and the governing body of the municipality so determines, moneys in the…
22 Del. C. § 1708A. Pledge of revenue from taxes on tax increment into other fund.
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§ 1708A. Pledge of revenue from taxes on tax increment into other fund. The municipality may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall be paid into a special fund created by an issuing body for the payment or reimbursem…
22 Del. C. § 1709. Agreements to pay revenue from taxes on tax increment into special fund.
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§ 1709. Agreements to pay revenue from taxes on tax increment into special fund. A county, which is not the issuing body, may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall also be paid into a special fund created pursuant t…
22 Del. C. § 1710. Ordinance authorizing bonds.
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§ 1710. Ordinance authorizing bonds. (a) Required; mandatory provisions. — In order to implement the authority conferred upon it by this chapter to issue bonds, the governing body of any municipality shall adopt an ordinance which: (1) Specifies and describes the proposed underta…
22 Del. C. § 1711. Exemption of bonds from taxation.
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§ 1711. Exemption of bonds from taxation. The principal amount of the bonds, the interest payable thereon, their transfer, and any income derived therefrom, including any profit made in the sale or transfer thereof, shall be exempt from taxation by the State and by the several co…
22 Del. C. § 1712. Nature and incidents of bonds.
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§ 1712. Nature and incidents of bonds. (a) Form of bond; deemed “securities.” — All bonds shall be in fully registered form. Each of the bonds shall be deemed to be a “security” within the meaning of § 8-102 of Title 6, whether or not it is either 1 or a class or series or by its…
22 Del. C. § 1713. TIF District consistency with certified comprehensive plan.
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§ 1713. TIF District consistency with certified comprehensive plan. The use of lands in a TIF District shall be consistent with the Comprehensive Plan for the area as certified pursuant to § 9103(f) of Title 29.74 Del. Laws, c. 145, § 1;
22 Del. C. § 1714. Construction of chapter.
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§ 1714. Construction of chapter. This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose of this chapter.74 Del. Laws, c. 145, § 1;
22 Del. C. § 1715. Taxation of leased property in TIF District.
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§ 1715. Taxation of leased property in TIF District. Whenever the municipality, as lessor, leases its property within the TIF District, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provided that the lesse…
22 Del. C. § 1716. Special provision applicable to the City of Dover, Delaware.
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§ 1716. Special provision applicable to the City of Dover, Delaware. (a) Any ordinance, resolution, or other law enacted by the City of Dover, Delaware under the provisions of this chapter may not pledge the full faith and credit of the City of Dover towards the payment of any bo…
22 Del. C. § 1801. Definitions.
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§ 1801. Definitions. In this chapter, the following terms have the meanings indicated. (1) “Bonds” or “bond” means a special obligation bond, revenue bond, note or other similar instrument issued by any municipality in accordance with this section. (2) “Cost” includes the cost of…
22 Del. C. § 1802. Special taxes authorized; purpose; requirements and restrictions.
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§ 1802. Special taxes authorized; purpose; requirements and restrictions. (a) (1) For any purpose stated in paragraph (b)(1) or (b)(2) of this section, any municipality may: a. Create a special development district; b. Levy ad valorem or special taxes; and c. Issue bonds and othe…
22 Del. C. § 1803. Authority granted; section self-executing.
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§ 1803. Authority granted; section self-executing. (a) In addition to other powers any municipality may have, and notwithstanding the provisions of any other public local law, or public general law, or the charter of any municipality, a municipality may borrow money by issuing an…
22 Del. C. § 1804. Bond payable from special fund; complementary powers of governing body; proceeds.
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§ 1804. Bond payable from special fund; complementary powers of governing body; proceeds. (a) Bonds shall be payable from the special fund required under § 1805 of this title. (b) If the governing body of the municipality issues bonds under this chapter, the governing body may al…
22 Del. C. § 1805. Special fund.
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§ 1805. Special fund. (a) By resolution, the governing body of the municipality may: (1) Designate by resolution an area or areas within the municipality as a special development district even though no bonds authorized by this chapter have been issued by the municipality with re…
22 Del. C. § 1806. When no bonds or other obligations outstanding.
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§ 1806. When no bonds or other obligations outstanding. (a) When no bonds are outstanding, the municipality may use money in the special fund for payment or reimbursement of debt service on other obligation that the municipality is obligated to pay under an agreement described in…
22 Del. C. § 1807. Adoption of ordinance to implement authority.
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§ 1807. Adoption of ordinance to implement authority. (a) In order to implement the authority conferred upon it by this chapter to issue bonds, the governing body of the municipality shall adopt an ordinance that: (1) Specifies and describes the proposed undertaking and states th…
22 Del. C. § 1808. Taxation of bonds.
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§ 1808. Taxation of bonds. The principal amount of the bonds, the interest payable on the bonds, their transfer and any income derived from the transfer, including any profit made in the sale or transfer of the bonds, shall be exempt from taxation by the State and by the counties…
22 Del. C. § 1809. Bond form; signatures; maturity; manner of sale.
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§ 1809. Bond form; signatures; maturity; manner of sale. (a) All bonds shall be in fully registered form. — Each of the bonds shall be deemed to be a security as defined in § 8-102 of Title 6, whether or not it is either 1 of a class or series or by its terms is divisible into a …
22 Del. C. § 1810. Bonds issued are securities.
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§ 1810. Bonds issued are securities. Bonds issued under this chapter are securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, state banks and trust companies, national banking associations, savings banks, …
22 Del. C. § 1811. Powers granted are supplemental to other laws.
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§ 1811. Powers granted are supplemental to other laws. The powers granted under this chapter shall be regarded as supplemental and additional to powers conferred by other laws, and may not be regarded as in derogation of any powers now existing.74 Del. Laws, c. 145, § 2;
22 Del. C. § 1812. Construction of chapter.
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§ 1812. Construction of chapter. This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose stated in § 1802(b) of this title.74 Del. Laws, c. 145, § 2;
22 Del. C. § 1813. Special taxes on real property as alternative to ad valorem taxes.
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§ 1813. Special taxes on real property as alternative to ad valorem taxes. (a) As an alternative to levying ad valorem taxes under this chapter, the governing body of the municipality may levy special taxes on real property in a special development district to cover the cost of i…
22 Del. C. § 1814. Bonds not to constitute general obligation debt.
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§ 1814. Bonds not to constitute general obligation debt. Bonds issued under this chapter are a special obligation of the municipality and may not constitute a general obligation debt of the municipality, or a pledge of the municipality’s full faith and credit or taxing power.74 D…
22 Del. C. § 1815. Special development district consistency with certified comprehensive plan.
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§ 1815. Special development district consistency with certified comprehensive plan. The use of lands in a special development district shall be consistent with the comprehensive plan for the area as certified pursuant to § 9103(f) of Title 29.74 Del. Laws, c. 145, § 2;
22 Del. C. § 1816. Limitation on ad valorem or special taxes within a special development district.
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§ 1816. Limitation on ad valorem or special taxes within a special development district. The levy of an ad valorem or special tax pursuant to § 1802(a) or § 1813(a) of this title shall not be applicable to and shall not be imposed on special betterments property as defined in § 8…
22 Del. C. § 1817. Special provision applicable to the City of Dover, Delaware.
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§ 1817. Special provision applicable to the City of Dover, Delaware. Notwithstanding § 1807(c)(2) of this title, before the City of Dover may establish a special development district under this chapter, all of the owners of real property in the proposed special development distri…
22 Del. C. § 2001. Limitation of municipal taxing powers [For application of this section, see 79 Del. Laws, c. 382, § 2 and 80 Del. Laws, c. 140, § 3].
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§ 2001. Limitation of municipal taxing powers [For application of this section, see 79 Del. Laws, c. 382, § 2 and 80 Del. Laws, c. 140, § 3]. (a) Every municipal corporation in this State, regardless of population, shall only have the power to impose, levy, assess, or collect a t…