Title 9, Counties

§ 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…

§ 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…

§ 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 (a) (1) [Repealed.]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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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;

§ 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. …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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;

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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.;

§ 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) …

§ 1162. Adoption of pay plans. (a) All persons employed by the County or by any of its boards, whether as officers or otherwise, and paid either in part or in whole from appropriations made by the County Council, except those whose compensation is fixed by state law, shall be com…

§ 1163. Creation of debt. (a) (1) The County Council shall exercise all power vested in the Levy Court of New Castle County prior to January 3, 1967, in connection with the creation of debt, and in addition, shall have the power to authorize the issuance of bonds of New Castle Co…

§ 1164. Councilmanic districts. The boundaries of the 7 councilmanic districts shall be as follows: DISTRICT 1 The boundaries of the first councilmanic district shall comprise all that portion of the City of Wilmington, Christiana Hundred and New Castle Hundred bounded by a line …

§ 1165. Redistricting after each census. (a) It shall be the mandatory duty of the County Council to redistrict New Castle County into council districts after each regular United States decennial census. For the general election in 2002 the County Council shall redistrict the cou…

§ 1166. Election of County Executive and officials of the county governing body. (a) County Executives shall serve a term of 4 years and shall be elected in even-numbered and presidential election years. (b) The officials elected to district 13 shall serve a term of 4 years and s…

§ 1167. Creation of departments and agencies. The County Council, by ordinance, may establish departments, offices or agencies of the County in addition to those created by this title and may prescribe the functions of all departments, offices and agencies, except that no functio…

§ 1168. Vesting of slum clearance and housing authorities’ powers in county departments. All of the powers of a slum clearance and redevelopment authority which now or hereafter shall be authorized under Chapter 45 of Title 31 and all of the powers of a housing authority which ar…

§ 1169. Initial council meeting. Except in the case of an emergency declared by the Governor, the county governing body shall not meet between the general election day and the following Tuesday when the newly elected officials shall take office.70 Del. Laws, c. 568, § 3;

§ 1181. Bonding of officers and employees. (a) Prior to the entry of any officers of the County upon the duties of their offices, the Office of Law shall procure at the expense of the County, corporate surety bonds, conditioned for the faithful performance of their respective dut…

§ 1182. Personal financial interest. (a) Any county officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the County or in the sale of any land, material, supplies or services t…

§ 1183. Prohibitions and penalties. (a) The following prohibitions apply: (1) A person may not be appointed to, or removed from, or in any way favored or discriminated against with respect to, any county position, or appointive county administrative office, because of race, or co…

§ 1184. Public right of inspection of public records. (a) County records, the disclosure of which would invade a person’s right of privacy, hinder law enforcement, endanger the public safety, or breach a legally recognized duty of confidence, or the nondisclosure of which is lega…

§ 1301. Functions. The Department of Land Use, managed by the general manager of the department, who shall be qualified by education, experience and training, shall perform the following functions unless otherwise provided: (1) The Department shall administer and enforce all stat…