Title 22, Municipalities

§ 508. Acquisition of lands; cost financing by municipality. The authority may acquire by purchase or eminent domain proceedings either the fee or such rights, title, interest or easement in such lands as the authority deems necessary for any of the purposes mentioned in this cha…

§ 509. Moneys; examination of accounts. All moneys of any authority, from whatever source derived, shall be paid to the treasurer of the authority. The moneys shall be deposited in the first instance by the treasurer in 1 or more banks or trust companies in 1 or more special acco…

§ 510. Contracts; competitive bidding. (a) The procurement of material and the award of contracts for construction, repairs or work of any nature made by any authority shall be subject to Chapter 69 of Title 29. (b) No member of the Board of the Wilmington Parking Authority shall…

§ 511. Rules and regulations. The use of the facilities of the authority and the operation of its business shall be subject to the rules and regulations from time to time adopted by the authority. The authority shall not do anything which will impair the security of the holders o…

§ 512. Continuation of powers. The State hereby pledges to and agrees with any person, firm or corporation or federal agency subscribing to or acquiring the bonds to be issued by the authority for the construction, extension, improvement or enlargement of any project or part ther…

§ 513. Termination of authority. When any authority shall have finally paid and discharged all bonds, which, together with the interest due thereon, shall have been secured by a pledge of any of the revenues or receipts of a project, it may, subject to any agreements concerning t…

§ 514. Exemption from taxation; payments in lieu of taxes. The effectuation of the authorized purposes of the authorities created under this chapter shall and will be in all respects for the benefit of the residents of incorporated cities for the increase of their commerce and pr…

§ 515. Transfer of existing facilities to authority. (a) Any municipality or owner may sell, lease, lend, grant or convey to any authority any project or any part or parts thereof or any interest in real or personal property which may be used by the authority in the construction,…

§ 516. Indemnification. (a) The Wilmington Parking Authority shall indemnify any member who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reaso…

§ 701. Establishment; membership. Any incorporated city or town may at any time establish a planning commission under this chapter. A planning commission established hereunder shall consist of not less than 5 nor more than 9 members. Such members shall in cities be appointed by t…

§ 702. Comprehensive development plan [Effective until Nov. 15, 2026]. (a) A planning commission established by any incorporated municipality under this chapter shall prepare a comprehensive plan for the city or town or portions thereof as the commission deems appropriate. It is …

§ 703. General studies and reports. The planning commission shall have full power and authority to make such investigations, maps and reports of the resources, possibilities and needs of the city or town as it deems desirable, providing the total expenditures of said commission s…

§ 704. Adoption of official map. Each incorporated city or town established under this title may, by action of its city council or town commissioners, adopt an official map prepared under the direction of such planning commission and showing the public ways and parks therein as t…

§ 705. Change of or addition to official map. An incorporated city or town so adopting an official map by action of its city council or town commissioners may, whenever and as often as it may deem it for the public interest, change or add to such map, so as to place thereon lines…

§ 706. Establishing or changing public ways and parks. This chapter shall not abridge the powers of the city council or the town commissioners of any town or any other municipal officer in regard to public ways or parks in any manner except as provided herein, nor shall they auth…

§ 707. Public way or park to be shown on official map. Upon final action by the proper authorities in laying out, altering or relocating a proper way or in discontinuing the whole or any part thereof or in establishing or enlarging a public park or closing thereof in whole or in …

§ 708. Reference of certain matters to planning commission. In a city or town having a planning commission established under this chapter, but which has not adopted an official map, no public way shall be laid out, altered, relocated or discontinued unless the proposed laying out…

§ 709. Entry upon lands; making examinations and surveys. Planning commissions established under this chapter, their officers and agents may, so far as they deem it necessary in carrying out this chapter, enter upon any lands and there make examinations and surveys and place and …

§ 710. Enforcement. The Court of Chancery shall have jurisdiction on petition of the planning commission established hereunder to enforce this chapter and any ordinance or bylaws made thereunder and may restrain by injunction violations thereof.22 Del. C. 1953, § 710; 49 Del. Law…

§ 711. Limitations on powers and liabilities. This chapter shall not be construed to authorize the taking of land nor the authorization of a city or town to lay out or construct any way which may be indicated on any plan or plot until such way has been laid out as a public way in…

§ 801. Definitions. As used in this chapter: (1) “Charter amendment” means language which will amend, adopt or repeal a municipal charter. (2) “Chief executive officer” means the mayor if such there be or, if there be none, then it means the president of the legislative body of a…

§ 802. Applicability of chapter; grant of power. Every municipal corporation in this State containing a population of at least 1,000 persons as shown by the last official federal decennial census may proceed as set forth in this chapter to amend its municipal charter and may, sub…

§ 811. Amendment of charter. The amendment of a charter shall be proposed either by a resolution of the legislative body of a municipal corporation, 3/4 of all members elected thereto concurring or by a charter commission of 7 members elected by the qualified voters of the munici…

§ 812. Publication of proposed charter, charter amendment or repeal proposition and resolution. At least 30 days before an election thereon, notice shall be given by publication in a newspaper of general circulation within the municipal corporation that copies of a proposed chart…

§ 813. Referendum. (a) Conduct of election; ballots; expenses. — On the day and during the hours specified for any referendum, the proposed charter amendment or amendments shall be submitted to the qualified voters of the municipal corporation. The official or officials thereof w…

§ 814. Each proposed amendment may be submitted for separate vote. Alternative restatements of amendments may be submitted and the one receiving the larger vote shall prevail if the amendment otherwise qualifies for adoption.22 Del. C. 1953, § 814; 53 Del. Laws, c. 260.;

§ 815. Codification of amendments. The exact text of any amendment or amendments to the charter of any municipal corporation, adopted as in this chapter specified, shall thereafter be included in any subsequent edition or codification of the charter of the municipal corporation, …

§ 820. Judicial review of election. (a) Not later than 20 days after the result of a referendum has been proclaimed by the chief executive officer of a municipal corporation, any person resident therein may seek judicial review of the election by filing a verified complaint in th…

§ 825. Termination of home rule charter status. A municipal legislative body or charter commission which proposes the termination of home rule charter status by repeal of a home rule charter shall incorporate in the proposition to be submitted to the qualified voters a specificat…

§ 830. Amendments relating to bonded indebtedness and taxing powers. (a) No municipal corporation, the charter of which imposes a limitation on the indebtedness of the municipal corporation, shall amend its charter, pursuant to this chapter, so as to permit it to raise the limita…

§ 835. Amendments prohibited. (a) This chapter shall not permit the amending of a municipal charter so as to: (1) Permit the changing of any term of any elected official until the incumbent has completed the term to which the incumbent was elected; (2) Permit any charter amendmen…

§ 836. Filing of existing charter. In order for any municipal corporation to proceed under this chapter, it shall file before June 1, 1963, with the Secretary of State and with the Director of the Legislative Reference Bureau a complete copy of its then existing charter. The copy…

§ 841. Residency requirements. Notwithstanding any charter provision, ordinance or other provision to the contrary, no municipal corporation with a population exceeding 50,000 shall require that, as a condition of continued employment, an employee with at least 5 years of service…

§ 842. School capacity application for municipal corporations. (a) (1) This section shall apply only to residential development. Prior to recording a residential subdivision plan for over 5 units in size for any lands in any municipality located in a county that utilizes voluntar…

§ 901. Authority to levy, assess and collect tax; deduction by employers. Any municipality of this State with a population in excess of 50,000 persons is hereby authorized to levy, assess and collect a tax for general revenue purposes on earned income of its residents and on any …

§ 902. Limitations. Any tax assessed within this tax shall not exceed 1.25 percent of the income of residents of such city per annum and 1.25 percent of the income of nonresidents earned within the city per annum.22 Del. C. 1953, § 902; 57 Del. Laws, c. 11; 58 Del. Laws, c. 14; 5…

§ 903. Income; definition. “Income” means the total income from whatever source earned by any resident of such city and the total income earned within such city by any nonresident of the city.22 Del. C. 1953, § 903; 57 Del. Laws, c. 11; 58 Del. Laws, c. 14.;

§ 904. Regulations. Each such municipality is authorized to promulgate and enforce such regulations as it deems necessary for the assessment, collection and enforcement of such tax.22 Del. C. 1953, § 904; 57 Del. Laws, c. 11; 58 Del. Laws, c. 14.;

§ 905. Enforcement in Superior Court. Any such municipality which adopts this chapter is, in addition to all other means of enforcement available, authorized to bring suit in the Superior Court of the county in which such city is located.22 Del. C. 1953, § 905; 57 Del. Laws, c. 1…

§ 906. Taxes due under tax adopted prior to March 30, 1971. Taxes due under any municipal user tax adopted prior to March 30, 1971, shall continue to be collected and enforced and shall not be abated.22 Del. C. 1953, § 906; 58 Del. Laws, c. 14.;

§ 907. Event tax. (a) Any municipality with a population greater than 50,000 may impose, by duly enacted ordinance, a surcharge of up to $2.50 on any admission fee of more than $10 that is charged for admission to any sporting, cultural, amusement, athletic, recreational or other…

§ 908. Lodging tax. Any municipality with a population greater than 50,000 may impose, by duly enacted ordinance, a local lodging tax of no more than 3 percent of the rent, in addition to the amount imposed by the State, for any room or rooms in a hotel, motel or tourist home, as…

§ 1001. Definitions. As used in this chapter: (1) “Income” means all income from whatever source derived including, but not limited to, realized capital gains and, in their entirety, pension, annuity, retirement and social security benefits. (2) “Income tax year” means the 12-mon…

§ 1002. Exemption to be provided for by municipal law or ordinance. Every person a resident of a municipality of this State and the owner of real property located therein who is 65 years of age or over shall be entitled, within the limitations of this chapter, to an exemption fro…

§ 1003. Application for exemption. Application for such exemption must be made by the property owner on forms to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required on such forms and shall be filed in such a…

§ 1004. Tenants in common; joint tenants; tenants by entirety; partnerships; fiduciaries; corporations. (a) Where title to property on which an exemption from municipal taxation is claimed is held by more than 1 person either as tenants in common or as joint tenants, each tenant …