CHAPTER 762
AN ACT TO AMEND TITLE 9, DELAWARE CODE, BY PROVIDING FOR A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 70, RELATING TO THE REORGANIZATION OF THE GOVERNMENT OF SUSSEX COUNTY AND AMENDING AND REPEALING EXISTING LAWS PERTAINING THERETO.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Title 9, Delaware Code, is hereby amended by adding a new chapter thereto to be designated as Chapter 70 to read as follows:
CHAPTER 70. COUNTY COUNCIL AND
COUNTY ADMINISTRATORS
§ 7001. Powers of the Government of Sussex County
a. General Powers
The Government of Sussex County, as established by this chapter, shall assume and have all powers which, under the Constitution of the State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute; including, but not limited to, any powers conferred prior to the effective date of this act by the General Assembly upon Sussex County, or upon the Levy Court of Sussex County, or upon the Levy Court Commissioners of Sussex County, or upon the officers or employees of Sussex County, or upon counties generally, or upon Levy Court Commissioners generally, or upon County Councils generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in Sussex County subject to assessment by the County. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies.
b. Construction
The powers of Sussex County under this reorganization law shall be construed liberally in favor of the County, and specific mention of particular powers in the reorganization law shall not be construed as limiting in any way the general powers stated in a. above.
c. Intergovernmental Relations
The Government of Sussex County may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof.
d. Exercise of Powers
All powers of the government of Sussex 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 County Council of Sussex County.
§ 7002. County Council
a. Number and Term
The County Council shall consist of five members. Unless otherwise provided by law, councilmen shall serve a term of four years, or until their successors have been elected and take office. A Councilman shall take office on the First Tuesday in January following his election.
b. Qualifications
Councilmen 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 least one year prior to their election. The County Council shall be the judge of the qualifications of its members.
. Prohibitions
Except where authorized by law, no councilman shall hold any other County or State office or employment by the County or State government during the term for which he was elected to the County Council. No former councilman shall hold any compensated appointed county office or employment until one year after the expiration of the term for which he was elected to the County Council.
d. Salary
The annual salary of each Councilman shall be $4,800 until changed by ordinance, except that no increase shall be effective during the current term of the members enacting such ordinance and no change shall be made during the final 6 month of the term of any member. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office.
. Officers of County Council
The County Council shall elect annually at its first regular meeting in January, among its members, officers of the County Council who shall have the titles of President of the County Council and Vice-President of the County Council. The President of the County Council shall preside at meetings of the Council and shall be recognized as head of the County government for all necessary purposes. The Vice-President of the County Council shall act as the President of the County Council during the absence or disability of the President.
a. Powers of County Council
All 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 duties and obligations imposed on the County by law.
b. Vacancies
The office of a Councilman shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office in a manner set forth below.
The office of a Councilman shall be deemed to have been forfeited should the incumbent at any time during his term of office: (1) lack qualifications for the office prescribed by this act or other law of the State; (2) remove his residence from the District from which he was elected; (3) violates any express prohibitions of this title; or (4) be convicted of a crime involving moral turpitude.
When a vacancy occurs in the office of Councilman, the County Council shall certify that a vacancy exists. The vacancy shall be filled for the unexpired term by a majority vote of all the remaining members of the County Council. They shall appoint a qualified person to fill the vacancy for the unexpired term from the District where the vacancy occurred; provided that every vacancy shall be filled by a person of the same political party as that of the person whose unexpired term is being filled.
If the County Council fails to fill a vacancy within thirty (30) days after the occurrence thereof, the Department of Elections shall call a special election in the District where the vacancy occurred; said election shall be for the unexpired term and shall be held within ninety (90) days from the commencement of the vacancy.
h. Clerk of County Council
The County Council shall appoint and fix the salary of a Clerk of County Council who shall keep the journal of its proceedings, and perform such other duties as are assigned to him by this title or by the County Council. The County Council may provide for employees to serve in the office of the Clerk of County Council.
. Investigations
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 the production of pertinent evidence of any kind. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the County Council shall be guilty of a misdemeanor and punishable in accordance with a schedule of fines and imprisonment established by the County Council.
a. Independent Audit
The Council shall provide for an independent annual audit of all County accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or any of its officers. The council may, without requiring competitive bids designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than 30 clays after beginning of such fiscal year.
k. Procedure
The County Council shall meet regularly on a weekly basis. The place and dates of such meetings shall be established by the County Council as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on the call of the President of the County Council or of a majority of the members of the County Council in accordance with rules adopted as a part of the rules of procedure of the County Council.
The County Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings which shall be a public record.
Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. A majority of all members of the County Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the County Council. No action of the County Council, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence of a majority of all of the members of the County Council.
1. Actions Required by Ordinance
All actions of the County Council which shall have the force of law shall be by ordinance.
m. Ordinances Generally
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 revisions of the County Code shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The County of Sussex hereby ordains". Any ordinance which repeals or amends an existing ordinance or part of the County Code shall set out in full that part of the ordinance, sections or subsections to be repealed or amended, and shall indicate the matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
An ordinance may be introduced by any member at any regular or special meeting of the County Council. Upon introduction of any ordinance, the Clerk of County Council shall distribute a copy to each Councilman and to the County administrator; shall file a reasonable number of copies in the office of the Clerk of County Council and such other public places as the County Council may designate; shall, in all county newspapers, publish in bold type the ordinance or the title thereof together with a notice setting out the time and place for a public hearing thereon by the County Council; and shall produce a sufficient number of copies thereof to meet reasonable demands therefor by interested citizens and others who may be affected by such ordinance. The public hearing shall follow the publication by at least three (3) weeks, may be held separately or in connection with a regular or special County Council meeting and may be adjourned from time to time, and all persons interested shall have a reasonable opportunity to be heard. The County Council may make rules governing the holding of public hearings. After the public hearing the County Council may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance which is not embraced within the title of the ordinance, the County Council may not adopt it until the ordinance or its amended sections have been subjected to all of the procedures hereinbefore required in the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the Clerk of County Council shall number the ordinance and have it, or its title, published again, together with a notice of its adoption.
Except as otherwise provided in this title, every adopted ordinance shall become effective immediately unless the ordinance itself stipulates a different date.
n. Consideration and Adoption of the Annual Operating Budget Ordinance
The County Council, upon receipt of the proposed operating budget from the County Administrator, shall immediately publish a notice in all newspapers of general circulation in the County, setting forth:
1. A summary of the estimated revenues and expenditures.
2. The details of recommended new sources of revenue or increased rates of existing taxes, licenses, fees, or other revenue.
3. That copies of the budget are available at the office of the Clerk of County Council.
4. The date, time, and place at which the County Council will commence its public hearings upon the proposed budget, which shall be not less than 21 days after the date of publication of such notice.
The County Council, upon conclusion of its public hearings but not later than the first day of June, shall adopt the operating budget ordinance in the form submitted by the County Administrator unless the County Council shall have established additional general classes of expenditures for purposes of appropriation. The County Council may increase, decrease, or delete any item of appropriation recommended by the County Administrator. Upon concurrence of its members, the County Council may add new items of appropriation.
Amendments to the annual operating budget ordinance shall be considered and approved by the County Council under the same procedures prescribed for its original adoption, but no amendment shall increase the aggregate of authorized expenditures to an amount greater than the total of the appropriation made at the time of the adoption of the original budget.
o. 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, review or extend a franchise, or authorize the borrowing of money except to issue emergency notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective immediately upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
p. Budgets of Revenues
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 sufficient revenue which, together with any available surplus, will balance the budget.
Revenues shall be estimated only upon the bases of the cash receipts anticipated for the fiscal year.
The estimated yield from each item of revenue and of the amounts of surplus to be used in the balancing of the budget shall be provided to the County Council by the County Administrator. However, nothing in this paragraph shall exempt these proposed revenue measures from being proposed in accordance with subsection m, herein, which is entitled Ordinances Generally.
q. Official Map of the County
There is established an official map of Sussex County. The County Administrator shall be the maker and custodian of such map. The map shall show the location and lines of the public roads, easements, water courses and public lands within the County presently existing of established by law at the time of the preparation and setting up of the map by the County Administrator, and which shall also show the location of the lines of the roads, easements, water courses and public lands on plots which have been approved by the County Council.
The Planning and Zoning Commission of Sussex County shall review the official map or any amendment, extension or addition thereto. After public hearing the Commission shall submit the official map or such amendment, extension or addition thereto along with its comments, to the County Council. The County Council shall not be bound by the report of the Commission and the County Council may add, change or delete any portions of the proposed map, amendments, extension or addition thereto as it sees fit. If the official map, or amendment, extension or addition thereto shall pertain to the road system of or any road in Sussex County, the official map and any amendment, extension or addition thereto shall also be submitted to the State Highway Department for its review and recommendation prior to adoption by the County Council. If adopted by the County Council, the map shall be recorded in the Recorder's office within thirty (30) days after such action.
The County Council may, from time to time, amend, extend, add to or remove from the official map all roads established or vacated by law, provided that the same review process of the proposed action for amendment, extension or addition of the official map indicated in this section shall be followed.
r. Authentication, Recording, Codification and Printing of Ordinances
The Clerk of County Council shall authenticate by his signature and record in full, in a properly indexed book kept for that purpose, all ordinances and resolutions adopted by the County Council.
Within five (5) years after the commencement of the system of government provided herein, and at least every five (5) years thereafter, the County Council shall provide for the preparation of the general codification of all County ordinances having the force and effect of continuing law. The general codification shall be adopted by the County Council by ordinance and shall be published promptly in bound or loose-leaf form, together with pertinent provisions of the Constitution and other laws of the State of Delaware applicable to Sussex County, and such codes of technical regulations and other rules and regulations as the County Council may specify. This compilation shall be known and cited officially as the Sussex County Code. Copies of the County Code shall be distributed as directed by the County Council.
The County Council shall cause each ordinance having the force and effect of law and each amendment to state law affecting the County to be reproduced promptly following its adoption; and the reproduced ordinances, and the amendments to State law shall be distributed or sold to any person at reasonable prices to be fixed by the County Council. Subsequent to the publication of the first Sussex County Code, the ordinances and the amendments to State law shall be printed or reproduced in substantially the same style as the County Code currently in effect and shall be suitable in form for integration therein. The County Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the Constitution and other laws of the State of Delaware or the codes of technical regulations included in the County Code.
s. Adoption of Pay Plans
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 compensated only in accordance with pay plans adopted by the County Council.
Promptly upon receipt from the County Administrator of any recommendation of measures for the establishment or amendment of a pay plan or portions thereof for persons in the classified service, the President of the County Council may introduce an ordinance for the adoption of such recommendations. Not later than 60 days after receipt of such recommendations, the County Council shall adopt or reject them as submitted or adopt them in such amended form as the County Council may provide.
t. Creation of Debt
The County Council shall exercise all powers heretofore vested in the Levy Court of Sussex County in connection with the creation of debt; provided, however, that the County Council shall not have authority to create or to authorize the creation of any long-term debt for the following purposes:
1. The payment of any operating expense.
2. The payment of any judgment resulting from the failure of the County to pay any item of operating expenses.
3. The payment for any equipment or any public improvements of a normal life of less than ten years.
The foregoing limitations shall not apply should the County Council unanimously declare the existence of an emergency due to a public calamity.
Bond issues may be authorized by ordinance of the County Council approved by not less than a four-fifths vote of all the members thereof.
Each bond issue authorization ordinance shall include a statement of the purpose or purposes of the issue; if the purpose is to finance one or more capital projects, it shall describe each of them sufficiently for purposes of identification. The ordinance shall state the amounts to be used for each of the projects comprehended. The ordinance also shall include the amount of the proposed issue; a statement showing that the proposed issue is within the legal limitation on the indebtedness of the County; the probable useful life of the project or average probable useful life of the projects to be financed; the date of issue; the dates of the first and last serial maturities; the dates on which the interest shall be paid; a declaration that the principal of and the interest on the proposed issue are to be paid by ad valorem taxes on real estate, tangible personal property and intangible property subject to taxation by the County without limitation of rate or amount; and in addition, upon such other intangible property as may be subject to taxation by the County within limitations prescribed by law, except for self-liquidating bonds; and that the full faith and credit of the County are pledged to such payment. The ordinances shall also recite the procedure for the public sale of the proposed issue and shall contain such other matters relating to the authorization, issuance, or sale of the issue as the County Council shall deem desirable.
The outstanding general obligation bonded indebtedness of Sussex County secured by the full faith and credit pledge of the County may not exceed 12 per centum of the assessed valuation of the property subject to taxation within the County. The outstanding bonded indebtedness of the County secured solely by revenues arising from service charges or special assessments are without limitations as to amounts.
The County Council may, subject to such limitations as may be imposed by the Constitution or laws of the State of Delaware, borrow in any fiscal year in the anticipation of the collection of taxes or other revenue budgeted for.
u. Districts
There shall be five Councilmanic districts. Districts 1, 2, 3, 4, and 5 are established as follows:
1st Councilmanic District
The 1st Councilmanic District shall comprise: Beginning at the intersection of the westerly boundary of Delaware with Maryland at its intersection with the center line of State Route 404; thence southeasterly along the center line of State Route 404 to its intersection with the center line of County Road 582; thence northeasterly along the center line of County Road 582 to its intersection with the center line of County Road 583; thence southerly along the center line of County Road 583 to its intersection with the center line of County Road 584; thence southeasterly along the center line of County Road 584 to its intersection with the center line of County Road 600; thence northeasterly along the center line of County Road 600 to its intersection with the center line of Nanticoke Branch; thence generally southerly along the center line of Nanticoke Branch to its intersection with the center line of County Road 40; thence westerly along the center line of County Road 40 to its intersection with the corporate limits of the Town of Bridgeville, thence northerly, westerly and southerly along the corporate limits of the Town of Bridgeville to its intersection with the center line of State Route 18; thence southwesterly along the center line of State Route 18 to its intersection with the center line of County Road 18; thence southeasterly and northeasterly along the center line of County Road 18 to its intersection with the center line of U.S. 13; thence southerly along the center line of U.S. 13 to its intersection with the center line of County Road 64; thence westerly along the center line of County Road 64 to its intersection with the center line of State Route 13; thence northerly along the center line of State Route 13 to its intersection with the center line of County Road 515; thence westerly and northerly along the center line of County Road 515 to its intersection with the center line of County Road 509; thence southwesterly along the center line of County Road 509 to its intersection with the center line of County Road 514; thence northerly along the center line of County Road 514 to its intersection with the center line of State Route 24; thence westerly along the center line of State Route 24 to its intersection with the center line of the Delaware-Maryland boundary; thence northerly along the center line of the Delaware-Maryland boundary to the point and place of beginning.
2nd Councilmanic District
The 2nd Councilmanic District shall comprise: Beginning at the intersection of the westerly boundary of Delaware with Maryland at its intersection with the center line of State Route 404; thence southeasterly along the center line of State Route 404 to its intersection with the center line of County Road 582; thence northeasterly along the center line of County Road 582 to its intersection with the center line of County Road 583; thence southerly along the center line of County Road 583 to its intersection with the center line of County Road 584; thence southeasterly along the center line of County Road 584 to its intersection with the center line of County Road 600; thence northeasterly along the center line of County Road 600 to its intersection with the center line of Nanticoke Branch; thence generally southerly along the center line of Nanticoke Branch to its intersection with the center line of County Road 40; thence westerly along the center line of County Road 40 to its intersection with the corporate limits of the Town of Bridgeville, thence northerly, westerly, and southerly along the corporate limits of the Town of Bridgeville to its intersection with the center line of State Route 18; thence southeasterly and northeasterly along the center line of State Route 18 to its intersection with the center line of State Route 404; thence southeasterly along the center line of State Route 404 and State Route 18 to its intersection with the westerly branch of Gravelly Fork; thence southerly along the center Iine of the westerly branch of Gravelly Fork to its intersection with the center line of Gravelly Fork; thence northeasterly along the center line of the easterly branch of Gravelly Fork to its intersection with the center line of State Route 18; thence southeasterly along the center line of State Route 18 to its intersection with the center line of County Road 527; thence southerly along the center line of County Road 527 to its intersection with the center line of County Road 516; thence southerly along the center line of County Road 516 to its intersection with the center line of County Road 46; thence easterly along the center line of County Road 46 to its intersection with the center line of County Road 04; thence southeasterly along the center line of County Road 524 to its intersection with the center line of State Route 20; thence southeasterly, northeasterly and southeasterly along the center line of State Route 20 to its intersection with the center line of County Road 473; thence northeasterly, southeasterly and northeasterly along the center line of County Road 473 to its intersection with the center line of State Route 20; thence southeasterly along the center line of State Route 20 to its intersection with the boundary line between Nanticoke Hundred and Dagsboro Hundred; thence northerly along the center line of the boundary line of Nanticoke Hundred crossing County Road 62 to its intersection with the boundary line of Georgetown Hundred and Dagsboro Hundred; thence in an easterly direction along the boundary line between Nanticoke Hundred and Dagsboro Hundred to the point where Eli Walls' Ditch crosses County Road 318 which said point also marks a dividing line between Georgetown Hundred and Dagsboro Hundred; thence in a southeasterly direction along the center line of Eli Walls' Ditch to its intersection with the center line of Morris Mill Pond; thence northeasterly along the center line of Morris Mill Pond to its intersection with the center line of Deep Branch; thence northerly along the center line of Deep Branch to its intersection with the center line of State Route 30; thence northeasterly along the center line of Morris Mill Pond to its intersection with the center line of Deep Branch; thence northeasterly along the center line of Deep Branch to its intersection with the center line of State Route 30; thence northerly along the center line of State Route 30 to its intersection with the center line of County Road 47; thence northwesterly along the center line of County Road 47 to its intersection with the center line of County Road 321; thence northerly along the center line of County Road 321 to its intersection with the center line of State Route 18; thence easterly along the center line of State Route 18 to its intersection with the center line of County Road 249; thence northeasterly along the center line of County Road 249 to its intersection with the center line of County Road 248; thence northerly along the center line of County Road 248 to its intersection with the center line of County Road 319; thence southwesterly along the center line of County Road 319 to its intersection with the center line of County Road 565; thence westerly along the center line of County Road 565 to its intersection with the center line of County Road 239; thence northerly along the center line of County Road 239 to its intersection with the center line of County Road 238; thence southwesterly along the center line of County Road 238 to its intersection with the center line of County Road 579; thence westerly along the center line of County Road 579 to its intersection with the center line of the western boundary of the Penn Central Railroad right-of-way; thence northerly along the center line of the western boundary of the Penn Central Railroad right-of-way to its intersection with the northern boundary of the Ellendale State Forest; thence in a westerly direction along the center line of the northern boundary of the Ellendale State Forest to its intersection with the center line of County Road 213; thence in a northerly direction along the center line of County Road 213 to its intersection with the center line of the boundary line between Kent and Sussex Counties; thence westerly and southerly along the boundary between Kent and Sussex Counties to its intersection with the center line of the boundary of Delaware and Maryland; thence southerly along the boundary between Delaware and Maryland to the point and place of beginning.
3rd Councilmanic District
The 3rd Councilmanic District shall comprise: Beginning at the intersection of the boundary line between Kent and Sussex Counties and the Delaware Bay; thence in a westerly direction along the center line of the boundary line between Kent and Sussex Counties to its intersection with the center line of County Road 213; thence in a southerly direction along the center line of County Road 213 to its intersection with the center line of the northwest corner of Ellendale State Forest; thence in an easterly direction along the center line of the northern boundary of the Ellendale State Forest to its intersection with the center line of the westerly right-of-way of the Penn Central Railroad; thence southerly along the center line of the western boundary of the Penn Central. Railroad to its intersection with the center line of County Road 579; thence easterly along the center line of County Road 579 to its intersection with the center line of County Road 238; thence northeasterly along the center line of County Road 238 to its intersection with the center line of County Road 239; thence southerly along the center line of County Road 239 to its intersection with the center line of County Road 565; thence easterly along the center line of County Road 565 to its intersection with the center line of County Road 319; thence northeasterly along the center line of County Road 319 to its intersection with the center line of County Road 248; thence southerly along the center line of County Road 248 to its intersection with the center line of County Road 249; thence southwesterly along the center line of County Road 249 to its intersection with the center line of State Route 18; thence westerly along the center line of State Route 18 to its intersection with the center line of County Road 321; thence southerly along the center line of County Road 321 to its intersection with the center line of County Road 47; thence southeasterly along the center line of County Road 47; to its intersection with the center line of State Road 30; thence northerly along the center line of State Road 30 to its intersection with the boundary line between Georgetown Hundred and Indian River Hundred; thence easterly along the center line of the boundary line between Georgetown Hundred and Indian River Hundred to its intersection with the center line of State Road 5 where it intersects the westerly branch of Love Creek; thence in an easterly and southerly direction along the center line of the westerly branch of Love Creek to its intersection with the center line of Love Creek; thence southerly along the center line of Love Creek to its intersection with the center line of State Road 24; thence northeasterly along the center line of State Road 24 to its intersection with the center line of State Road 14; thence northerly along the center line of State Road 14 to its intersection with the center line of County Road 268; thence northeasterly along the center line of County Road 268 to its intersection with the center line of County Road 269; thence in an easterly direction along the center line of County Road 269 (extended) to its intersection with the center line of the boundary between Delaware and New Jersey; thence in a northerly direction along the center of the boundary between Delaware and New Jersey to its intersection with the center line of the boundary between Kent and Sussex Counties (extended); thence in a westerly direction along the center line of the boundary between Kent and Sussex Counties (extended) to the point and place of beginning.
4th Councilmanic District
The 4th Councilmanic District shall comprise: Beginning at the intersection of the center line of the boundary between Delaware and New Jersey with the center line of County Road 269 (extended); thence westerly along the center line of County Road 269 (extended) to its intersection with the center line of County Road 268 and County Road 269; thence southwesterly along the center line of County Road 268 to its intersection with the center line of State Road 14; thence southerly along the center line of State Road 14 to its intersection with the center line of State Road 24; thence southwesterly along the center line of State Road 24 to its intersection with the center line of Love Creek; thence northerly along the center line of Love Creek to its intersection with the center line of the westerly branch of Love Creek; thence westerly and northerly along the center line of the westerly branch of Love Creek to its intersection with the center line of the boundary line between Georgetown Hundred and Indian River Hundred at State Route 5; thence southwesterly along the center line of the boundary line between Georgetown Hundred and Indian River Hundred to its intersection with the center line of State Route 30; thence southerly along the center line of State Route 30 to its intersection with the center line of Deep Branch; thence southwesterly along the center line of Deep Branch to its intersection with the center line of Morris Millpond; thence southerly along the center line of Morris Millpond to its intersection with the center line of Cow Bridge Branch; thence southerly along the center line of Cow Bridge Branch to its intersection with the center line of Morris Mill Pond; thence southerly along the center line of Morris Mill Pond to its intersection with the center line of Indian River; thence southeasterly along the center line of Indian River to its intersection with the center line of Indian River Bay at its mouth opposite Oak Orchard; thence southeasterly from said point to the intersection of the center line of Pepper Creek at its mouth; thence southwesterly along the center line of Pepper Creek to its intersection with the center line of Vines Creek at its mouth; thence southerly along the center line of Vines Creek to its intersection with the center line of State Route 26; thence westerly along the center line of State Route 26 to its intersection with the line of County Road 340; thence southerly along the center line of County Road 340 to its intersection with the center line of County Road 382; northwesterly along the center line of County Road 382 to its intersection with the center line of County Road 355; thence southwesterly along the center line of County Road 355 to its intersection with the center line of County Road 356; thence northwesterly along the center line of County Road 356 and County Road 356 (extended) to its intersection with the center line of County Road 406; thence southwesterly along the center line of County Road 406 to its intersection with the center line of County Road 402; thence westerly along the center line of County Road 402 to its intersection with the center line of State Route 26; thence westerly along the center line of State Route 26 to its intersection with the center line of County Road 413A; thence southerly along the center line of County Road 413A to its intersection with the center line of the easterly branch of Pocomoke River; thence easterly and southerly along the easterly branch of Pocomoke River to its intersection with the center line of the Pocomoke River; thence southerly along the center line of the Pocomoke River to its intersection with the center line of County Road 417; thence easterly along the center line of County Road 417 to its intersection with the center line of County Road 60; thence southwesterly along the center line of County Road 60 to its intersection with the center line of County Road 418; thence southeasterly and southerly along the center line of County Road 418 to its intersection with the Delaware-Maryland boundary; thence easterly along the center line of the Delaware-Maryland boundary to its intersection with the border between Delaware and New Jersey; thence northerly along the center line of the boundary between Delaware and New Jersey to the point and place of beginning.
5th Councilmanic District
The 5th Councilmanic District shall comprise: All those portions of Sussex County not included in Councilmanic Districts Nos. 1 to 4 inclusive.
v. Redistricting
In the event that by a redistricting of the senatorial or representative districts of Sussex County, the numbers of representative districts shall be reduced in number from six to five, then it shall be the mandatory duty of the County Council to redistrict Sussex County into five Councilmanic Districts for the election of the County Council and the boundaries of each of said districts shall coincide with the boundaries of one of the said representative districts. To accomplish the redistricting, the County Council, within three months after the reapportionment of the Sussex County Representative Districts, shall appoint five qualified voters of the County who shall comprise the Redistricting Commissioners. The Commissioners shall be appointed, one from each of the five representative districts, as they would have been reapportioned, and, they shall not be employed by the County in any other capacity. No more than three of the members shall be affiliated with the same political party. It shall be the duty of the redistricting committee to submit to the County Council a report, which shall set forth the boundaries of each councilmanic district, which shall coincide with the boundaries of a respective representative district, and shall assign to each a number from one to five, and a map thereof. The report shall be in the form of a proposed ordinance. Once filed with the Clerk of the County Council, the report shall be treated as an ordinance introduced by a member of the County Council, to be considered by them as other proposed ordinances, provided that a map and a description of the proposed districts shall be published in addition to the other requirements publication connected with enacting ordinances.
The County Council shall adopt a redistricting ordinance at least 60 days after the report of the redistricting commission has been filed with the Clerk of the County Council.
w. Election of County Councilman
In order to stagger the terms of the County Councilmen, Councilmanic Districts shall be divided into two categories; one category shall consist of Districts 1, 2, and 3, and the second category shall consist of Districts 4 and 5.
County Councilmen from Districts 1, 2, and 3 shall be elected in the general election held the first Tuesday, in November, 1972, for terms of 4 years each. Subsequently, the Councilmen from these Districts shall be elected every 4 years to serve 4 year terms.
The County Councilmen from Districts 4 and 5 shall be elected in the general election held the first Tuesday in November, 1974, for terms of 4 years. Subsequently, the Councilmen from these districts shall be elected every 4 years to serve 4 years terms.
All citizens qualified by the Constitution and laws of the State of Delaware to vote in the County and who satisfy the requirements for registration prescribed by law shall be qualified to vote for members of the County Council.
Except as otherwise provided by this chapter, the provisions of the election laws of the State of Delaware shall apply to elections held under this chapter. All elections provided for by this chapter shall be conducted by the election authorities authorized to hold elections under the election laws of the State of Delaware.
The nomination of persons to be candidates in the general elections for County Councilmen shall be governed by the election laws of the State of Delaware.
x. Creation of Department and Agencies
The County Council may by ordinance establish County departments, offices or agencies in addition to those created by this title and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this title to a particular department, office or agency may be discontinued or, unless this title specifically so provides, assigned to any other.
§ 7003. County Administrator
a. Appointment, Qualifications, Compensation
The County Council shall appoint a County Administrator by the affirmative vote of a majority of the members of the County Council, for a term, not exceeding four (4) years and fix his compensation. The County Administrator shall be appointed solely on the basis of his executive and administrative qualifications. At the time of his appointment he shall be a resident of Sussex County, and during his tenure of office, he shall at all times reside within Sussex County.
b. Removal from Office
The County Council may remove the County Administrator from office before the expiration of his term, but only in accordance with the following procedures:
1. By affirmative vote of a majority of all the members of the County Council upon adoption of a preliminary resolution which shall state the reason for the removal. A copy of the resolution shall be delivered promptly to the County Administrator.
2. Within ten days after a copy of the resolution is delivered to the County Administrator, he may file with the County Council a written request for a public hearing. This hearing shall be held at a special County Council meeting not later than thirty days after the request is filed. The County Administrator may file with the County Council a written reply not later than five days prior to the hearing. The County Administrator shall be permitted to appear in person at the hearing in lieu of a full written reply to the charges made, and present his case with witnesses as the circumstances may require.
3. The County Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all the members at any time after ten days from the date when a copy of the preliminary resolution was delivered to the administrator, if he has not requested a hearing.
c. Acting County Administrator
The County Council may designate a qualified acting county administrative officer to exercise the powers and perform the duties of County Administrator during the latter's absence or disability.
d. Powers and Duties of the County Administrator
The County Administrator shall be the chief administrative officer of the county. He shall attend the meetings of the County Council, and be responsible to the County Council for the proper administration of all the affairs of the County which the County Council has authority to control.
Under the direction of the County Council the County Administrator shall have the following powers and duties, except as otherwise provided by this act, law or governing personnel regulations:
1. He shall appoint and, when he deems it necessary, suspend or remove any county employees and appointive administrative officers with the exception of the Director of Finance. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.
2. He shall direct and supervise the administration of all departments, offices, and agencies of the county.
3. He shall have the right to take part in discussion at all County Council meetings but may not vote.
4. He shall see that all laws, provisions of this act, and acts of the County Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
5. He shall prepare and submit a proposed annual budget and capital program to the County Council, with his recommendations and shall execute the budget as finally adopted.
6. He shall make reports, at least once monthly, to the County Council in regard to matters of administration, and keep the County Council fully advised as to the financial condition of the county government.
7. He shall submit to the County Council and make available to, the public a complete report on the finances and administrative activities of the county within 60 days after the end of each fiscal year.
8. He shall familiarize himself in detail with the affairs of all officers, departments, board, and agencies and make recommendations and reports to the County Council at such times as the Council may direct. The County Administrator may order an audit of any office or agency at any time by the independent auditor engaged by the County Council.
9. He shall perform such other duties as are specified in this act or as may be required by the County Council.
§ 7004. Department of Finance
a. Department of Finance, General
There shall be a Department of Finance under the direction of the County Administrator which shall be responsible for the administration of the budgeting, accounting, purchasing, treasury, and other financial affairs of Sussex County.
b. Director of Finance
The Director of Finance shall be the head of the Department of Finance. The County Council shall appoint the Director of Finance and fix his compensation.
c. Functions
The Department of Finance, headed by the Director of Finance shall perform the following functions:
1. Assess all property subject to taxation by the county and maintain appropriate records;
2. Prepare tax rolls and bills, including those required by any municipality or school district or special district lying within or partially within the county of taxes so authorized by law or such districts;
3. Collect all taxes, license and permit fees, and other moneys due to or receivable by the county, or any of its offices, departments, or boards; provided that the Director of Finance may, by rule, authorize the receipt of moneys directly by offices, departments, boards or agencies, or may assign employees of departments to make such collections;
4. Collect when directed by or authorized by law, all taxes, license and permit fees, and other moneys which may be receivable by the State, or by other public office, department, or board not subject to the provisions of this title;
5. Institute proceedings for the sale of taxable property upon which taxes are not paid within the period prescribed by law;
0. Prepare necessary assessment rolls for all assessable public improvements, issue appropriate bills, assist in the issuance and serving of indebtedness in connection with such assessable improvements, and be responsible for the collection, custody, and payment of all moneys in connection therewith;
1. Issue receipts for moneys collected by the Department:
8. Maintain the treasury of the County, and deposit all moneys belonging thereto or in the custody thereof in any depository banks to the credit of the County;
9. Invest idle funds not reasonably required to be maintained on a demand basis in obligations of the United States or such other obligations or in such manner as recommended by the County Administrator and authorized by the County Council. Investment of county funds shall be in accordance with the provisions of General State Law and of the ordinances of the County Council governing such investments.
All interest on investments and moneys so earned from these idle funds shall accrue only to the benefit of the County of Sussex.
10. Administer the retirement systems of the county, after having taken into account the advice of the County Retirement Advisory Board. An annual report with full accountability of all invested funds, if any, shall be made to members of such pension or retirement systems;
11. Assist in the issuance of all general and special bonds or other evidence of indebtedness of the county and service such debt in accordance with the law and terms of indenture relating thereto.
12. Make disbursements and payments of claims which it finds to be in the correct amount and justly clue only in accordance with prior authorization adopted under the terms of this title or other State law.
13. Prepare payrolls and supervise the preparation of related documents.
14. Prepare and issue all checks signed by the President of, the County Council, or the County Administrator if so designated by the County Council, and countersigned by the Director of Finance.
15. Keep accurate and complete accounts of all receipts and disbursements.
16. Provide information pertaining to the financial affairs of the County.
17. Provide for the procurement of all materials, supplies, equipment, and contractual services, except that the Director of Finance with the approval of the County Administrator, may designate other offices or departments to perform such portions of these functions as the Director of Finance may from time to time deem proper.
In the procurement of services or supplies in excess of $1,000 or as otherwise limited by the County Council by ordinance, award of contracts may be made only after public advertisement of proposals for bids in at least two newspapers, one of which must have a general circulation in the county, for at least once a week for a period of not less than two weeks. The Director of Finance shall receive and publicly open all bids at the time advertised, tabulate them, determine the lowest and best responsible bidder, or reject all bids if he deems it proper and necessary to protect the interest of the county, and recommend to the County Administrator what future action should be taken should all bids be refused. The Director of Finance may require of such bidder or bidders security for the faithful performance of the contract.
18. Have authority to make transfers of supplies, material, or equipment between offices and departments; sell any surplus supplies, materials, or equipment and to make such other sales as may be authorized by the County Council; establish suitable specifications or standards for all supplies, material, and equipment in accordance with approved purchasing procedures; inspect all deliveries to determine compliance with such specifications and standards; maintain and supervise warehouses and storehouses for equipment, material, and supplies; furnish supplies, materials, equipment, or contractual services to any department or office only upon receipt of a properly approved requisition.
19. The Director of Finance shall maintain a correct inventory of all fixed assets of the County.
20. The Director of Finance shall perform such other duties as may be imposed on him by the County Administrator, by State law or by direction of the County Council.
d. Sworn Information
The Director of Finance may require from any officer or employee of the County, or any claimant, such sworn information as may be necessary for the proper performance of the functions of the Department.
e. Board of Assessment Review
The Board of Assessment Review shall consist of five (5) freeholders of the County, not more than three of whom shall be from the same political party, who shall be appointed by the County Council for five year terms, provided that the terms of the original members shall be established in a manner that one shall expire each year. One member of the Board shall be appointed from each councilmanic district; however, he shall not forfeit his office by virtue of lack of continued residence in the district from which appointed if this potential disqualification shall arise solely from a change in the boundaries of a councilmanic district as a result of redistricting required by this title.
f. Duties of Board of Assessment Review The Board shall:
1. Hear appeals from any property owner who alleges that his property has been improperly assessed for purposes of taxation.
2. Following the hearing of any property owner, and, in the light of the facts produced at such hearing, the Board shall determine whether the assessment is correct. Should the Board find that the assessment is incorrect, the Board shall order the Director of Finance to correct the assessment and the Director shall thereupon correct the assessment to the adjusted amount established by the Board.
3. Review the methods by which the Director of Finance has established the assessments and the results thereof as reflected by the assessment roll. Should the Board find that the procedures used by the Director of Finance require improvement in order to make more equitable and effective the assessment procedure, the Board shall make such recommendations as it deems proper to the County Administrator and file a copy thereof with the Clerk of the County Council.
g. Compensation of Board of Assessment Review
The members of the Board shall receive such per diem compensation for days that the Board is in session as the County Council shall determine.
h. Judicial Review
Nothing herein shall be construed as limiting the right of a property owner to appeal to the courts in connection with the assessment of his property for taxation as provided by law.
. General Provisions Relating to Assessment, Levy, Billing, and Collection of Taxes
It is the intent of this subchapter that in Sussex County, the Department of Finance shall perform all of the functions heretofore assigned to the Board of Assessment, the Receiver of Taxes and the County Treasurer, the Comptroller, and the Collector of Delinquent Taxes under the Delaware Law, except for the functions herein specifically assigned to the Board of Assessment Review.
a. Assessment of Property
In the performance of the functions relating to the assessment of property, the Department of Finance shall exercise the assessment functions heretofore assigned to the Board of Assessment. To this end, not later than February 15 of each year, the Department of Finance shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year. The Department shall determine the form of the assessment roll and shall not be bound by provisions of law heretofore in effect as to form. During the month of March, the Board of Assessment Review shall sit for not less than 15 days during which it shall review the assessment roll, hear appeals from property owners who believe that their property is improperly assessed, and make determinations of corrections or additions to the assessment roll that may be necessary.
Not later than April of each year, the Board of Assessment Review shall certify to the Department of Finance a true and correct assessment roll for the year. Not later than May of each year, the Director of Finance shall certify to the County Council the total value of all property in the County and the total value of all property which has been assessed and is subject to taxation.
The Department of Finance shall determine by rule, the form, number of copies, and other details concerning the keeping of records relating to assessment of real property and improvements thereupon. The Department of Finance shall develop a suitable system for the identification of all real property within the County, both that which is subject to taxation and that which is exempt from taxation. Such system shall be in a form which readily permits the subdivision of property or the reassembly of property without loss of control thereof for purposes of assessment.
k. Obligations and Rights of Property Owners
The adoption of this act shall in no manner relieve any property owner of any obligation theretofore imposed upon him with respect to the rendition of assessment of any property or the payment of any tax, nor shall it in any manner increase the responsibilities of such property owner, nor deny him of any right heretofore possessed except to the extent specifically provided in this subchapter.
1. Collection of Taxes
The Department of Finance shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection vested prior to the enactment of this act in the Receiver of Taxes and County Treasurer. To this end, the Department of Finance shall be entitled to the use of and shall be responsible for the application of all processes of law available prior to the enactment of this act to the Receiver of Taxes and County Treasurer, provided that the Department shall not be required to make any routine reports to the County Council concerning the collection of taxes other than a monthly statement in appropriate summary form and the annual report.
m. Records of Tax Delinquencies
The Department of Finance shall maintain a suitable record of the payment or nonpayment of taxes with respect to each parcel of real property in the County. Not later than 60 days after the close of each fiscal year, the Department shall prepare a summary of the outstanding taxes which have been levied and not collected for each of the preceding two years or for such longer period as the County Council shall prescribe. Such summary shall be fully supported by detailed records of delinquent taxes.
n. Collection of Taxes Other Than Those Upon Real Estate
The Department of Finance shall perform all responsibilities heretofore assigned to any office, department or board of Sussex County in the assessment and collection and enforcement of capitation taxes and any other taxes heretofore levied in Sussex County.
§ 7005. Department of Law
a. Functions
There shall be a Department of Law, headed by a County Attorney which shall perform the following functions:
1. Provide legal advice to the County Council, County Administrator, and all County departments, boards, offices and agencies.
0. Represent the County in all legal proceedings.
1. Perform any other duties prescribed by the title or by ordinance of the County Council.
b. Appointment
The County Attorney shall be appointed by the County Council. The County Attorney shall serve at the pleasure of the County Council.
c. Assistant County Attorneys
The County Council shall appoint such Assistant County Attorneys as may be necessary from time to time. The Assistant County Attorneys shall serve at the pleasure of the County Council.
d. Compensation
The annual salary of the County Attorney and each assistant County Attorney shall be determined by the County Council.
e. Other Employees
The County Council may provide for such employees as may be necessary to perform the functions required by this title. Such employees shall serve at the pleasure of the County Attorney.
§ 7006. Personnel System
a. Personnel System
The County Administrator is responsible for administering the personnel system of Sussex County.
All appointments and promotions of County officers and employees under the direction of the County Administrator shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.
b. Personnel Board
There shall be a personnel board consisting of three (3) members appointed by the County Council for terms of three years from among the qualified voters of the county. Members of the Board shall hold no other county office. The County Administrator shall provide necessary staff assistance for the personnel board.
c. Personnel Rules
The County Administrator shall prepare personnel rules and amendments thereto. He shall refer such proposed rules to the personnel board which shall report to the administrator its recommendations thereon. When approved by the administrator, the rules shall be proposed to the County Council, and the County Council may by ordinance adopt them with or without amendment. These rules shall provide for:
1. The classification of all county positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position, whenever warranted by changed circumstances.
2. A pay plan for all county positions.
3. Methods for determining the merit and fitness of candidates for appointment or promotion.
4. The policies and procedures regulating reduction in force and removal of employees.
5. The hours of work, attendance regulations and provisions for sick and vacation leave.
6. The policies and procedures governing persons holding provisional appointments.
7. The policies and procedures governing relationships with employee organizations.
8. Grievance procedures, including procedures for the hearing of grievances by the personnel board, which may render advisory opinions based on its findings to the County Administrator with a copy to the aggrieved employee, and
9. Other practices and procedures necessary to the administration of the county personnel system.
10. Employment or dismissal of county employees shall be subject to the approval of the County Council, in its discretion.
§ 7007. County Advisory Retirement Board
There shall be an Advisory Retirement Board for the County which shall consist of five members. Three of the members shall be appointed by the County Council for terms of four years and two of the members shall be elected by the members of the County Employees Pension Plan for terms of four years. The members of the Board shall serve without compensation.
a. Duties of Advisory Retirement Board The Advisory Retirement Board shall:
1. Review each application for benefits under the retirement system and render an opinion thereon to the Director of Finance as to whether the applicant is qualified for the benefits sought in the application.
2. From time to time, make such recommendations to the County Council regarding proposed changes in the retirement system and the administration of provisions of the retirement system as the Board shall deem appropriate.
Section 2. Chapter 3, Title 9, Delaware Code, is amended as follows:
A. §302 is amended by striking from subsection (a) the words, "There shall be a Levy Court in Kent and Sussex Counties, each of which...", and inserting in lieu thereof the words, "There shall be a Levy Court in Kent County which shall consist of not less than three members."
B. §302 is further amended by adding thereto new subsections (e) and (f), to read as follows:
(e) The Levy Court of Sussex County and the offices of the Levy Court Commissioner of Sussex County, including the offices of the incumbents, are abolished as of the first Tuesday in January following the election of the first County Councilman as provided for in Chapter 70 of this Title. No election for the office of Levy Court Commissioner of Sussex County shall take place at the general election in which the first County Councilmen are elected as provided for in Section 7002 of this Title.
(f) The Levy Court Commissioners of Sussex County whose terms of office would not have expired at the time of the effective date of this act but for the provisions of this act, shall become County Councilman (at large) and each shall serve as a County Councilman, with all the powers, duties and emoluments of that office, until the expiration of the term for which he was originally elected to the office of Levy Court Commissioner i.e., until the first Tuesday in January, 1973, in the case of the Commissioner who took office in January, 1967. In the case of the death or resignation of the said incumbent members, or their successors, prior to the expiration of the terms aforesaid, the Governor shall appoint some suitable person of the same political party having the qualifications previously required of a Levy Court Commissioner, pursuant to the provisions of §9, Article III, of the Constitution of this State.
C. §305 is hereby repealed.
D. §306, 307, 308, 309(b), 309(c), 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 341, 342, 344, 372, 373, and 374 insofar as they refer to or contemplate a Levy Court of Sussex County or a Levy Court Commissioner of Sussex County are amended to the extent that they shall henceforth only refer to or contemplate a Levy Court or a Levy Court Commissioner in Kent County.
E. §306 is further amended by adding thereto a new subsection (d) which shall read as follows:
(d) No officer or employee of the Sussex County government shall hold more than one position of County office or employment from which he derives compensation.
F. §345 (a) is amended by striking the words "the Levy Court of Sussex County" and by inserting in lieu thereof the words, "the County Council of Sussex County".
G. §345 (b) is amended by striking the words..." and in Sussex County such capitation tax shall in no case exceed the sum of $1.25 nor be less than $1.00,..." and in Sussex County such capitation tax shall in no case exceed the sum of $10.00, nor be less than the sum of $3.00,...". §345 (b), as amended, will therefore read as follows:
(b) in Kent County such capitation tax shall in no case exceed the sum of $5.00, nor be less than $1.00, and in Sussex County, such capitation tax shall exceed the sum of $10.00, nor be less than $3.00, and shall be uniform throughout the County in which the same is levied and assessed.
H. §349 is amended by striking the words, "the Levy Courts of the several counties, or the County Council of New Castle County," in the first sentence thereof and by inserting in lieu thereof the words, "the Levy Court of Kent County, or the County Councils of New Castle County and Sussex County."
. §343, 347 (a), and 350 are amended by striking from the first sentence of each section the words, "the Levy Courts of the several counties", and inserting in lieu thereof, "the Levy Court of Kent County and County Councils of New Castle County and Sussex County."
A. §346 is amended by striking the words from the first sentence thereof, "the Levy Court of each of the counties, or the County Council of New Castle County" and inserting in lieu thereof, the words "the Levy Court of Kent County, or the County Councils of New Castle County and Sussex County".
. §347 (b) is amended by striking from the first sentence thereof, "the respective Levy Courts, and the County Council of New Castle County", and inserting in lieu thereof the words "the Levy Court of Kent County and the County Councils of New Castle County and Sussex County," this subsection is further amended by striking from the second sentence of that subsection the words, "the respective Levy Courts and the County Council of New Castle County," and inserting in lieu thereof the words, "the Levy Court of Kent County and the County Councils of New Castle County and Sussex county,...".
L. §348 is amended by striking from the first sentence thereof the words "the Levy Court of each county, or the County Council of New Castle County," and inserting in lieu thereof the words "the Levy Court of Kent County, or the County Councils of New Castle County and Sussex County."
M. §350 is amended by striking the words "the Levy Courts of the several counties, or the County Council of New Castle County," and inserting in lieu thereof the words "the Levy Court of Kent County, or the County Councils of New Castle County and Sussex County."
N. §351 (a) and (b) are amended by striking from the first sentence of each section the words, "the Levy Courts or the New Castle County Government," and inserting in lieu thereof the words, "the Levy Court of Kent County, or the New Castle County or Sussex County Governments."
0. §352 is amended by designating the existing language of §352 as subparagraph (a) of said section and adding thereto a second section, to be designated as subsection (b) which will read as follows:
(b) Any reference to County Council in subsection (a) shall be deemed to include the County Councils of both New Castle County and Sussex County.
P. §371 is amended by adding thereto a new subsection (d) to read as follows:
(d) any reference in this section to "County Councilman" or County Council, shall be deemed to include the County Councilman and County Councils of both New Castle County and Sussex County.
Q. §379 is amended to read as follows:
§379. Legal Proceedings
All suits, actions or proceedings brought by the Levy Court of Kent County, in and about the administration of the government of its County, shall be in the name of the Levy Court of Kent County. All such suits, actions or proceedings brought by the government of New Castle County or the government of Sussex County shall be brought in the name of the County in which such suit, action or proceedings arise.
Section 3. Chapter 5, Title 9 of the Delaware Code, is amended as follows:
A. The words or "County Council" wherever they may appear in Chapter 5 shall be deemed to include the County Councils of both New Castle County and Sussex County.
B. §501 is amended by adding the following definitions:
(4) "County Council" shall mean the County of New Castle County or Sussex County, as the case may be.
(5) All references to "Receiver of Taxes" and "County Treasurer" and "Board of Assessment" shall be construed to mean the "Department of Finance" insofar as New Castle County or Sussex County is concerned.
Section 4. Chapter 6, Title 9 of the Delaware Code, is amended as follows:
A. §602 is amended by adding the following paragraph to the definitions "County Council" means the County Council of Sussex County.
B. All references to "Levy Court" wherever they appear in this chapter shall be construed to read "Levy Court or County Council".
Section 5. Chapter 61, Title 9, Delaware Code, is amended as follows:
A. §6101 (1) is amended to read as follows:
(1) The words "Sussex County Government" or words of similar import, means the government of Sussex County as established in Chapter 70 of this Title.
B. §6111 is amended as follows:
(1) By striking the words "Levy Court" in subsection (a),
and by inserting in lieu thereof the words, "County Council".
C. §6112 is amended by striking from the first sentence the words, "the Levy Court", and inserting in lieu thereof the words, "the County Council". The second sentence is amended by striking the words "the Levy Court of Sussex County", and inserting in lieu thereof the words, "the Sussex County Council".
D. §6113 is amended by striking from the first sentence the words, "Levy Court", and inserting in lieu thereof, "County Council".
E. §6114 is repealed.
F. §6115 is repealed.
G. §6166 is repealed.
H. §6131 is amended by striking the words, "Levy Court", and inserting in lieu thereof the words, "County Council".
. §6131 is amended by striking therefrom the words, "Levy Court", and inserting in lieu thereof, wherever they appear in said section or subsection, the words, "County Council".
A. §6134 is amended by striking the words, "Levy Court", and inserting in lieu thereof, the words, "County Council".
B. §6151 is amended by striking the words, "Levy Court", wherever they appear and inserting in lieu thereof the words, "County Council".
Section 6. Chapter 61, Title 9, Delaware Code, is amended as follows:
A. §6301 (a) is repealed.
B. All references to "Sussex County Board of Assessment", or "Board", wherever such word or phrase may appear in Chapter 63, shall be construed to mean, "Department of Finance".
C. §6311 is repealed.
Section 7. Chapter 64, Title 9, Delaware Code, is amended as follows:
A. All references in Chapter 64 to the "Levy Court" shall be construed to refer to and mean the Sussex County Council.
B. All references in Sub-Chapter 64 to "Receiver of Taxes and County Treasurer" shall be construed to mean the "Department of Finance".
Section 8. Chapter 65, Title 9, Delaware Code, is amended as follows:
A. All references in Chapter 65 to "Levy Court" shall be construed to mean "County Council".
B. All references to "Clerk of the Peace" shall be construed to mean "Clerk of the County Council".
Section 9. Chapter 66, Title 9, Delaware Code, is amended as follows:
A. All references in Chapter 66 to "Levy Court" shall be construed to mean "County Council".
Section 10. Chapter 67, Title 9, Delaware Code, is amended as follows:
A. All references to "Levy Court" shall be construed to mean "County Council".
Section 11. Chapter 68, Title 9, Delaware Code, is amended as follows:
A. §6801 (e) is amended by striking the definition therein stated and inserting in lieu thereof, the following subsection:
§6801 (e) "County Council" means "County Council of Sussex County".
B. All references in Chapter 68 to "Levy Court" shall be construed to mean "County Council".
Section 12. Chapter 69, Title 9, Delaware Code, is amended as follows:
All references in Chapter 69, to "Levy Court" shall be construed to mean "County Council".
Section 13. Chapter 80, Title 9, Delaware Code, is amended as follows:
A. §8001 is amended to read as follows: §8001. Budget of estimated expenditures
(a) The Levy Court of Sussex County shall, after due inquiry and investigation, prepare and adopt a budget or estimate of the amount of money which will be required by the County during the next fiscal year to discharge demands upon the County both those which have accrued and those for which it is deemed expedient to make provision.
B. The government of New Castle County shall prepare and adopt the budget as provided in Chapter II of this Title.
C. The government of Sussex County shall prepare and adopt the budget as provided for in Chapter 70 of this Title.
D. In New Castle County, the budget shall be adopted not later than the first day of June, in each year and in Kent and Sussex Counties not later than the 30th day of April in each year.
§8002 (a) is amended to read as follows:
§8002. Tax Rate
(a) As soon as convenient as possible after the budget has been adopted, the Levy Court of Kent County or the County Council of New Castle County or the County Council of Sussex County shall fix the County Tax Rate based upon the most recent assessment made by the Board of Assessment or the Department of Finance for New Castle County and Sussex County. The County Tax Rate shall be stated in terms of a certain rate on every $100.00 of assessed evaluation. Subject to the limitations of subsection (b) of this Section, the County Tax Rate shall be such as will produce sufficient tax revenues to meet the budget requirement of the County for all purposes other than those that are not to be paid for out of the general County Tax Revenues. The County Tax Rate shall not include special assessments, tax specially levied to pay principal of and interest on bonds, or taxes levied for the benefit of local districts established in accordance with statutes authorizing such special taxation.
(b) The tax rate for Kent County shall not exceed the sum of $.50 on each $100.00 of assessed evaluation; except that, until June 30, 1966, the Tax Rate for Kent County may exceed 50 cents, but it shall not exceed 65 cents on each $100.00 of assessed evaluation.
E. §8003 is amended to read as follows:
§8003. Levy of County Tax: How and When
(a) As soon as the County Tax Rate has been fixed by the Levy Court of Kent County, the County Council of New Castle County, or the County Council of Sussex County shall levy the County Tax for the next fiscal year according to such tax rate applied to the most recent assessment list of the Board of Assessment or the Department of Finance for the County.
(b) The Levy Court of Kent County or the County Councils of New Castle County or Sussex County shall levy the County tax not later than the following dates: In New Castle County, June 1st; in Kent County, June 30; and in Sussex County, the last Tuesday in April.
F. §8004 is amended to read as follows:
§8004. Duplicate Assessment lists; delivery to Receiver of Taxes and County Treasurer
Promptly after levying the County tax, the Levy Court of Kent County shall deliver to the Receiver of Taxes and County Treasurer, for his use in collecting the taxes, the duplicate assessment list as prepared and furnished to the Levy Court by the Board of Assessment.
G. §8005 is amended by striking the words "The Levy Courts of Kent and Sussex Counties" and by inserting in lieu thereof the words, "The Levy Court of Kent County".
Section 20. Chapter 8, Title 9, Delaware Code, is amended by repealing §8203 and §8205 (3).
Section 21. Chapter 83, Title 9, Delaware Code, is amended as follows:
A. §8301 is amended by striking the words "each Board of Assessment" and by inserting in lieu thereof the words "the Board of Assessment of Kent County", and by further striking the word "Boards", wherever it appears in said section and by inserting in lieu thereof the word "Board".
B. §8301 is further amended by adding the following sentence: The procedure in Sussex County shall be as provided for in Chapter 70 of this Title.
C. §8304 is amended by striking from subsection (b) the words, "and in the case of Sussex County, the statements required by this section shall be according to representative districts."
D. §8306 is amended by striking from the first sentence thereof the word "each", and inserting in lieu thereof the word "Kent".
E. §8312 (c) is repealed.
F. §8314 is amended by striking the words "Sussex Counties", and inserting in lieu of the word "Counties" the word "County".
G. §8314 is further amended by adding, after the words, "Board of Assessment Review of New Castle County", the words, "or Sussex County".
H. §8315 (a) is amended in the second sentence by adding, after the words, "New Castle County", the words, "or Sussex County".
. §8315 (b) is amended to read as follows: "The certification in Kent County shall be by May 1".
A. §8316 is amended by striking from the second paragraph the words, "and, in Sussex County, by May 1".
B. §8318 is amended by striking therefrom the last sentence and by inserting in lieu thereof the following sentence: "The powers granted in this section may be exercised by the Department of Finance in New Castle County, and the Department of Finance in Sussex County."
C. §8323 is amended by adding, after the words "Department of Finance," the words, "of New Castle and Sussex Counties".
D. §8326 is amended by adding a new sentence to read as follows: "In Sussex County, the Department of Finance shall ascertain and report to the County Council the number of persons liable to capitation tax."
N. §8328 is amended by adding, at the end of the first sentence thereof, the phrase "and Sussex County." In the second sentence of §8328 the words, "and Sussex County" shall be added after the words, "New Castle County", wherever they appear.
Section 22. Chapter 84, Title 9, Delaware Code, is amended as follows:
A. §8401 (a) is amended by striking the words "and Sussex Counties" in the first sentence of that subsection, and inserting in lieu thereof the word, "County". The second sentence of that subsection is amended by striking from the first phrase the words, "Sussex Counties", and inserting in lieu thereof the word "County".
B. §8401 (b) is amended by striking the first sentence thereof.
C. §8401 (c) is repealed.
D. §8402 (a) is amended by striking the words, "or Sussex County."
E. §8402 (c) is amended by striking the words, "or Sussex County."
F. §8405 (3) is repealed.
G. §8406 (a) (3) is repealed.
H. Subchapter 11 is repealed in its entirety insofar as it relates to Sussex County.
Section 23. Chapter 86, Title 9, Delaware Code, is amended as follows:
A. All references in §8602, §8603, §8605, §8615 and §8616 shall hereafter be deemed to apply to the Directors of Finance of both New Castle and Sussex Counties.
Section 24. Chapter 87, Title 9, Delaware Code, is amended as follows:
A. §8704 is amended by striking the words in the first sentence, "and Sussex County", and inserting in lieu thereof the words, "the Department of Finance of Sussex County".
B. §8705 (b) is amended by striking the words, "or Sussex County", and inserting thereof the words, "Sussex County Council".
C. §8706 is amended by adding after the words, "County Treasurer," as such words appear in the first sentence of said section the words "of Sussex County".
D. §8710 (a) is amended by adding after the words in the first sentence, "County Treasurer", the words, "Director of Finance".
E. §8710 (a) is further amended by adding the following sentence to the end of that section: In Sussex County, the action should be brought in the name of "Director of Finance for Sussex County".
F. §8711 is amended by adding the words, "New Castle County and Sussex County," after the words, "Department of Finance," wherever those words appear in the said section.
G. Subchapter IV of Chapter 87 is amended by adding the words, "Director of Finance", after the words, "Receiver of Taxes and County Treasurer", wherever they appear in said Subchapter.
Section 25. Chapter 91, Title 9, Delaware Code, is amended as follows:
A. By striking the words "Levy Court of Sussex County," wherever they appear and substitute in lieu thereof the words, "Sussex County Council".
B. By striking the words, "Receiver of Taxes and County Treasurer" whenever they apply to Sussex County alone, and substituting in lieu thereof the words, "Department of Finance".
Section 26. Chapter 92, Title 9, Delaware Code, is amended as follows:
A. §9203 (b) is repealed.
B. A new section is added to read as follows:
§9207. The provisions of this Chapter shall not apply to
Sussex County. In Sussex County the provisions of Subchapter of Chapter 70 of this Title shall apply.
Section 27. Chapter 93, Title 9, Delaware Code, shall be amended as follows:
A. By adding the following new section: 1.
§9312. Construction
In the construction of the provisions of this Chapter, the powers and duties assigned to the Comptroller shall not be applicable to Sussex County and to such extent are repealed. This section shall take effect at the expiration of the term of the person presently holding the office of the Comptroller of Sussex County. Prior to the expiration of that term, the County Comptroller shall continue to hold office and perform, under the direction and control of the Department of Finance, the functions assigned to him by law prior to the enactment of this statute.
Section 29. Chapter 95, Title 9, Delaware Code, is amended as follows:
A. By adding a new section which shall read as follows:
§9533. Any reference in this chapter to "County Council" shall be deemed to include the County Councils of both New Castle and Sussex Counties.
Section 30. Chapter 96, Title 9, Delaware Code, is amended as follows:
A. By adding a new section which shall read as follows:
(1) §9622. Any reference to "Department of Finance" shall be deemed to mean and include the Departments of Finance of New Castle and Sussex Counties.
Section 31. Title 10, Delaware Code, is amended as follows:
All references in Title 10 to the County Council or "Department of Finance shall include and mean the County Councils and Departments of Finance of both New Castle and Sussex Counties when such sections of Title 10 shall refer to Sussex County".
A. §2302 (2) is amended by inserting the words "or County Council" after the words "Levy Court" wherever they appear.
B. §2503 (2) is amended by inserting the words "or County Council" after the words "Levy Court" wherever they appear.
Section 32. Title 11, Delaware Code, is amended as follows:
A. The words, "County Council" or "Department of Finance" shall be deemed to mean the County Councils and Departments of Finance of both New Castle and Sussex Counties whenever such reference is applicable to Sussex County.
Section 33. Title 15, Delaware Code, is amended as follows:
A. Any reference to "County Council" in Title 15 shall be deemed to include the County Councils of New Castle County and Sussex County whenever any such section in Title 15 shall refer to Sussex County.
B. §5705 (b) is amended by adding at the end therein the following:
"County Councilman of Sussex County, one for each Councilman".
C. §5706 (a) in its reference, "of County Councilman," shall be deemed to include and refer to Sussex County in the form of certificate for elections in Sussex County.
D. §5706 (b) is amended by striking the said paragraph reading:
"In case of Levy Court Commissioners for Sussex County, was duly elected Levy Court Commissioner for said County," and inserting in lieu thereof the following;
"In case of County Councilmen for Sussex County, _______ was duly elected councilman for the _______________ Councilmanic District in Sussex County; and so on, giving a certificate for each Councilman elected in each councilmanic district in Sussex County."
E. §5708 in its reference to "County Councilman" shall be deemed to apply to either New Castle or Sussex County as the case may be.
Section 34. Title 16 of the Delaware Code, is amended as follows:
A. All references in Title 16 to "County Council" shall be deemed to apply to New Castle and Sussex Counties, whenever such section shall apply to Sussex County.
§3112 (b) Title 20, Delaware Code, is amended by striking the words "of each county" in the first sentence thereof and substituting in lieu thereof the words "of Kent County", and adding, following the new words, "of Kent County," the words "Sussex County Council".
Section 35. §1303 (e) Title 25, Delaware Code, in its reference to "County Council" shall be deemed to include the County Councils of both New Castle County and Sussex County.
Section 36. Title 31, Delaware Code, is amended as follows:
Any reference in the Delaware Code or in any other law of this State to the office of the Receiver of Taxes and County Treasurer of Sussex County or the collector of delinquent county taxes in Sussex County or the County Comptroller of Sussex County which is not specifically referred to in this act shall be construed to mean the Department of Finance of Sussex County.
Section 37. Any reference in the Delaware Code or any other law of this State to the Levy Court of Sussex County or to the Levy Court Commissioners of Sussex County which is not specifically referred to in this act shall be construed to mean the County Government of Sussex County as created by Sections 1 and 2 of this act.
Section 38. As far as the Constitution of the State permits, this act shall occupy the entire field of County self-government for Sussex County and all laws relating to or affecting Sussex County, its agencies, officials or employees and all county ordinances, resolutions, orders and regulations which are in force when this act becomes fully effective or repealed to the extent that they are inconsistent with or interfere with the effective operation of this act or ordinances or resolutions adopted by the County under the provisions of this act. All lawful obligations to Sussex County existing on the effective date of this act and all fines, taxes, penalties, forfeitures, obligations and rights due, owing or accruing to the County of Sussex and all writs, prosecutions, actions and proceedings by or against the County of Sussex shall continue and remain unaffected by the adoption of this act. All prosecutions instituted prior to the effective date of this act and all offenses committed prior thereto may be prosecuted as theretofore.
Section 39. If any provision of this act is held invalid, the other provisions of this act shall not be affected thereby. If the application of this act or any of its provisions to any person or circumstance is held invalid, the application of the act and its provisions to the other persons or circumstances shall not be effected thereby.
Section 40. All officers, departments, boards, commissions and committees, including all bureaus, divisions, sections, units or other organizational units heretofore performing functions in respect to the government of the County of Sussex are hereby abolished except those required to be continued by the provisions of the Constitution of the State of Delaware.
Section 41. If a County Department office or agency is abolished by this act, the powers and duties given it by law shall be transferred to the County Department office or agency designated in this act, or if this act makes no provision as designated by the Sussex County Council.
Section 42. All property, records and equipment of any department, office or agency of Sussex County existing when this act is adopted shall be transferred to the department, office or agency assuming its powers and duties. In the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or board designated by the County Council.
Section 43. All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this act and each case shall be maintained, carried on or dealt with by the county department, office or board appropriate under the provisions of this act.
Section 44. At the time of its adoption this act shall be in effect to the extent necessary in order that the first election of the members of the County Council may be conducted in accordance with the provisions of this act. The first election shall be held at the next general election after November, 1970, which follows the enactment of this act. The effective date of this act insofar as it relates to the Receiver of Taxes and County Treasurer shall be the date on which the term of the present Receiver of Taxes and County Treasurer expires, or on the occasion of his death or removal of office for cause, whichever situation may first occur. The effective date of the balance of the act shall be January 1, 1971.
Approved July 23, 1970.