Government of Kent County

Del. Code tit. 9, ch. 41
in effect

Del. Code tit. 9, § 4101 Definitions.

(a) As used in this part: (1) “County” means Kent County. (2) “County government” means the governing body of Kent County. (b) Any reference in the Delaware Code or any other law of this State to the Receiver of Taxes and County Treasurer for Kent County or the County Comptroller for Kent County shall be construed to mean the Department of Finance of Kent County as created by § 4123 of this title.

Del. Code tit. 9, § 4102 Levy Court Districts in Kent County.

(a) Kent County shall be divided into 6 Levy Court Districts, 1 additional Levy Court District is comprised of the County as a whole. (b) The Levy Court Districts are established as follows: (1) First Levy Court District. — The First Levy Court District shall comprise: All that portion of Kent County, more particularly described by reference to the general highway map of Kent County, dated 1963 (revised January 1, 1978), and Sheet A of said highway map of Kent County, dated 1963 (revised August 1, 1974), prepared by the mapping section of the Division of Highways, bounded by a line beginning at the point on the center line of the boundary between the States of Delaware and Maryland, thence in an easterly direction along the center line of the boundary between New Castle County and Kent County in an easterly direction and northeasterly direction passing U.S. Route 13 and in a northerly direction to a point where the said boundary line between Kent County and New Castle County intersects with the center line of the boundary between the States of Delaware and New Jersey, thence continuing along the center line of the Delaware and New Jersey boundary in a southeasterly direction to a point opposite the center of the mouth of the Leipsic River, thence, in a westerly direction to the mouth of the Leipsic River and, thence with the center of the Leipsic River in a westerly direction to its northern junction with Little Duck Creek in the Town of Leipsic, thence in a southerly direction along the center line of the eastern boundary line of the Town of Leipsic, thence in a westerly direction along the center line of the southern boundary of the Town of Leipsic crossing State Route 9, thence in a northerly direction along the center line of the western boundary of the Town of Leipsic to its intersection with the center of Little Duck Creek, thence with the center of Little Duck Creek in a westerly direction to its point of intersection with the center line of U.S. Route 13, thence with the center line of U.S. 13 in a southerly direction to its point of intersection with County Road 100 (Denneys Road), thence with the center line of County Road 100 (Denneys Road) in a westerly, southerly and westerly direction to its point of intersection with the center line of County Road 104 (Kenton Road), thence along the center line of County Road 104 (Kenton Road), in a southeasterly direction to its intersection with the center of Mudstone Branch, thence with the center of Mudstone Branch in a southwesterly direction and the center of a tributary to Mudstone Branch in a southerly direction (being the northerly boundary of Enumeration District 195 and the easterly boundary of Enumeration District 194 respectively as shown on the Official 1980 Census Map) to a point in the center line of County Road 158, thence with the center line of County Road 158 in a southwesterly direction to its intersection with the center line of State Route 8 where it intersects with the center line of County Road 199, thence with the center line of County Road 199 in a southwesterly and southerly direction, crossing County Road 200, to its intersection with the center line of County Road 73, thence northeasterly with the center line of County Road 73 to its intersection with the center line of County Road 204, thence with the center line of County Road 204 in a southerly direction to its intersection with the center of Issac Branch, thence with the center of Issac Branch in an easterly direction to its intersection with the center of Almshouse Branch as shown on Sheet A of the general highway map of Kent County, Delaware, dated 1963 (revised August 1, 1974), thence with the center of Almshouse Branch in a southerly direction to its intersection with the center line of County Road 52, thence with the center line of County Road 53 in a westerly direction, crossing the intersection of County Road 228, thence in a northwesterly direction to its intersection with the center line of County Road 73 at Hazlettville, thence with the center line of County Road 73 in a northeasterly direction to its intersection with the center line of County Road 101, thence with the center line of County Road 101 in a northerly direction, crossing County Road 200 and State Route 8 to its intersection with the center line of County Road 171, thence with the center line of County Road 171 in a northwesterly direction, crossing the Conrail Railroad tracks to its intersection with the center line of County Road 98 and State Route 11 at Fords Corner, thence with the center line of County Road 98 in a westerly direction to its intersection with the center line of State Route 44, thence in a northwesterly direction along the center line of State Route 44 to its intersection with the center line of State Route 300 at Everetts Corner, thence in a westerly direction along the center line of U.S. Route 300 to its intersection with the center line of the boundary between the States of Delaware and Maryland, thence in a northerly direction along the center line of the common boundary of Delaware and Maryland through the Blackiston Wildlife Area to the point where the center line of the boundary of the States of Delaware and Maryland intersects with the center line of the boundary of Kent County and New Castle County which is the point and place of beginning. (2) Second Levy Court District. — The Second Levy Court District shall comprise: All that portion of Kent County, partially lying with the City of Dover and bounded as follows: All that portion of Kent County, more particularly described by reference to the general highway map of Kent County, dated 1963 (revised January 1, 1978), and Sheet A of said highway maps of Kent County, dated 1963 (revised August 1, 1974), prepared by the mapping section of the Division of Highways, bounded by a line beginning at a point which is the center line of State Route 8 and County Road 199 and from said point and place of beginning, following the center line of County Road 199 in a southwesterly direction, crossing County Road 200 and continuing in a southerly direction, to its intersection with the center line of County Road 73, thence northeasterly along the center line of County Road 73, to its intersection with the center line of County Road 204, thence southerly along the center line of County Road 204 to its intersection with the center of Issac Branch, thence northeasterly with the center of Issac Branch to its intersection with the center of a tributary to Issac Branch known as Almshouse Branch, thence southerly with the center of Almshouse Branch to its intersection with the center line of County Road 52, thence with the center line of County Road 52 in an easterly direction to its intersection with the western boundary of the Town of Wyoming, thence following the boundaries of the Town of Wyoming in a northerly and easterly direction to its intersection with the center line of Issac Branch, thence in an easterly direction along the center line of Issac Branch, crossing its intersections with County Road 195, Conrail Railroad tracks and County Road 190 (New Burton Road), to its intersection with the center line of the boundary separating the Towns of Wyoming and Camden, thence continuing along the meanderings of Issac Branch, also being the northerly boundary of the Town of Camden, to its intersection with the center line of U.S. Route 13, thence in a southwesterly direction along the center line of U.S. Route 13 to its intersection with the center line of Delaware Route 10 (Lebanon Road), thence in an easterly direction along the center line of Delaware Route 10 (Lebanon Road), to its intersection with the center line of U.S. 113-A, thence in a northerly direction along the center line of U.S. 113-A to a point in the center of the southerly boundary of the City of Dover as of June 30, 1981, which is also a portion of Issac Branch, thence with the southern boundary of the City of Dover in an easterly direction to its point of intersection with U.S. Route 113 (Bay Road), thence with the center line of U.S. Route 113 (Bay Road), in a northerly direction to its intersection with the center line of State Route 8 (Division and Forest Streets), thence westerly along the center line of State Route 8 (Division and Forest Streets) to its intersection with the center line of County Road 156 (Saulsbury Road), thence in a northerly direction along the center line of County Road 156 (Saulsbury Road) to its intersection with the center line of County Road 156 (McKee Road) to the point of its intersection with the center line of County Road 100 (Denneys Road), thence in a southwesterly direction along the center line of County Road 100 (Denneys Road) to its point of intersection with the center line of County Road 104, thence along the center line of County Road 104 in a southeasterly direction to a point in the center of Mudstone Branch, thence with the center of Mudstone Branch in a southwesterly direction and a tributary of Mudstone Branch in a southerly direction (being the northerly boundary of Enumeration District 195 and easterly boundary of Enumeration District 194 respectively, as shown on the Official 1980 Census Map) to a point in the center line of County Road 158, thence with the center line of County Road 158 in a southwesterly direction to its intersection with State Route 8 and County Road 199 which is the point and place of beginning. (3) Third Levy Court District. — The Third Levy Court District shall comprise: All that portion of Kent County, particularly described by reference to the general highway map of Kent County, Delaware, dated 1963 (revised January 1, 1978), and Sheet A of the said highway map of Kent County dated 1963, (revised August 1, 1974), prepared by the mapping section of the Division of Highways, bounded by a line beginning with the center line of the boundary between the States of New Jersey and Delaware at a point opposite the center line of the mouth of the Leipsic River and, thence in a westerly direction to the mouth of the Leipsic River and, thence with the center of the Leipsic River in a westerly direction to its intersection with the eastern boundary of the Town of Leipsic, thence in a southerly direction along the center of the eastern boundary of the Town of Leipsic, thence in a westerly direction along the center line of the southern boundary of the Town of Leipsic crossing State Route 9, thence in a northerly direction along the center line of the western boundary of the Town of Leipsic to its intersection with the center line of Little Duck Creek, thence with the center of Little Duck Creek in a westerly direction to its point of intersection with the center line of U.S. Route 13, thence with the center line of U.S. Route 13 in a southerly direction to its point of intersection with County Road 100 (Denneys Road) thence with the center line of County Road 100 (Denneys Road) in a westerly, southerly and westerly direction to its point of intersection with the center line of County Road 156 (McKee Road), thence southeasterly along the center line of County Road 156 (McKee Road) to its intersection with the center line of County Road 156 (Saulsbury Road), thence southerly along the center line of County Road 156 (Saulsbury Road) to its intersection with the center line of State Route 8 (Forest and Division Streets), thence easterly along the center line of State Route 8 (Forest and Division Streets), to its intersection with the center line of U.S. Route 13, thence southeasterly along the center line of U.S. Route 13 to its intersection with the center line of U.S. Route 113 (Bay Road), thence in a southeasterly direction along the center line of U.S. Route 113 (Bay Road) to its intersection with lands of the United States known as Dover Air Force Base, thence along the center line of said boundary in a northeasterly, southeasterly, easterly, southeasterly, easterly, and northerly direction to a point of its intersection with the center line of County Road 348 (Horsepond Road), thence with the center line of County Road 348 (Horsepond Road) to its intersection again with lands of the United States known as Dover Air Force Base, thence along the center line of said boundary in a northerly, easterly, and southerly direction to a point of intersection with the center line of County Road 348, thence easterly with the center line of County Road 348 to its intersection with State Route 9 at Postles Corner, thence southerly with the center line of State Route 9 to its intersection with the center line of U.S. Route 113 (Bay Road), thence southerly with the center line of U.S. Route 113 (Bay Road) to its intersection with the center of St. Jones River, thence with the center of St. Jones River in a southeasterly direction to its intersection with Delaware Bay, thence in an easterly direction to the boundary between the States of New Jersey and Delaware in Delaware Bay, thence with the New Jersey-Delaware boundary in a northerly and westerly direction to the point and place of beginning. (4) Fourth Levy Court District. — The Fourth Levy Court District shall comprise: All that portion of Kent County in Little Creek, East Dover, South Murderkill and Milford Hundreds and bounded as follows: Beginning at a point on the boundary between States of New Jersey and Delaware in the Delaware Bay opposite the mouth of the Mispillion River, thence in a westerly direction to the mouth of Mispillion River, which is also on the boundary between Kent and Sussex Counties, thence with the center of the boundary line between Kent and Sussex Counties, in a westerly direction to its intersection with the center line of U.S. Route 13, thence northerly along the center line of U.S. Route 13 to its intersection with the center line of County Road 116, thence with the center line of County Road 116 in an easterly direction to its intersection with the center line of County Road 434, thence northerly and northeasterly with the center line of County Road 434 to its intersection with the center line of County Road 429, thence northerly with the center line of County Road 429 crossing the Conrail Railroad tracks and County Roads 432, 431 and 430 to its intersection with the center line of County Road 35, thence northeasterly with the center line of County Road 35 to its intersection with the center line of County Road 388, thence in a northwesterly direction along the center line of County Road 388 to its intersection with the center line of County Road 33, thence in a northwesterly direction along the center line of County Road 33, to its intersection with the center line of County Road 371, thence in a southwesterly direction along the center line of County Road 371 to its intersection with the center line of U.S. Route 13, thence in a northerly direction along the center line of U.S. Route 13 to its intersection with the center line of U.S. Route 13A, thence in a northwesterly direction along the center line of U.S. Route 13A to a point approximately 755 feet north of its intersection with the center line of County Road 370, said point being the center line of its intersection with Double Run, thence in an easterly direction along the center line of Double Run, also being the northern boundary of Enumeration District 266 as shown on the Official 1980 Census Map, to its intersection with the center line of U.S. Route 13, thence with the center line of U.S. Route 13 in a northerly direction approximately 600 feet to a point in the center line of its intersection with an unnamed tributary of Double Run, said point being approximately 3,250 feet south of its intersection with County Road 30, thence along the center line of said tributary to the center line of its intersection of Double Run which is the southerly boundary of Enumeration District 234 as it appears on the Official 1980 Census Map, thence in an easterly direction along the center line of Double Run across its intersection with County Road 105, to its intersection with the center line of an unnamed tributary to Double Run, as it appears on the Official 1980 Census Map, thence in a northerly direction along the center line of said unnamed tributary, being also a portion of the easterly boundary of Enumeration District 233 as it appears on the Official 1980 Census Map, crossing its intersection with County Road 368 and continuing in a northwesterly direction to the intersection of the center line of an unnamed road at its easternmost point as shown on the Official 1980 Census Map, thence along the center line of said unnamed road in a westerly direction to its intersection with the center line of County Road 105, thence in a northerly direction along the center line of County Road 105 to its intersection with the center line of County Road 30, thence with the center line of County Road 30 in a northeasterly direction for approximately 4,750 feet to its intersection with the center of an unnamed tributary to Voshell Pond, thence northerly and northeasterly along the meanderings of said tributary, Voshell Pond and Tidbury Creek to its intersection with the center line of County Road 357 extended at Lebanon thence with the center line of County Road 357 extended and County Road 357 in an easterly direction to its intersection with the southerly boundary of lands of the United States known as Air Base Housing, thence with the boundary of land of the United States southeasterly, northerly, southeasterly and northeasterly to its intersection with the center line of U.S. Route 113 (Bay Road) thence with the center line of U.S. Route 113 (Bay Road) in a southeasterly direction crossing its intersection with the center line of State Route 9, thence in a southerly direction to its intersection with the center of the St. Jones River, thence with the center of the St. Jones River in a southeasterly direction to its intersection with Delaware Bay at the northerly boundary of the Town of Bowers, thence in an easterly direction to the boundary between the States of New Jersey and Delaware in Delaware Bay, thence with the New Jersey-Delaware boundary in a southerly direction to the point and place of beginning. (5) Fifth Levy Court District. — The Fifth Levy Court District shall comprise: All that portion of Kent County including parts of West Dover, North Murderkill and East Dover Hundreds and bounded as follows: Beginning at a point where the center line of County Road 52 intersects with the center of Almshouse Branch, thence southerly with the center of Almshouse Branch, also being the westerly boundary of Enumeration District 260 as shown on the Official 1980 Census Map, to its intersection with the center of a tributary to Almshouse Branch, thence southeasterly along the center of said tributary to its intersection with the center line of an unnamed road, thence easterly along the center line of said unnamed road, also being the southerly boundary of Enumeration District 260, to its intersection with the center line of County Road 125 thence southerly with the center line of County Road 125 to a power line which is also the northwesterly boundary of Enumeration District 262, thence southwesterly along the Enumeration District boundary to its intersection with the center line of County Road 232, thence southeasterly along the center line of County Road 232 to the center of an unnamed branch of Tidbury Creek being also the westerly boundary of Enumeration District 262, thence southerly along the meanderings of the said branch to its intersection with the center line of County Road 236, thence westerly along the center line of County Road 236 to its intersection with the center line of County Road 235, thence southerly along the center line of County Road 235 to its intersection with the center line of County Road 109, thence southwesterly with the center line of County Road 109 to its intersection with the center line of County Road 108, thence southeasterly along the center line of County Road 108 to its intersection with the center line of County Road 239, thence southeasterly with the center line of County Road 239 to a point in the center of Hudson Branch, thence in an easterly direction along the center of Hudson Branch, also being the northern boundary of Enumeration District 269 as shown on the Official 1980 Census Map, to the center of a power line, thence southerly along the center of said power line, also being the easterly boundary of Enumeration District 269, to a point in the center line of County Road 239, thence with the center line of County Road 239 in an easterly direction to its intersection with the center line of the Conrail Railroad tracks, thence in a northerly direction along the center line of the Conrail Railroad tracks to a point in the center of Hudson Branch, thence northeasterly and easterly along the center of Hudson Branch, also being the northerly boundary of Enumeration District 268 as shown on the Official 1980 Census Map, to its intersection with the center line of U.S. Route 13, thence in a northerly direction along the center line of U.S. Route 13 to its intersection with the center line of U.S. Route 13 to its intersection with the center line of U.S. Route 13A, thence in a northwesterly direction along the center line of U.S. Route 13A to a point approximately 755 feet north of its intersection with the center line of County Road 370, said point being the center line of its intersection with Double Run, thence in an easterly direction along the center line of Double Run, also being the northern boundary of Enumeration District 266 as shown on the Official 1980 Census Map, to its intersection with the center line of U.S. Route 13, thence with the center line of U.S. Route 13 in a northerly direction approximately 600 feet to a point in the center line of its intersection with an unnamed tributary of Double Run, said point being approximately 3,250 feet south of its intersection with County Road 30, thence along the center line of said tributary to the center line of its intersection with Double Run which is the southerly boundary of Enumeration Districts 233 and 234 as they appear on the Official 1980 Census Map, thence continuing in an easterly direction along the center line of Double Run across its intersection with County Road 105, to its intersection with the center line of an unnamed tributary to Double Run, as it appears on the Official 1980 Census Map, thence in a northerly direction along the center line of said unnamed tributary being also a portion of the easterly boundary of Enumeration District 233 as it appears on the Official 1980 Census Map, crossing its intersection with County Road 368 and continuing in a northwesterly direction to the intersection of the center line of an unnamed road at its easternmost point as shown on the Official 1980 Census Map, thence along the center line of said unnamed road in a westerly direction to its intersection with the center line of County Road 105, thence in a northerly direction along the center line of County Road 105 to its intersection with the center line of County Road 30, thence with the center line of County Road 30 in a northeasterly direction for approximately 4,750 feet to its intersection with the center of an unnamed tributary to Voshell Pond, thence northerly and northeasterly along the meanderings of said tributary, Voshell Pond and Tidbury Creek to its intersection with the center line of County Road 357 extended at Lebanon, thence with the center line of County Road 357 extended and County Road 357 in an easterly direction to its intersection with the southern boundary of the lands of the United States of America, known as Air Base Housing, thence with the boundary of the lands of the United States of America, known as Air Base Housing, thence with the boundary of the lands of the United States of America southeasterly, northerly and northeasterly to its intersection with the center line of U.S. Route 113, thence with the center line of U.S. Route 113 in a southeasterly direction to its intersection with the center line of State Route 9, thence with the center line of State Route 9 in a northerly direction to its intersection with County Road 348, thence with the center line of County Road 348 to its intersection with lands of the United States of America, known as Dover Air Force Base, thence in a northerly, westerly, southerly, westerly, southerly and westerly direction with the lands of the United States to its intersection with the center line of U.S. Route 113, thence with the center line of U.S. Route 113 in a northwesterly direction to its intersection with the southerly boundary of the City of Dover as of June 30, 1981, thence southwesterly along the center line of the City of Dover boundary to a point in the center line of U.S. Route 113-A, thence in a southerly direction to a point where the center line of U.S. Route 113-A intersects with the center line of State Route 10, thence in a westerly direction along the center line of State Route 10, to its intersection with the center line of U.S. Route 13, thence in a northerly direction along the center line of U.S. Route 13 to its intersection with the center line of Issac Branch, which is also the northern boundary of the Town of Camden, thence in a westerly direction along the meanderings of Issac Branch crossing its intersection with County Road 190 (New Burton Road), Conrail Railroad tracks and County Road 195, thence continuing along the northwesterly, westerly and southwesterly boundary of the Town of Wyoming to its intersection with the center line of County Road 52, thence in a westerly direction along the center line of County Road 52, to its intersection with the center of Almshouse Branch which is the point and place of beginning. (6) Sixth Levy Court District. — The Sixth Levy Court District shall comprise: All that portion of Kent County in Mispillion, South Murderkill and North Murderkill Hundreds lying within the following boundaries: Beginning at a point on the center line of the boundary between the State and State of Maryland which intersects with the center line of the boundary between Kent County and Sussex County and continuing in an easterly direction, to the center line of U.S. Route 13, thence northerly along the center line of U.S. Route 13 to its intersection with the center line of County Road 116, thence with the center line of County Road 116, in an easterly direction to its intersection with the center line of County Road 434, thence northerly and northeasterly with the center line of County Road 434 to its intersection with the center line of County Road 429, thence northerly with the center line of County Road 429 crossing the Conrail Railroad tracks and County Roads 432, 431, 430 to its intersection with the center line of County Road 35, thence northeasterly with the center line of County Road 35 to its intersection with County Road 388, thence northwesterly to its intersection with the center line of County Road 33, thence with the center line of County Road 33 in a northwesterly direction to its intersection with the center line of County Road 371, thence in a southwesterly direction along the center line of County Road 371 to its intersection with U.S. Route 13, thence in a northerly direction with the center line of U.S. Route 13 to a point in the center of Hudson Branch, thence westerly and southwesterly along the center of Hudson Branch, also being the northerly boundary of Enumeration District 268 as shown on the Official 1980 Census Map, to its intersection with the center line of the Conrail Railroad tracks, thence southerly along the center line of the Conrail Railroad tracks to its intersection with the center line of County Road 239, thence westerly with the center line of County Road 239 to the center of a power line as shown on the Official 1980 Census Map, thence with the center of said power line in a northerly direction to its intersection with the center of Hudson Branch, thence westerly with the center of Hudson Branch, also being the northerly boundary of Enumeration District 269 as shown on the Official 1980 Census Map, to its intersection with the center line of County Road 239, thence northwesterly along the center line of County Road 239 to its intersection with the center line of County Road 108, thence northwesterly along the center line of County Road 108 to its intersection with the center line of County Road 109, thence northeasterly with the center line of County Road 109 to its intersection with the center line of County Road 235, thence northerly along the center line of County Road 235 to its intersection with the center line of County Road 236, thence easterly along the center line of County Road 236 to its intersection with the center of an unnamed branch of Tidbury Creek being also the westerly boundary of Enumeration District 262 as shown on the Official 1980 Census Map, thence northerly along the meanderings of said branch to its intersection with the center line of County Road 232, thence northwesterly along the center line of County Road 232 to a power line which is also the northwesterly boundary of Enumeration District 262 as shown on the Official 1980 Census Map, thence northeasterly along the northwesterly boundary of Enumeration District 262 to its intersection with the center line of County Road 125, thence northerly along the center line of County Road 125 to its intersection with the center line of an unnamed road, thence in a westerly direction along the center line of said unnamed road, also being the southerly boundary of Enumeration District 260 as shown on the Official 1980 Census Map, to its intersection with the center of a tributary of Almshouse Branch, thence northwesterly along the center of said tributary to its intersection with the center of Almshouse Branch, thence northerly along the center of Almshouse Branch, also being the westerly boundary of Enumeration District 260 as shown on the Official 1980 Census Map, to its intersection with the center line of County Road 52, thence westerly with the center line of County Road 52 to its intersection with the center line of County Road 73 at Hazlettville, thence in a northeasterly direction along the center line of County Road 73 to its intersection with the center line of County Road 101, thence in a northerly direction along the center line of County Road 101 crossing State Route 8 to its intersection with County Road 171, thence in a northwesterly direction along the center line of County Road 171 to its intersection with the center line of State Route 11 and the center line of County Road 98, thence southwesterly with the center line of County Road 98 crossing County Road 175 to its intersection with the center line of State Route 44, thence northwesterly with the center line of State Route 44 to its intersection with the center line of State Route 300 at Everett’s Corner, thence in a westerly direction along the center line of State Route 300 to the center line of the boundary between the State and the State of Maryland, thence in a southerly direction following the center line of the boundary between the State and the State of Maryland through the Town of Marydel and continuing in a southerly direction to the point where the said boundary intersects with the center line of the common boundary of Kent County and Sussex County, which is the point and place of beginning. (7) Seventh Levy Court District. — The boundaries of the Seventh Levy Court District shall comprise all of Kent County.

Del. Code tit. 9, § 4103 Election, qualifications and term of officials of the county governing body.

(a) In Kent County, the governing body shall consist of 7 elected officials, 1 from each of the Representative Districts as were in effect at the election of 1980, with certain minor changes in the lines so as to comply with the 1 man 1 vote requirement, as described in § 4102(b) of this title, together with 1 elected official from the County as a whole. Each such official must be a resident of the Levy Court District from which such official is elected, and must have been such for at least 1 year before such official is elected, be a citizen of the United States, be a qualified elector of the County and be elected by the qualified voters of the District. The term of office shall be for 4 years. The Levy Court commissioners elected in the election of 1980 from the old 30th, 31st and 34th Representative Districts, now the First, Third and Fifth Levy Court Districts, shall continue to serve out the unexpired portion of their terms and shall represent the 1st, 3rd and 5th Levy Court Districts until the first Tuesday in January, 1985. Levy Court commissioners for the old 32nd, 33rd and 35th Representative Districts, now the Second, Fourth and Sixth Levy Court Districts, together with the Levy Court commissioner for the County as a whole, shall be elected for 4-year terms at the election in 1982. At each subsequent election, the Levy Court commissioners elected shall serve for a 4-year term. (b) In the event that a primary election is necessary in any Levy Court District, only the qualified voters of the said Levy Court District in which such primary election is held, shall be eligible to vote in said primary. (c) The office of an elected official shall become vacant upon the elected official’s death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. The elected official’s office will be forfeited if at any time during the elected official’s term of office the elected official: (1) Lacks any qualification for the office prescribed by this chapter or other law of the State, including residence in the district from which the elected official was elected; (2) Violates any express prohibition of this title; or (3) Is convicted of a crime involving moral turpitude. (d) If the office of an elected official becomes vacant, a temporary official shall be appointed by the majority vote of the remaining body of elected officials until the special election provided for in § 303 of this title shall have been completed. The special election shall be held within 6 months of the occurring of the vacancy. The county government shall prescribe by ordinance the procedures for the special election, which procedures shall not be inconsistent with the provisions of Title 15. The Kent County Chairperson of each political party that had State ballot status at the preceding general election, or, if there is no Kent County Chairperson, the State Chairperson of that political party, shall without primary, be eligible to file with the Kent County Department of Elections the name of 1 eligible candidate for the vacant office. The President of the county government shall issue a Writ of Election to the Kent County Department of Elections, which shall conduct the special election in accordance with the county ordinance.

Del. Code tit. 9, § 4104 Salaries of elected officials of the county governing body.

(a) In Kent County each of the elected officials of the county governing body shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court. (b) The salaries of the officials shall be paid in equal semimonthly installments in Kent County by warrants according to the form prescribed by the county government. (c) Such officials shall not receive any other compensation for services performed by them, or any of them, in the office of elected official.

Del. Code tit. 9, § 4105 Redistricting required.

It shall be the mandatory duty of the Kent County Levy Court to redistrict the Kent County Levy Court Districts described at § 4102(b) of this title after each regular United States decennial census commencing with the 1990 United States decennial census. Nothing herein shall operate to change the number of Levy Court Districts established at § 4102(a) of this title.

Del. Code tit. 9, § 4106 Redistricting procedures.

(a) Whenever a changing of the boundaries of the Levy Court Districts is required by § 4105 of this title, the Levy Court shall, within 60 days after the official reporting of the federal decennial census by the President to Congress, appoint 7 electors of the County who shall comprise a Redistricting Commission. The members of the Redistricting Commission shall be appointed by the Levy Court, 1 from each of the Levy Court Districts of the County, and shall not be employed by the County in any other capacity. No more than 4 of the members shall be affiliated with the same political party. (b) Within 90 days of being appointed, the Redistricting Commission shall file with the President of the Levy Court, or the President’s designee, a report containing a recommended plan for adjusting the Levy Court District boundaries of Districts 1 through 6 to comply with the following specifications: (1) Each District shall contain contiguous territory; (2) Each District shall contain as nearly as possible the same number of inhabitants and no District shall deviate in population more than 15% from the average population for the 6 Districts, the average to be obtained by dividing the number 6 into the total population of the County according to the most recent decennial census. The 7th District shall constitute all of Kent County. (c) The report of the Redistricting Commission shall include a map and a written description of the Levy Court Districts recommended and shall be in the form of a proposed ordinance. Once filed with the President of the Levy Court, or the President’s designee, the report shall be treated as an ordinance introduced by a member of the Levy Court. (d) The procedure for the Levy Court’s consideration of the report shall be the same as for other ordinances, and the Levy Court is empowered to modify the recommended plan subject, however, to the standards set forth in subsection (b) of this section. (e) The Levy Court shall adopt a redistricting ordinance within 60 days after the report of the Redistricting Commission has been filed with the President of the Levy Court or the President’s designee. If a redistricting ordinance has not been adopted by the Levy Court within 60 days of filing the report by the Redistricting Commission, the redistricting plan as submitted by the Redistricting Commission shall become effective as if it had been adopted by the Court. (f) The Levy Court is authorized to make those adjustments to the new Levy Court boundaries approved by enactment of County Ordinance No. 91-07 which have been identified by the Kent County Department of Elections as being necessary to bring their boundaries into harmony with new House and Senate District boundaries; provided, however, that no change shall be made which would have the effect of moving the total population of any Levy Court District above or below its legally required maximum or minimum population.

Del. Code tit. 9, § 4107 Early termination of terms of office.

The term of any Levy Court Commissioner (except the commissioner representing the 7th Levy Court District which is comprised of the County as a whole) which would not otherwise terminate on the first Tuesday in January following the election of Commissioners immediately following a redistricting shall terminate on such date, if, as a result of redistricting of the Levy Court, a Commissioner is placed in the same District as another member of the Levy Court whose term does not expire at the same time, otherwise the Commissioner shall continue to represent the new District in which the Commissioner resides until the expiration of the term of office.

Del. Code tit. 9, § 4108 County Administrator.

(a) Appointment; qualifications; compensation. — The county government shall appoint a County Administrator by the affirmative vote of a majority of the members of the county government, for a term not exceeding 4 years, and fix the Administrator’s compensation. The County Administrator shall be appointed solely on the basis of the Administrator’s executive and administrative qualifications. At the time of the Administrator’s contractual starting date the Administrator must be a resident of Kent County, and, during the Administrator’s tenure of office, the Administrator shall at all times reside within Kent County. (b) Removal from office. — The county government may remove the County Administrator from office before the expiration of the Administrator’s term, but only in accordance with the following procedures: (1) By affirmative vote of a majority of all the members of the county government upon adoption of a preliminary resolution which shall state the reason for the removal. A copy of the preliminary resolution shall be delivered promptly to the County Administrator. (2) Within 10 days after a copy of the preliminary resolution is delivered to the County Administrator, the Administrator may file with the county government a written request for a public hearing. This hearing shall be held at a special county government meeting not later than 30 days after the request is filed. The County Administrator may file with the county government a written reply not later than 5 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 may present the Administrator’s case with witnesses as the circumstances may require. (3) The county government 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 10 days from the date when a copy of the preliminary resolution was delivered to the Administrator, if the Administrator has not requested a hearing. (c) Acting county administrator. — The county government may designate a qualified acting county administrative officer to exercise the powers and perform the duties of the County Administrator during the latter’s absence or disability. (d) Powers and duties. — The County Administrator is the chief administrative officer of the County. The County Administrator shall attend the meetings of the county government and be responsible to the county government for the proper administration of all the affairs of the County which the county government has authority to control. Under the direction of the county government, the County Administrator has the following powers and duties, except as otherwise provided by this chapter, law, or governing personnel regulations: (1) The County Administrator shall appoint and, when the Administrator deems it necessary, suspend or remove any county employees and appointive administrative officers with the exception of the Director of Finance. The Administrator may authorize any administrative officer who is subject to the Administrator’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency. (2) The County Administrator shall direct and supervise the administration of all departments, offices and agencies of the County. (3) The County Administrator has the right to take part in discussion at all county government meetings but may not vote. (4) The County Administrator shall see that all laws, provisions of this chapter, and acts of the county government, subject to enforcement by the County Administrator or by officers subject to the Administrator’s direction and supervision, are faithfully executed. (5) The County Administrator shall prepare and submit a proposed annual budget and capital program to the county government, with the Administrator’s recommendations and shall execute the budget as finally adopted. (6) The County Administrator shall make reports, at least once monthly, to the county government in regard to matters of administration, and keep the county government fully advised as to the financial condition of the county government. (7) The County Administrator shall submit to the county government 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) The County Administrator shall familiarize himself or herself in detail with the affairs of all officers, departments, boards, and agencies and make recommendations and reports to the county government at such times as the government 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 government. (9) The County Administrator shall perform such other duties as are specified in this chapter or as may be required by the county government.

Del. Code tit. 9, § 4110 General powers; county government procedures; ordinances.

(a) In addition to the powers specifically enumerated by statutes in this title and elsewhere, the government of Kent County 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 July 3, 1985, the General Assembly upon Kent County, or upon the Levy Court of Kent County, or upon the Levy Court Commissioners of Kent County, or upon the officers or employees of Kent County, or upon counties generally, or upon Levy Court Commissioners generally or upon the Levy Court generally. (b) This grant of power includes the power to: (1) Fix a tax rate upon the assessed valuation of all real property in Kent County, subject to assessment by the County; (2) Fix an additional tax rate upon the assessed valuation of all real property, subject to assessment, located in unincorporated areas in Kent County for the limited purpose of providing financial support for public safety services to be provided by the County, or its agents to unincorporated areas of Kent County; and (3) Add surcharges on any application for a building permit issued by the county: a. In an amount not to exceed .5% of the construction value applicable to said building permit application to provide funding for volunteer fire companies; and b. In an amount not to exceed 1.25% of the construction value applicable to said building permit application to provide funding for the local share of any school capital construction program having received a Certification of Necessity from the Secretary of Education of the Department of Education pursuant to § 7510 of Title 29, as amended; provided however, this surcharge shall not be applicable to an application for a building permit having a construction value of $30,000 or less and such application is made after the issuance of the original certificate of occupancy. (c) 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. (d) This grant of power does not repeal or modify the doctrine of sovereign immunity as it now exists so as to broaden or increase the limitations of legal actions against Kent County. (e) This grant of power includes the right of the Levy Court to receive moneys or grants from this State or the United States; and the Levy Court may enter into agreements or contracts with this State or the United States relating to such moneys or grants. The Levy Court may enact resolutions providing for programs and services for purposes for which the federal or state funds are granted to the County and to spend out of County funds any share required as a condition of the grants. (f) The powers of Kent County shall be construed liberally in favor of the County, and specific mention of particular powers in this title shall not be construed as limiting in any way the general powers stated herein. (g) (1) The county government shall meet regularly. The place and dates of such meetings shall be established by the county government 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 government or of a majority of the members of the county government in accordance with rules adopted as a part of the rules of procedure of the county government. (2) The county government 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. (3) Voting, except on procedural motions, shall be on roll call and the ayes and nays shall be recorded in the journal. A majority of all members of the county government 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 government. No action of the county government, 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 government. (h) All actions of the county government which shall have the force of law shall be by ordinance. (i) (1) 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 1 subject which shall be clearly expressed in its title. The enacting clause shall be “The County of Kent 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. (2) An ordinance may be introduced by any member at any regular or special meeting of the county government. Upon introduction of any ordinance, the Clerk of the county government shall distribute a copy to each elected official of the county governing body and to the County Administrator; shall file a reasonable number of copies in the office of the Clerk of the county government and such other public places as the county government may designate; shall, in 1 newspaper in general circulation in the county, 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 government; 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 7 days, may be held separately or in connection with a regular or special county government meeting and may be adjourned from time to time, and all persons interested shall have a reasonable opportunity to be heard. The county government may make rules governing the holding of public hearings. After the public hearing, the county government 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 government 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 the county government shall number the ordinance and have it, or its title, published again, 1 time in a newspaper of general circulation in the County, together with a notice of its adoption. (3) Except as otherwise provided in this title, every adopted ordinance shall become effective immediately unless the ordinance itself stipulates a different date. (j) To meet a public emergency affecting life, health, property or the public peace, the county government 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. (k) The Clerk of the county government shall authenticate by his or her signature and record in full, in a properly indexed book kept for that purpose, all ordinances and resolutions adopted by the county government. (l) The surcharges otherwise added by paragraph (b)(3) of this section shall not be added to building permits applied for by an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code [26 U.S.C. § 501(c)(3)] which provides owner-occupied housing to low and moderate income households by rehabilitating residential properties and reselling said properties without profit, nor to the Delaware State Housing Authority nor to any applicant funded by the Delaware State Housing Authority.

Del. Code tit. 9, § 4111 Creation of debt; authorization, procedures, debt limitation and anticipation borrowing.

(a) The Levy Court shall exercise all powers of Kent County in connection with the creation of debt, and shall have the power to authorize the issuance of bonds and notes of Kent County to finance the cost of any object, program or purpose for which Kent County, or any officer, department, board or agency thereof, is, by this title or by any other law, authorized to raise, appropriate or expend money, or for the implementation and performance of functions, programs and purposes specified in this title or in any other law applicable to Kent County; provided, however, that the Levy Court shall not have authority to create or to authorize the creating of any bonded indebtedness for any of the following purposes: The payment of any operating expenses; the payment of any judgment resulting from the failure of the County to pay any item of operating expense; or the payment for any equipment or any public improvements of a normal life of less than 3 years. The foregoing limitations shall not apply should the Levy Court unanimously declare the existence of an emergency due to public calamity. (b) The powers conferred by this subchapter shall be in addition to and not in substitution for or in limitation of the powers conferred by any other law. Bonds and notes may be issued under this subchapter for any object or purpose for which Kent County is by this chapter or any other law authorized to raise or appropriate or expend money notwithstanding that any other law may provide for the issuance of bonds or notes for the same or like purposes and without regard to the requirements, restrictions or other provisions contained in any other law. Bonds and notes may be issued under this subchapter notwithstanding any debt or other limitation prescribed by any other law, and the mode and manner of procedure for the issuance of bonds and notes and the adoption of the ordinance authorizing issuance of the bonds or notes under this chapter need not conform to the provisions of any other law or any other provision of this chapter. (c) Bonds and notes issued pursuant to this subchapter shall be authorized by ordinance of the Levy Court approved by not less than 5 / 7 of all of the members thereof. Each such ordinance shall state in brief and general terms the objects or purposes for which the debt is to be incurred and the maximum aggregate principal amount of debt to be incurred for each such object or purpose. Such ordinance, or a subsequent resolution of the Levy Court, shall specify, or may delegate authority to the County Administrator to determine, with respect to any bonds and notes; their date or dates; their maturity; the security therefor, if any, including a pledge of the County’s full faith and credit, federal or state grants or other revenues or property; provisions for either serial or term bonds; sinking fund or other reserve fund requirements, if any; provisions for redemption prior to maturity, if any, with or without premium; the interest rate or rates and any limitations with respect thereto or the manner of their determination; the times and place or places within or without this State for the payment of principal and interest; the method of execution; the form; provisions for the consolidation of debt authorized for several objects and purposes pursuant to 1 or more ordinances into 1 consolidated issue; provisions for the receipt and deposit or investment of any good faith deposit; provisions for the public or private sale of the debt instruments; and such other terms and conditions as the Levy Court may determine to be in the best interest of the County. Debt incurred by the County pursuant to this subchapter may be represented by uncertificated obligations of the County which may be applicable to bonds and notes which are permitted to be issued under this subchapter, and the Levy Court by resolution may determine, or it may delegate authority to the County Administrator to determine, all procedures appropriate to the establishment of a system of issuing uncertificated debt. (d) The Levy Court may pledge the full faith and credit of the County to secure the payment of the principal, interest and premium, if any, on any debt incurred pursuant to this subchapter and/or may pledge any other security therefor. With respect to any debt to which the County’s full faith and credit is pledged, the authorizing ordinance and the debt instruments issued shall contain the declaration that the principal, interest and premium, if any, are to be paid by ad valorem taxes on all real property subject to taxation by the County without limitation as to rate or amount and that the full faith and credit of the County are pledged for payment. The Levy Court shall annually levy and collect a tax ad valorem upon all property taxable by the County sufficient to pay the principal of and interest on each bond or note secured by the County’s pledge of its full faith and credit as such principal and interest become due; provided, however, such tax may be reduced by the amount of other moneys appropriated and actually available for such purpose or provided for by local or special assessments or local service taxes. (e) The outstanding general obligation bonded indebtedness of Kent County secured by the full faith and credit of the County may not exceed 12 percent of the assessed valuation of all real property subject to taxation within the County. The outstanding bonded indebtedness of the County not secured by the County’s full faith and credit is without limitation as to amount. (f) The proceeds from the sale of bonds and notes issued under this subchapter shall be used only for the object or purpose or objects or purposes specified in the ordinance authorizing such bonds or notes for the payment of the principal of and interest on temporary loans made in anticipation of the sale of such bonds or notes. If for any reason any part of such proceeds are not applied to or are not necessary for such purposes, such unexpended part of such proceeds shall be applied to the payment of the principal of or interest on such bonds or notes no later than the earliest date on which such bonds or notes may be called for redemption without premium. (g) All bonds, notes or other evidences of indebtedness issued pursuant to this subchapter shall recite that they are issued for a purpose or purposes as specified in the authorizing ordinance or resolution and that they are issued pursuant to the terms of the Constitution and laws of this State and the County. Upon the sale and delivery of any such bonds, notes or other evidences of indebtedness against payment, such recitals shall be conclusive as to the right, power and authority of the County to issue the same and of the legality, validity and enforceability of the obligation of the County to pay principal of and interest on the same. In case any County official whose signature or a facsimile thereof shall appear on any such bonds, notes or other evidences of indebtedness shall cease to be such officer before the delivery of such obligation, or in case the seal of the County which appears on any such obligation shall change before the delivery of such obligation, such signature, seal or facsimile thereof shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office and as if such seal had not changed. The legality, validity and enforceability of such bonds, notes or other evidences of indebtedness shall never be questioned in any court of law or equity by the County or any person after the issuance, execution and delivery against payment for the same. All such bonds, notes and other evidences of indebtedness are hereby declared to have all the qualities and incidents of negotiable instruments under the Commercial Code of this State. (h) Notwithstanding any limitations herein to the contrary, the Levy Court may borrow in the anticipation of the collection of taxes or other revenues budgeted for any purposes for which taxes are levied.

Del. Code tit. 9, § 4113 Mileage and expenses of county officers and employees.

The county government may pay mileage, as provided in § 9121 of this title, to county officers, including deputies and clerks, for travel in the necessary conduct of county business as well as expenses actually incurred in the carrying out of such county business. This section shall not be construed to allow the payment of mileage to officials, deputies or clerical assistants to or from their home and their place of employment.

Del. Code tit. 9, § 4115 Removal of appointed officers; appeal.

(a) The county government may remove from office any person appointed by it, for sufficient cause shown, and after due hearing. (b) Any person so removed may appeal from the decision of the county government to the Superior Court, which shall, upon such appeal, either affirm or overrule the decision of the county government. If the decision be overruled, the person appealing shall be remitted to that person’s office or employment and shall be entitled to all arrears of compensation.

Del. Code tit. 9, § 4116 Sinking fund.

The county government may create a sinking fund for public buildings, public improvements, and public works generally, and for such purposes may open a special bank account in the name of the Receiver of Taxes and County Treasurer of the County and may deposit therein such sums at such times as the county government deems advisable. The money in such fund shall be paid out upon warrants as other county moneys are paid out according to law, at such times and in such amounts and for the above stated purposes or for any of such purposes, as the county government shall determine.

Del. Code tit. 9, § 4117 County Engineer and other employees; appointment and duties.

(a) The County Administrator may appoint a County Engineer for such term, and at such compensation as the Administrator deems proper. The County Engineer shall be responsible for and have general supervision over all public engineering work in the County including, but not limited to, the construction of sanitary sewers, trunk lines, sewerage disposal plants, sanitary sewer systems in general and maintenance thereof, drainage, construction, lighting service and other projects of a public nature. (b) The County Administrator may employ, for such periods and for such compensation as the Administrator deems proper, such draftsmen, rodmen, and assistants as, in its opinion, are necessary to carry on such public work.

Del. Code tit. 9, § 4118 Dumping of garbage, rubbish, ashes or other waste material.

The county government may regulate or prohibit the dumping of garbage, rubbish, ashes or other waste material in or upon land within the County outside of any incorporated municipality and, for that purpose, enact and from time to time amend or rescind, suitable ordinances, rules or regulations.

Del. Code tit. 9, § 4119 Rivers, creeks, or small runs; widening, straightening.

(a) In case the county government, upon the advice of the County Engineer, deems it advisable to widen, straighten or alter the course of any part of any small run, river or creek in the County; the county government and the County Engineer may enter upon any land for the purpose of surveying and locating the changes necessary to widen, straighten or alter the course of any part of such river, run or creek. (b) Any person owning land which it will be necessary to procure for such purpose may dedicate the same for such purpose, and the county government may enter into negotiations with the owner or owners for that purpose, and may secure the necessary conveyance or dedication of the land. The county government may also purchase the land from the owner or owners thereof upon such terms as the county government deems advisable. All conveyances and dedications shall be to the State, for the use of Kent County, and all conveyances, dedications and other papers relating to the acquirement of such land for such purpose shall be and remain a part of the records of the office of the County Engineer.

Del. Code tit. 9, § 4120 Emergency dispatch center.

The county government may establish and maintain an emergency dispatch center to be used in connection with fire, ambulance, rescue services, and other emergencies which occur throughout the County.

Del. Code tit. 9, § 4121 State or federal aid and programs.

The Kent County government may receive money or grants from the State or the United States of America and may enter into agreements or contracts with the State or the United States relating to such money or grants. The Kent County government is authorized to enact resolutions providing for programs and services for the purposes for which said federal funds are granted to the Kent County government and to spend out of county funds any share required as a condition of said grants.

Del. Code tit. 9, § 4122 Investment powers.

The county government by its Levy Court may authorize and order the investment of idle funds kept as surplus and not reasonably required to be maintained on a demand basis in such manner as recommended by the Director of Finance. Investment of county funds shall be in accordance with general state law and the ordinances of the county government governing such investments. All interest or investments and moneys so earned from these idle or surplus funds shall accrue only to the benefit of the County of Kent.

Del. Code tit. 9, § 4123 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 Kent County. (b) Director of Finance. — The Director of Finance shall be the head of the Department of Finance. The Levy Court shall appoint the Director of Finance and fix the Director’s compensation. (c) Former functions, duties, and powers of the County Comptroller. — The Department of Finance, under the authority of the Director of Finance, shall perform all of the functions assigned to and possess all of the duties and powers previously held by the County Comptroller, including all of the following: (1) Audit the accounts of the county government. (2) Countersign all warrants drawn by order of the county government for the payment of money. (3) During January and July of each year, audit, inspect, and examine the books, accounts, papers, records, and dockets of the clerk of the peace, sheriff, recorder, register of wills, and other county officers and confirm the amount paid to the County in fees. (4) Annually examine the books of all public institutions within the County that are supported wholly or in part by the County and issue a written report to the county government containing the result of such examination. (5) Keep a record of accounts, in which shall be entered all items of expenditure, all warrants drawn, to whom made payable, and for what particular work or other cause. All written contracts made by the county government shall be deposited in the Department’s custody and the Department shall enter all such contracts upon its records. (6) Before countersigning any warrant, inquire into and carefully investigate. To fulfill this duty, the Director of Finance may issue summons for the attendance of witnesses, compel the production of books and papers pertinent to the transaction, administer oaths and affirmations, and ascertain the truth of the transaction inquired into. (7) Audit and mark “correct” all bills before allowance by the county government. No bill shall be passed by the county government without such an endorsement by the Department. If the Director refuses to allow any item of expenditure, to countersign any warrant, or to endorse any bill, the Director shall immediately transmit to the county government the Director’s reasons for refusal in writing. The county government shall consider the Director’s reasons for refusal and may, by a vote of the majority of the elected officials of the county government, overrule the Director’s refusal. If the Director’s refusal is overruled, the Director shall allow the expenditure and countersign the warrant, or endorse the bill in conformity with the judgment of the majority of the elected officials of the county government. (8) Adopt and use a facsimile of the Director’s signature as provided by Chapter 54 of Title 29.

Del. Code tit. 9, § 4124 Receiver of Taxes and County Treasurer functions.

(a) Functions. — The Department of Finance shall perform all of the functions heretofore assigned to the Receiver of Taxes and County Treasurer under this title. (b) Assessment of property. — The Department of Finance shall assess all property subject to taxation by the County and maintain appropriate records. In the performance of its 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 April 1 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. The Board of Assessment Review or its representatives shall sit in its offices during each secular day from April 1 through April 15 of each year to hear appeals and make additions, alterations or corrections to the assessment that may be necessary. After the closing of the hearings, the settlement of all appeals, and the adjustment of the assessment lists, 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 1 of each year, the Director of Finance shall certify to the county government 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. (c) 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 April 27, 2010, 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 April 27, 2010, to the Receiver of Taxes and County Treasurer, provided that the Department shall not be required to make any routine reports to the Levy Court concerning the collection of taxes other than a monthly statement in appropriate summary form and the annual report. (d) 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 2 years or for such longer period as the Levy Court shall prescribe. Such summary shall be fully supported by detailed records of delinquent taxes. (e) 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 Kent County in the assessment and collection and enforcement of capitation taxes and any other taxes heretofore levied in Kent County.

Del. Code tit. 9, § 4125 Board of Assessment Review.

(a) Levy Court, by ordinance, shall establish a Board of Assessment Review. The Board of Assessment Review shall consist of 7 members. The Levy Court shall appoint one member from each of the Levy Court Districts. The term and residency requirements of each member shall be determined by Levy Court. Levy Court shall provide compensation for members and for the chairperson in amounts established by Levy Court in the county annual operating budget ordinance. Furthermore, Levy Court shall provide for the filling of vacancies on the Board of Assessment Review. (b) The Board of Assessment Review shall perform all functions as established by Levy Court through ordinance and as otherwise provided in this title.

Del. Code tit. 9, § 4131 Fire companies.

The county government shall appropriate annually, and on May 1 of each year shall pay, the sum of $250 to each regularly organized and motorized fire company in Kent County, as certified by the Secretary of Kent County Volunteer Firemen’s Association, for the maintenance and upkeep of their fire equipment.

Del. Code tit. 9, § 4132 Kent County Volunteer Firemen’s Association.

(a) The government of Kent County shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer Firemen’s Association, the sum of $13,500 to be distributed by the Firemen’s Association equally to each of the regularly organized and motorized fire companies, members of the Association, for the maintenance and upkeep of the fire equipment of the member companies. (b) The county government shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer Firemen’s Association the sum of $800 to be used for the maintenance of radio equipment used in connection with volunteer fire fighting apparatus throughout the County.

Del. Code tit. 9, § 4133 Ambulance service.

(a) So long as any of the organizations listed in this subsection shall have an ambulance and provide ambulance service for the benefit of the residents of Kent County, the county government shall appropriate annually and on July 1 in each year shall pay the sum of $750 to such organization for the maintenance of its ambulance: (1) Robbins Hose Company, No. 1, at Dover; (2) David C. Harrison Post, No. 14, Inc., American Legion, at Smyrna; (3) Camden-Wyoming Fire Company. (b) So long as Carlisle Fire Company, of Milford, shall have an ambulance and provide ambulance service for the benefit of the residents of Kent and Sussex Counties, the county government may annually appropriate for and pay to such Company the sum of $250 for the maintenance of its ambulance.

Del. Code tit. 9, § 4134 Rescue service.

The county government shall appropriate the sum of $750 annually to each of the regularly organized and motorized fire companies in Kent County for the maintenance of their rescue squad. Such sum shall be paid by the county government to each of the fire companies entitled thereto, certified by the Secretary of the Kent County Volunteer Firemen’s Association on July 1 of each year.

Del. Code tit. 9, § 4135 Cities and towns; aid for maintenance of public dumping areas.

The county government may negotiate with the proper authorities of the various cities and towns, and with private individuals or contractors within the County as to the establishment of public dumping areas open to the use of the general public, and further the county government may expend a sum not to exceed $75,000 as cost to the County in the purchase of land for said disposal or in the various contracts with the towns, cities and private individuals or contractors. The county government may tax the general public of Kent County annually to defray the cost and expenses of the public dumping areas.

Del. Code tit. 9, § 4136 Appropriations for community services.

The county government may appropriate each year for community services of general benefit to the County and its residents such amounts as it may deem just and proper.

Del. Code tit. 9, § 4137 Appropriations for county records and assessments.

The county government may determine whether additional methods or procedures relating to county records and assessments are required for Kent County, and may direct the payment therefor from the general funds of the County.

Del. Code tit. 9, § 4138 Sewer authorization loans.

The County is authorized to lend, to sewer districts created by the County, funds, other than general funds of the County or funds dedicated to purposes other than the construction or improvement of sewers in the County, any available funds on terms deemed commercially reasonable by the Levy Court.

Del. Code tit. 9, § 4151 Personnel Administration Board.

The county government shall, by ordinance, establish a Personnel Board and determine the membership, terms, qualifications, compensation and duties of said Board.

Del. Code tit. 9, § 4152 Establishment by county government.

The county government may, by ordinance, establish a Parks and Recreation Commission and determine the membership, terms, qualifications and compensation of said Commission.

Del. Code tit. 9, § 4153 Functions.

The Parks and Recreation Commission shall perform the following functions: (1) Plan, supervise and conduct a comprehensive and coordinated program of cultural and physical recreation for the County; (2) Plan, supervise and conduct a program of parks and park related activities for all of the parks of the County including any suburban parks which may hereafter be established pursuant to Chapter 6 of this title; (3) Promote, and, to the extent feasible, execute a cooperative recreational program with the public schools, other public agencies, private agencies, and local citizen recreation councils; (4) Develop plans for parks, recreation areas, and for the preservation of open space within the County and recommend to the county government appropriate courses of action in regard thereto; (5) Employ by and with the consent of the county government trained personnel in recreational programs and staff, including a Director of Parks and Recreation; (6) Make and enforce rules and regulations relating to the protection, care, and use of the areas it administers. No rules and regulations shall become effective until such rules and regulations have been adopted by the county government after a public hearing thereon, the time and place of which at least 30 days’ notice shall have been given by 1 publication in a newspaper of general circulation in the County. Such notice should state the place at which copies of the rules and regulations may be obtained; (7) Recommend to the county government such fees as it deems reasonable for the use of such facilities as may be provided in the areas it administers, and the county government may establish and collect such fees from the users of the said areas.

Del. Code tit. 9, § 4154 Acquisition of land.

The county government may acquire land or any interest therein by purchase or gift within the County that it deems advisable in furtherance of the purposes of this subchapter, but in no event shall the county government have the right to eminent domain for these purposes.

Del. Code tit. 9, § 4155 Power to borrow money and issue bonds.

The county government may borrow money upon the faith and credit of the County as provided in this subchapter for the purpose of acquiring land and property in furtherance of the purposes of this subchapter and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such rate of interest and in such form as the county government shall deem expedient. The interest upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof.

Del. Code tit. 9, § 4156 Terms of bonds.

The county government shall decide upon and determine the form and time or times of maturity of the bonds provided that no bonds shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the county government be made redeemable at such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the county government prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this subchapter, as the county government may deem expedient.

Del. Code tit. 9, § 4157 Execution and record of bonds.

The bonds shall be prepared under the supervision of the county government and shall be signed by the Receiver of Taxes and County Treasurer, the President of the county government and the clerk of the peace, and shall be under the seal used by the county government. Such officers shall execute the bonds when directed by the county government to do so. The Receiver of Taxes and County Treasurer and the county government shall keep a record of the bonds.

Del. Code tit. 9, § 4158 Sale of bonds.

The bonds or any part thereof may be sold when and as the county government by resolution determines and until sold shall remain in custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the county government it is deemed advisable that any part or all of the bonds shall be sold, the county government may sell and dispose of the same at public sale after having advertised the same in the public press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid to any members of the county government for effecting the sale or negotiation of such bonds.

Del. Code tit. 9, § 4159 Principal and interest payments; taxes.

(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated by Kent County. (b) The county government in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Receiver of Taxes and County Treasurer be set apart by him or her in a separate account to be opened for that purpose; and the Receiver of Taxes and County Treasurer shall apply the said sum annually to the payments of such part of said loan and interest thereon as may from time to time become due under the provisions of this subchapter.

Del. Code tit. 9, § 4160 Deposit and use of proceeds of sale of bonds.

All money received from the sale of any or all of such bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited by the Receiver of Taxes and County Treasurer in any depository bank in the State, to the credit of the county government in a separate account and payments thereof shall be made in the same manner as other payments by the county government. No part of the money thus obtained, except as in this section provided, shall be used for any other purpose than those stated in this subchapter and the purchasers or holders of the bonds shall not be bound to see to or be affected by the application of the money realized from the sale of the bonds.

Del. Code tit. 9, § 4161 Violations of rules and regulations.

(a) Whoever violates the rules and regulations promulgated by the county government shall be fined not less than $10 nor more than $50 and costs for each offense, or imprisoned not more than 30 days, or both. (b) All rules and regulations of the county government shall have the effect of law and shall be published in at least 2 newspapers of general circulation in the territory to be affected, at least 30 days prior to the time the rule or regulation becomes effective, except in case of an emergency when the county government shall give such advance notice as it deems necessary or desirable. (c) Justices of the peace shall severally throughout the State have jurisdiction of violations of the rules and regulations of the county government with the condition that any person arrested for such violation shall be taken before the closest available magistrate in the County where such violation is alleged to have occurred.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title9/c041/sc01/index.htmlFetched: 10/4/2026

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