CHAPTER 748

AN ACT TO AMEND TITLE 9, CHAPTER 41, DELAWARE CODE, BY ADDING THERETO A NEW SUBCHAPTER, RELATING TO THE APPOINTMENT OF A PARKS AND RECREATION COMMISSION, A DIRECTOR OF PARKS AND RECREATION AND THE ISSUANCE OF BONDS FOR THE PURCHASE OF LAND TO BE USED FOR PARKS AND RECREATION BY THE LEVY COURT OF KENT COUNTY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each Branch thereof concurring therein):

Section 1. Title 9, Chapter 41, Delaware Code, is hereby amended by adding thereto a new subchapter to be known as Subchapter V, which shall read as follows:

SUBCHAPTER V. PARKS AND RECREATION COMMISSION

§ 4152. Parks and Recreation Commission

The Levy Court of Kent County may appoint a Parks and Recreation Commission which shall consist of five members who shall serve without compensation and who shall be residents of Kent County for a period of three years immediately preceding appointment, three of whom shall live outside any incorporated city or town. No more than three of the members of the Commission shall be of the same political party. The term of each commissioner shall be for four years, but originally one member shall be appointed for one year, one member shall be appointed for two years, one member shall be appointed for three years, and two members shall be appointed for four years. Any vacancies shall be filled for the unexpired term. The Levy Court shall furnish suitable office space, supplies, and equipment to the Commission.

§ 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 Levy Court of the County appropriate courses of action in regard thereto.

(5) Employ by and with the consent of the Levy Court 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 Levy Court of Kent County after a public hearing thereon, the time and place of which at least 30 days' notice shall have been given by one 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.

(0) Recommend to the Levy Court such fees as it deems reasonable for the use of such facilities as may be provided in the areas it administers, and the Levy Court may establish and collect such fees from the users of the said areas.

§ 4154. Acquisition of land

The Levy Court 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 Levy Court have the right to eminent domain for these purposes.

§ 4155. Power to borrow money and issue bonds

The Levy Court 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 Levy Court shall deem expedient. The interest upon said bonds shall be payable semi-annually in each and every year after the date of issuance thereof.

§ 4156. Terms of bonds

The Levy Court shall decide upon and determine the form and time or times of maturity of the bonds provided that no bond shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the Levy Court 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 Levy Court prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this Subchapter, as the Levy Court may deem expedient.

§ 4157. Execution and record of bonds

The bonds shall be prepared under the supervision of the Levy Court and shall be signed by the Receiver of Taxes and County Treasurer, the President of the Levy Court and the Clerk of the Peace of Kent County, and shall be under the seal used by the Levy Court of Kent County. Such officers shall execute the bonds when directed by the Levy Court to do so. The Receiver of Taxes and County Treasurer and the Levy Court shall keep a record of the Bonds.

§ 4158. Sale of bonds

The bonds or any part thereof may be sold when and as the Levy Court by resolution determines and until sold shall remain in custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the Levy Court it is deemed advisable that any part or all of the bonds shall be sold, the Levy Court 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 two weeks. No commission or other compensation shall be charged or paid to any members of the Levy Court for effecting the sale or negotiation of such bonds.

§ 4159. Principal and interest payments; taxes

(a) The bonds, principal and interest, shall be payable at the Farmers Bank of the State of Delaware, at Dover, Delaware, out of the money from time to time appropriated for that purpose by the Levy Court of Kent County as hereinafter provided in this section; and the Levy Court shall pay the interest on the bonds at the Farmers Bank when and as the same shall become due, and pay the bonds when and as they mature in accordance with the foregoing.

(b) The Levy Court 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 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.

§ 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 the Farmers Bank of the State of Delaware, at Dover, Delaware, to the Credit of the Levy Court of Kent County in a separate account and payments thereof shall be made in the same manner as other payments by the Levy Court. 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.

§ 4161. Violations of rules and regulations

(a) Whoever violates the rules and regulations promulgated by the Levy Court of Kent County 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.

() All rules and regulations of the Levy Court of Kent County 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 Levy Court of Kent County shall give such advance notice as it deems necessary or desirable.

(a) Justices of the Peace shall severally throughout the State have jurisdiction of violations of the rules and regulations of the Levy Court of Kent County 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.

Approved July 23, 1970.