CHAPTER 165

FORMERLY

SENATE BILL NO. 280

AN ACT TO AMEND CHAPTER 251, VOLUME 61, LAWS OF DELAWARE,BEING AN ACT TO REINCORPORATE THE CITY OF DELAWARE CITY" RELATING TO APPEALS FROM THE ASSESSMENT BOARD OF APPEALS TO THE SUPERIOR COURT AND RELATING TO THE SALE OF BONDS AT PRIVATE SALE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 4-01D, Chapter 251, Volume 61, Laws of Delaware by striking the second sentence of the first paragraph in its entirety and substituting in lieu thereof the following:

The decision of a majority of the Mayor and Council sitting on appeals shall constitute the final decision of the Assessment Board of Appeals. The Board shall notify the appellant in writing, by certified mail, of its decision within five (5) days of its decision. The appellant, if he or she feels aggrieved by the decision may, within thirty (30) days from the date of mailing of the written decision, appeal therefrom to the Superior Court in and for New Castle County. The decision of the Board shall be prima facie correct and the burden of proof shall be on the appellant to show that the Board acted contrary to law, fraudulently, arbitrarily, or capriciously. The appellant shall be heard on the record and proceedings of the Board shall be certified to the Court by the Board within fifteen (15) days after service on the Board of a notice of appeal. The Court may permit the appellant or the Board to present any new or different evidence pertinent to the matter. The Court may affirm, reverse or modify the Board and the decision of the Court shall be final."

Section 2. Amend Section 6-OBB (7), Chapter 251, Volume 61, Laws of Delaware, by striking out all of Paragraph (7), Subsection B, and substituting in lieu thereof a new Paragraph (7) to read as follows:

"(7) The form of bond or certificate of indebtedness, the interest rate, the date or dates for payment of interest, the classes, the date on dates of maturity, and the provisions pertaining to the registration shall be determined by the Mayor and Council after the said special election provided for in this Section. The bonds may be sold at either public or private sale as determined by the Mayor and Council. The Mayor and Council shall provide, in the budget, and in fixing the rate of tax, for revenues sufficient for payment of interest and principal of said bonds or certificates at the maturity or maturities thereof. The full faith and credit of the City shall be deemed to be pledged for the due payment of the principal and interest of general obligation bonds issued within the prescribed debt limitation when the same have been properly executed and delivered for value, and there shall be no limitation upon the amount of taxes which may be raised by taxation for the payment of interest on and principal of any bonded indebtedness or certificate or certificates issued pursuant to the provisions of the Act."

Section 3. Section 1 of this Act shall be effective immediately upon its adoption and will apply to all decisions of the Board for the current year (19B7-19BB). In the case of those decisions for the current year (19B7-19BB) which were rendered prior to the date of the adoption of the amendment, the Board will notify all appellants by certified mail that they have a right of appeal pursuant to this section, which may be exercised within thirty (30) days of the mailing of the notice.

Section 4. Section 2 of this amendment shall be effective immediately upon its adoption.

Approved July 13, 1987.