TITLE 9

Counties

Kent County

CHAPTER 41. GOVERNMENT OF KENT COUNTY

Subchapter I. General Provisions


(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 shall be construed to mean the Department of Finance of Kent County as created by § 4123 of this title.

9 Del. C. 1953, § 4101; 77 Del. Laws, c. 247, § 5.;

(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.

22 Del. Laws, c. 50, § 1; 24 Del. Laws, c. 52, § 1; Code 1915, § 1013; 31 Del. Laws, c. 13, § 2; 40 Del. Laws, c. 126, § 1; Code 1935, §§ 1147, 1184; 44 Del. Laws, c. 85, § 1; 9 Del. C. 1953, § 301; 55 Del. Laws, c. 85, § 3A; 55 Del. Laws, c. 197, § 1; 63 Del. Laws, c. 190, § 1.;

(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.

Code 1852, §§ 66, 68; 21 Del. Laws, c. 22, § 4; Code 1915, §§ 1037, 1056; 31 Del. Laws, c. 13, § 4; Code 1935, §§ 1185, 1224; 9 Del. C. 1953, § 304; 55 Del. Laws, c. 197, § 2; 56 Del. Laws, c. 103, § 5; 56 Del. Laws, c. 241, § 1; 63 Del. Laws, c. 190, § 2; 70 Del. Laws, c. 293, § 1; 73 Del. Laws, c. 63, § 1.;

(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.

21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 5; 22 Del. Laws, c. 53, § 1; 22 Del. Laws, c. 54, § 5; 22 Del. Laws, c. 276, § 1; 22 Del. Laws, c. 279, § 1; 23 Del. Laws, c. 39, § 1; 27 Del. Laws, c. 50; Code 1915, §§ 1018, 1040, 1049; 28 Del. Laws, c. 76, § 6; 31 Del. Laws, c. 13, § 8; 40 Del. Laws, c. 126, § 6; Code 1935, §§ 1152, 1189, 1199; 45 Del. Laws, c. 110, § 1; 45 Del. Laws, c. 122, §§ 1, 2; 46 Del. Laws, c. 298, § 1; 9 Del. C. 1953, § 309; 49 Del. Laws, c. 290, § 1; 50 Del. Laws, c. 421, § 1; 51 Del. Laws, c. 277; 52 Del. Laws, c. 174, § 8; 53 Del. Laws, c. 222, § 9; 54 Del. Laws, c. 23, § 4; 54 Del. Laws, c. 215, § 10; 55 Del. Laws, c. 85, §§ 3A, 3B; 57 Del. Laws, c. 692, § 1; 61 Del. Laws, c. 506, § 1; 65 Del. Laws, c. 163, § 3; 67 Del. Laws, c. 255, § 1.;

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.

67 Del. Laws, c. 235, § 1.;

(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.

67 Del. Laws, c. 235, § 1; 68 Del. Laws, c. 225, § 1; 70 Del. Laws, c. 186, § 1.;

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.

67 Del. Laws, c. 235, § 1; 70 Del. Laws, c. 186, § 1.;