Chapter 41. Government Of Kent County

Published: 2015

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Kent County


Subchapter V. Parks and Recreation Commission

§ 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.
9 Del. C. 1953, § 4152; 57 Del. Laws, c. 748; 66 Del. Laws, c. 322, § 1.;

§ 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.
9 Del. C. 1953, § 4153; 57 Del. Laws, c. 748.;

§ 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.
9 Del. C. 1953, § 4154; 57 Del. Laws, c. 748.;

§ 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.
9 Del. C. 1953, § 4155; 57 Del. Laws, c. 748.;

§ 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.
9 Del. C. 1953, § 4156; 57 Del. Laws, c. 748.;

§ 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.
9 Del. C. 1953, § 4157; 57 Del. Laws, c. 748.;

§ 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.
9 Del. C. 1953, § 4158; 57 Del. Laws, c. 748.;

§ 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.
9 Del. C. 1953, § 4159; 57 Del. Laws, c. 748; 59 Del. Laws, c. 345, § 1; 63 Del. Laws, c. 142, § 20; 70 Del. Laws, c. 186, § 1.;

§ 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.
9 Del. C. 1953, § 4160; 57 Del. Laws, c. 748; 59 Del. Laws, c. 345, § 2.;

§ 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.
9 Del. C. 1953, § 4161; 57 Del. Laws, c. 748.;