Chapter 6. Suburban Parks And Recreation

Published: 2015

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Provisions Affecting All Counties


Subchapter V. Acquisition, Improvement and Maintenance of Park Areas

§ 670 Acquisition of land for parks; title and ownership; gifts.
(a) The county government may take or acquire by condemnation in accordance with law, agreement, purchase or gift, lands located within the county outside of the corporate limits of any city or town and not already devoted to a public purpose or used by a public utility in its service of the public as may seem to the county government suitable for park and recreational purposes and necessary to meet the requirements of this chapter. Title and ownership of such lands, however acquired, shall be vested in the State for the use of the county. The county government, pursuant to agreement executed by an incorporated city or town, may acquire by agreement, purchase or gift, or may lease or agree to undertake to control and maintain for a term of years, lands located within the county owned by the incorporated city or town.
(b) Gifts of land, buildings or money may be accepted for specific maintenance or establishment of park and recreational areas.
9 Del. C. 1953, § 670; 49 Del. Laws, c. 112, § 1; 54 Del. Laws, c. 95, § 2; 57 Del. Laws, c. 762, § 4B.;

§ 671 Contracts for improvements; competitive bids.
(a) The commission shall proceed to arrange for the contracts for the required improvements. The letting of contracts for improvements shall be upon a competitive basis pursuant to public advertisement of the intention of the county government to receive sealed proposals for the work on said improvements. All contracts shall be entered into and acquisitions shall be made by the county government.
(b) It shall be a term of each contract that 10 percent of all payments due shall be withheld until final certification by the commission that the work has been satisfactorily completed, in compliance with the contract.
9 Del. C. 1953, § 671; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.;

§ 672 Awarding of contracts; procedure.
Upon the opening of the sealed proposals, the county government, after consultation with the commission, shall award said contracts, but no contract shall be awarded to any other than the lowest bidder except with the unanimous approval of the members of the county government and the recommendation of the commission, and provided the county government shall set down in its minutes the reason or reasons for granting the contract to the person other than the lowest bidder. As a condition of the letting of the contracts, the county government shall require the successful bidder to enter into a bond for the faithful performance of such contract. The county government shall have the power to reject all bids.
9 Del. C. 1953, § 672; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.;

§ 673 Supervision by commission; duty to maintain; payment procedures; fences between parks and railroads.
(a) After the awarding of the contracts, all work performed under this chapter shall be under the direct supervision and direction of the commission.
(b) The commission shall be responsible for the maintenance of such parks and recreation areas and shall submit approved bills for such maintenance to the county government for payment.
(c) The bills for recreation and recreational promotion including salaries and equipment shall be approved by the commission and submitted to the county government for payment.
(d) The commission may place fences or barriers not less than 4 feet in height between all developed parks and active railroad tracks, the cost of which shall be shared equally between the county and the State.
9 Del. C. 1953, § 673; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B; 58 Del. Laws, c. 224.;