Chapter 7. Park Districts

Published: 2015

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Provisions Affecting All Counties


Subchapter III. Officers; Elections; Powers and Duties

§ 740 Governing board; oath.
Each member of the governing board of any park district before entering upon the duties of each such member's office shall take and subscribe an oath to well and faithfully discharge the member's duties, which oath shall be filed with the secretary of the board. The members of such governing board shall constitute the corporate authority for such district and a majority of such members shall constitute a quorum for said board and any meeting thereof. The members of such governing board shall act as such without compensation, and each member of the board shall be a legal voter of and reside within such district.
9 Del. C. 1953, § 740; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.;

§ 741 Interest in contracts.
No member of the board shall be directly or indirectly in any way pecuniarily interested in any contract or work of any kind whatever, connected with his or her park district.
9 Del. C. 1953, § 741; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.;

§ 742 Records and ordinances.
Governing boards of all park districts shall keep a regular book of records of all ordinances or other proceedings of said board which records shall be open to public inspection at all reasonable and proper times.
9 Del. C. 1953, § 742; 52 Del. Laws, c. 42.;

§ 743 Proof of ordinances.
All ordinances, orders and resolutions of the governing board of any park district and the date of the publication thereof may be proved by the certificate of its secretary under the seal of the district. When printed in book or pamphlet form purporting to be published by the governing board such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, orders, and resolutions as of the dates mentioned in such publication in all courts or places without further proof.
9 Del. C. 1953, § 743; 52 Del. Laws, c. 42.;

§ 744 Appropriation ordinances.
The board of each park district shall, within the last quarter of each fiscal year, but not later than the last Tuesday in April, pass an ordinance in which the board may appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such district for the succeeding fiscal year and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated to each. After the first 6 months of any fiscal year have elapsed the board may, by 2/3 vote, transfer from any appropriation item its anticipated unexpended funds to any other item of appropriation theretofore made, and the item to which said transfer is made may be increased to the extent of the amount so transferred.
9 Del. C. 1953, § 744; 52 Del. Laws, c. 42.;

§ 745 Publication of appropriation ordinances.
All ordinances of any park district making appropriations shall within 10 days after their passage, be published at least once in 1 or more newspapers published in the park district, or if no newspaper is published therein, then in 1 or more newspapers of general circulation within the park district; and no such ordinance shall take effect until 10 days after it is so published.
9 Del. C. 1953, § 745; 52 Del. Laws, c. 42.;

§ 746 Creation of debt.
No member of the board of any park district, nor any person, whether in the employ of said board or otherwise, shall have power to create any debt, obligation, claim or liability, for or on account of said park district, or the moneys or property of the same, except with the express authority of said board conferred at a meeting thereof and duly recorded in a record of its proceedings.
9 Del. C. 1953, § 746; 52 Del. Laws, c. 42.;

§ 747 Employees.
The board of any park district may employ such engineers, attorneys, clerks and other employees as may be required, and may define and prescribe their respective duties and compensation. The members of the board and all officers appointed by them shall be conservators of the peace within and upon such parks, boulevards, driveways, and property controlled by such park district, and may make arrests on view of the offense, or upon warrants for violation of any of the penal ordinances of such park districts, or for any breach of the peace, in the same manner as the police in cities organized and existing under the general laws of the State.
9 Del. C. 1953, § 747; 52 Del. Laws, c. 42.;

§ 748 Duties and election of officers.
The board of each park district shall elect from their number a president and a vice-president, who shall hold their respective offices for 1 year, or until their successors shall be elected. The board shall prescribe their powers and duties not inconsistent with the provisions of this Code.
The board shall also appoint a secretary and a treasurer, prescribe their duties, and term of office and require such bonds as the board deems necessary. The secretary and treasurer need not be members of the board, in which case the board may fix their compensation; and both offices may be held by the same person. The secretary shall have power to administer oaths and affirmations.
9 Del. C. 1953, § 748; 52 Del. Laws, c. 42.;

§ 749 Duties of president.
The president of any park district shall preside at all meetings of the board, and shall call special meetings thereof on the president's own motion or on request of 2 or more of the members, and in case of a special meeting shall cause a notice to be given to all members as provided by the rule of said board. The president shall have the right to vote upon all questions coming before the board and shall be a member thereof.
9 Del. C. 1953, § 749; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.;