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§ 1155 Consideration and adoption of the annual operating budget ordinance.

9 DE Code § 1155 (2019) (N/A)
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(a) The County Council, upon receipt of the operating budget, shall immediately publish a notice in a newspaper of general circulation in the County, setting forth:

(1) A summary of the estimated revenues and expenditure;

(2) The detail of recommended new sources of revenue or increased rates of existing taxes, licenses, fees or other revenue;

(3) That copies of the budget are available at the office of the Clerk of County Council;

(4) The date, time, and place at which the County Council will commence its public hearings upon the proposed budget, which shall not be less than 10 days after the date of publication of such notice.

(b) The County Council, upon conclusion of its public hearings but not later than June 1, shall enact the operating budget ordinance. The County Council may increase, decrease, or delete any item of appropriation recommended by the County Executive, and may add new items of appropriation.

(c) No amendment to the operating budget ordinance shall increase the aggregate of authorized expenditures to an amount greater than the estimate of revenue for the corresponding period.

(d) The County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled Local Service Function Budget, all expenditures for the performance of local service functions which are not performed within the limits of any municipality. The County Council, in estimating the revenues for the payment of the cost of each such local service function, shall not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any municipality which performs such function independently for its residents and pays the cost thereof out of its own revenue sources. The provisions of this subsection shall not be applicable:

(1) In any instance where a municipality initiates the performance of or exercises responsibility for a local service function or a distinct activity without the affirmative action in the form of an ordinance of the County Council of New Castle County; and

(2) To the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(e) County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled General Operating Budget, all expenditures not properly allocated to the Local Service Function Budget or other operating budget funds. County Council, in estimating the revenues necessary for the payment of these expenditures, shall include the estimated revenue to be derived from county-wide ad valorem taxation of real property.

9 Del. C. 1953, § 1155; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 43-45.

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§ 1155 Consideration and adoption of the annual operating budget ordinance.