Current as of January 01, 2019 | Updated by FindLaw Staff
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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 all of the following:
(1) A summary of the estimated revenues and appropriations.
(2) The detail of recommended new sources of revenue or increased rates of existing taxes, licenses, fees, or other revenue.
(3) The website address where a copy of the budget may be located and identification of the pages of the budget on which a listing of all individual LSF tax rates and individual fire protection tax rates for each municipality may be found.
(4) That copies of the budget are available upon request at the office of the Clerk of County Council.
(5) The date, time, and place at which the County Council will commence its public hearings upon the proposed budget, which may 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 appropriations to an amount greater than the estimate of revenue for the corresponding period.
(d)(1) 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 appropriations for the performance or funding of local service functions by New Castle County within the municipalities and unincorporated area.
(2) The County Council, in estimating the revenues for the payment of the cost of each such local service function, may not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any municipality related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function.
(e) New Castle County may also impose ad valorem taxation on real property within any municipality as follows:
(1) In any instance where a municipality initiates the performance of a local service function without the consent of New Castle County under § 1102 of this title.
(2) For the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.
(3) To any municipality not expending funds in the previous fiscal year for the given local service function or not adequately performing the local service function.
(f) County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled General Operating Budget, all appropriations 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 appropriations, shall include the estimated revenue to be derived from county-wide ad valorem taxation of real property.
a. If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account, or obtain refund from its customer, whether or not it is able to return the items, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge back, and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.
b. A collecting bank returns an item when it is sent or delivered to the bank's customer or transferor or pursuant to its instructions.
c. A depositary bank that is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (12A:4-301).
d. The right to charge back is not affected by:
(1) previous use of a credit given for the item; or
(2) failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.
e. A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.
f. If credit is given in dollars as the equivalent of the value of an item payable in foreign money, the dollar amount of any charge-back or refund must be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
Cite this article: FindLaw.com - Delaware Code Title 9. Counties § 1155. Consideration and adoption of the annual operating budget ordinance - last updated January 01, 2019 | https://codes.findlaw.com/de/title-9-counties/de-code-sect-9-1155/
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