§ 4151. Meeting to organize tax ditch; notice. (a) The Division of Watershed Stewardship, at its earliest convenience after the ditch order becomes final, shall call a meeting of the taxables for the purpose of organizing the proposed tax ditch, including the election of ditch managers, as called for in the ditch order, and a […]
§ 4152. Distribution of ditch order and this chapter; filing of assessment list. (a) At the organization meeting of the tax ditch, the Division of Watershed Stewardship shall deliver to the managers, when elected, a certified copy of the ditch order and a copy of this chapter, together with all effective amendments thereto. (b) The […]
§ 4153. Representation at meeting. In addition to the Division of Watershed Stewardship, the county soil conservation district may be represented at the organization meeting by 1 member of the board of district supervisors. 48 Del. Laws, c. 151, § 35; 7 Del. C. 1953, § 4153; 59 Del. Laws, c. 560, § 2; 77 […]
§ 4154. Voting rights. At all meetings, each landowner shall be entitled to the same number of votes as the number of dollars assessed against the land of such owner in the ditch order. In the event that any lands are held by tenants in common or joint tenants, each such tenant in common or […]
§ 4155. Voting by proxy. Any person entitled to vote pursuant to § 4154 of this title may authorize another landowner within the tax ditch to cast his or her votes in that person’s stead by executing a proxy. The proxy shall be signed, dated and notarized. 48 Del. Laws, c. 151, § 37; 7 […]
§ 4156. Election of ditch managers and a secretary-treasurer; terms of office; vacancies. (a) At the first meeting the taxables shall elect from their group the number of ditch managers specified in the ditch order, and a secretary-treasurer. (b) The term of office of each ditch manager and of the secretary-treasurer shall be 1 year. […]
§ 4157. Chairperson of ditch managers; duties. Immediately after they are elected, the ditch managers shall designate 1 of their number to serve as chairperson. The chairperson shall call meetings of the ditch managers and taxables and shall preside thereat. 48 Del. Laws, c. 151, § 39; 7 Del. C. 1953, § 4157; 70 Del. […]
§ 4158. Compensation of ditch managers and secretary-treasurer. Tax ditch managers and the secretary-treasurer may be entitled to receive compensation at a rate to be determined by a majority of the eligible votes of those taxables present at the first meeting provided for in § 4159 of this title. The rate of compensation for the […]
§ 4159. Annual and other meetings of taxables; notice of meetings. At the first meeting the taxables shall set a date for the regular annual meeting. This date may not be changed except by action of a majority of the taxables present at a regular annual meeting. The chairperson of the ditch managers may call […]
§ 4160. Meetings of ditch managers; quorum. The ditch managers shall meet as often as necessary to properly conduct the business of the tax ditch. At such meetings a majority of the ditch managers shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its […]
§ 4161. Powers of a tax ditch. A tax ditch organized under this chapter, being a governmental subdivision of this State and a public body, corporate and politic may exercise public powers and, in addition to such other powers as usually pertain to corporations, may: (1) Levy taxes; (2) Sue and be sued in the […]
§ 4162. Duties of ditch managers. In addition to the duties specified in other sections of this chapter, the ditch managers shall: (1) Determine from the taxables the desired program of operations; (2) Determine the amount of taxes to be levied to carry out such desired program; (3) Secure specific authority for borrowing money, in […]
§ 4163. Duties of secretary-treasurer of tax ditch. In addition to any powers and duties set forth elsewhere in this chapter, the secretary-treasurer of the tax ditch shall: (1) Keep accurate minutes of all meetings of the ditch managers and taxables, and such minutes shall be a part of the permanent records of the tax […]
§ 4164. Bond of secretary-treasurer. The secretary-treasurer shall, before assuming the duties of his or her office and within 15 days after his or her election, furnish a bond in favor of the tax ditch, in an amount satisfactory to the ditch managers and with a surety to be approved by the ditch managers, conditioned […]
§ 4165. Failure of ditch officer to perform duties; remedy; removal. If any officer of a tax ditch fails to perform the duties imposed on him or her by this chapter, any taxable may petition the Superior Court from which the ditch order was issued and request an order directing said officer to carry out […]
§ 4166. Signatures on instruments issued by tax ditch. Any note, bond, warrant or other instrument issued by a tax ditch pursuant to this chapter shall be signed by the chairperson of the ditch managers and the chairperson’s signature shall be attested by the secretary-treasurer of the tax ditch. 48 Del. Laws, c. 151, § […]
§ 4167. Liability of tax ditch officers. No ditch manager or other officer of a tax ditch shall be held personally liable for the obligations of the tax ditch. The tax ditch shall indemnify the ditch managers or other officers in accordance with § 4003 of Title 10 for all tort claims. 48 Del. Laws, […]
§ 4168. Limitation on borrowing power of tax ditch. A tax ditch may borrow money pursuant to this chapter with the consent of a majority of the votes cast at a meeting duly called under § 4159 of this title. No tax ditch shall borrow money in excess of 90 percent of the total assessment […]
