§ 4341. Meeting to organize tax lagoon; notice. (a) The Division of Watershed Stewardship, at its earliest convenience after the lagoon order becomes final, shall call a meeting of the taxables for the purpose of organizing the proposed tax lagoon, including the election of lagoon managers, as called for in the lagoon order, and a […]
§ 4342. Distribution of lagoon order and this chapter; filing of assessment list. (a) At the organization meeting of the tax lagoon, the Division of Watershed Stewardship shall deliver to the managers, when elected, a certified copy of the lagoon order and a copy of this chapter, together with all effective amendments thereto. (b) The […]
§ 4343. 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 lagoon order. In the event that any lands are held by tenants in common or joint tenants, each such tenant in common or […]
§ 4344. Voting by proxy. Any person entitled to vote pursuant to § 4343 of this title may authorize another landowner within the tax lagoon to cast the authorizing landowner’s votes in that landowner’s stead by executing a proxy. The proxy shall be signed, dated and notarized. 73 Del. Laws, c. 389, § 1; 70 […]
§ 4345. Election of lagoon managers and a secretary-treasurer; terms of office; vacancies. (a) At the first meeting the taxables shall elect from their group the number of lagoon managers specified in the lagoon order, and a secretary-treasurer. (b) The term of office of each lagoon manager and of the secretary-treasurer shall be 1 year. […]
§ 4346. Chairperson of lagoon managers; duties. Immediately after they are elected, the lagoon managers shall designate 1 of their number to serve as chairperson. The chairperson shall call meetings of the lagoon managers and taxables and shall preside thereat. 73 Del. Laws, c. 389, § 1; 70 Del. Laws, c. 186, § 1;
§ 4347. Compensation of lagoon managers and secretary-treasurer. Tax lagoon 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 § 4348 of this title. The rate of compensation for the […]
§ 4348. 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 lagoon managers may call […]
§ 4349. Meetings of lagoon managers; quorum. The lagoon managers shall meet as often as necessary to properly conduct the business of the tax lagoon. At such meetings a majority of the lagoon managers shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its […]
§ 4350. Powers of a tax lagoon. A tax lagoon 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 […]
§ 4351. Duties of lagoon managers. In addition to the duties specified in other sections of this chapter, the lagoon 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 […]
§ 4352. Duties of secretary-treasurer of tax lagoon. In addition to any powers and duties set forth elsewhere in this chapter, the secretary-treasurer of the tax lagoon shall: (1) Keep accurate minutes of all meetings of the lagoon managers and taxables; and such minutes shall be a part of the permanent records of the tax […]
§ 4353. Bond of secretary-treasurer. The secretary-treasurer shall, before assuming the duties of office and within 15 days after election, furnish a bond in favor of the tax lagoon, in an amount satisfactory to the lagoon managers and with a surety to be approved by the lagoon managers, conditioned on the faithful performance of duties […]
§ 4354. Failure of lagoon officer to perform duties; remedy; removal. If any officer of a tax lagoon fails to perform the duties imposed on such officer by this chapter, any taxable may petition the Superior Court from which the lagoon order was issued and request an order directing said officer to carry out the […]
§ 4355. Signatures on instruments issued by tax lagoon. Any note, bond, warrant or other instrument issued by a tax lagoon pursuant to this chapter shall be signed by the chairperson of the lagoon managers, and the chairperson’s signature shall be attested by the secretary-treasurer of the tax lagoon. 73 Del. Laws, c. 389, § […]
§ 4356. Liability of tax lagoon officers. No lagoon manager or other officer of a tax lagoon shall be held personally liable for the obligations of the tax lagoon. The tax lagoon shall indemnify the lagoon managers or other officers in accordance with § 4003 of Title 10 for all tort claims. 73 Del. Laws, […]
§ 4357. Limitation on borrowing power of tax lagoon. A tax lagoon may borrow money pursuant to this chapter with the consent of a majority of the votes cast at a meeting duly called under § 4348 of this title. No tax lagoon shall borrow money in excess of 90 percent of the total assessment […]
