Delaware Code (Titles 8, 9, 25, 30)

9 Del. C. § 1126

Local service functions; calculation of net county LSF cost and individual LSF tax rates

Official textdelcode.delaware.gov21 subsections

# (a)

New Castle County shall calculate the net county LSF cost for each local service function. The “net county LSF cost” equals the amount in the New Castle County budget for the local service function for the next fiscal year. The “net county LSF cost” is the amount of direct and indirect costs applicable to that local service function, and excludes service charges, grants, or other revenue or funds that New Castle County directly attributes or otherwise apportions to that local service function.

# (b)

Except as provided for fire protection under subsection (c) of this section, New Castle County shall convert the net county LSF cost for each local service function into a real property tax rate for each municipality and the unincorporated area by calculating each of the following for each municipality and the unincorporated area:

# (1)

The “share of New Castle County assessment”, which equals the taxable assessed value of all real property within a municipality or the unincorporated area divided by the aggregate taxable assessed value for all real property in the County.

# (2)

The “New Castle County service percentage” for a municipality, as determined under § 1102 of this title.

# (3)

The “weighted service share”, which equals a municipality’s or the unincorporated area’s share of New Castle County assessment multiplied by the municipality’s or the unincorporated area’s New Castle County service percentage.

# (4)

The “total weighted service amount”, which equals the sum of all weighted service shares.

# (5)

The “final service weight”, which equals a municipality’s or the unincorporated area’s weighted service share divided by the total weighted service amount.

# (6)

The “apportioned net LSF cost”, which equals the municipality’s or the unincorporated area’s final service weight multiplied by the net county LSF cost.

# (7)

The “individual LSF tax rate”, which equals the municipality’s or the unincorporated area’s apportioned net LSF cost divided by the taxable assessed value of all real property in the respective municipality or the unincorporated area, adjusted to reflect New Castle County’s estimated level of cash receipts.

# (c)

For fire protection that is partially financially supported but not directly provided by New Castle County and that is also partially financially supported but not directly provided by a municipality, New Castle County shall convert the net county LSF cost into a real property tax rate for each municipality and the unincorporated area that does not directly provide fire protection by calculating all of the following for each municipality and the unincorporated area:

# (1)

The “service area share”, which equals the taxable assessed value of real property within the municipality or the unincorporated area not directly providing fire protection divided by the sum of the taxable assessed value for all real property in the unincorporated area and all municipalities not directly providing fire protection.

# (2)

The “apportioned gross amount”, which equals the service area share multiplied by the net county LSF cost for fire protection.

# (3)

The “net New Castle County fire protection cost”, which is New Castle County’s contribution of funds or in-kind services to volunteer fire companies within New Castle County, increased by indirect costs applicable to fire protection and decreased by service charges, grants, or other revenue that New Castle County directly attributes or otherwise apportions to fire protection.

# (4)

The “credit percentage”, which equals the municipality’s actual direct contribution of funds or in-kind contributions of goods or services to a volunteer fire company in the previous year, divided by the municipality’s apportioned gross amount. The “credit percentage” may not exceed 100%. The “credit percentage” is 0% for the unincorporated area.

# (5)

The “New Castle County fire protection percentage”, which equals 100% minus the municipality’s credit percentage. The “New Castle County fire protection percentage” for the unincorporated area is 100%.

# (6)

The “weighted service share”, which equals the municipality’s or the unincorporated area’s service area share multiplied by the municipality’s or the unincorporated area’s New Castle County fire protection percentage.

# (7)

The “total weighted service amount”, which equals the sum of the weighted service shares.

# (8)

The “final service weight”, which equals the municipality’s or the unincorporated area’s weighted service share divided by the total weighted service amount.

# (9)

The “apportioned net LSF cost”, which equals the final service weight multiplied by the net county LSF cost for fire protection.

# (10)

The “individual fire protection tax rate” which equals the municipality’s or the unincorporated area’s apportioned net fire protection cost divided by the taxable assessed value of real property in the respective municipality or the unincorporated area, adjusted to reflect New Castle County’s estimated level of cash receipts.

# (d)

New Castle County shall adopt policies and procedures to implement this section.

Amendment history

83 Del. Laws, c. 7, § 3; 83 Del. Laws, c. 7, § 10

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