Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 5406
Conditions precedent to issuance of bonds
Before issuing any bonds, the Levy Court shall:
# (1)
Designate by resolution an area within the County as a “TIF District.”
# (2)
Receive from the assessor a certification as to the amount of the original assessed value.
# (3)
Pledge that until the bonds have been fully paid, or thereafter, the property taxes on real property within the TIF District shall be divided and applied as follows:
a. That portion of the taxes which would be produced by the rate at which taxes levied each year by or for the County upon the original assessed value shall be allocated to and when collected paid into the funds of the taxing body in the same manner as taxes by or for the taxing body on all other property are paid.
b. That portion of the taxes representing the levy on the tax increment that would normally be paid to the County shall be paid into a special fund to be applied in accordance with the provisions of § 5408 of this title.
c. That portion of the taxes representing the levy on the tax increment that would normally be paid to a taxing body other than the County shall be allocated to and, when collected, paid into the funds of such taxing body in the same manner as taxes by or for the taxing body on all property are paid, or any other manner that public agencies so determine (school districts, etc.); provided, however, if such taxing body has agreed pursuant to § 5410 of this title that such taxes shall be paid into a special fund created in accordance with § 5407 of this title, then such taxes shall be paid into such special fund.
Amendment history
81 Del. Laws, c. 25, § 1
Source: view the official text
In this title (40 sections)
- 9-5104 · Removal of lights
- 9-5201 · Definitions
- 9-5202 · Establishing a stormwater maintenance district
- 9-5203 · Public hearing
- 9-5204 · Creation of stormwater maintenance district
- 9-5205 · Agreements for stormwater maintenance authorized
- 9-5206 · Award of contracts
- 9-5207 · Levy and collection of stormwater maintenance fee
- 9-5208 · Administration of funds
- 9-5209 · Continuation and termination of contracts; consolidation of…
- 9-5210 · Annual budgeting
- 9-5301 · Authority to issue
- 9-5302 · Limited obligations
- 9-5303 · Form; terms
- 9-5304 · Conflicting laws
- 9-5401 · Title
- 9-5402 · Definitions
- 9-5403 · Bonds to finance development of industrial, commercial, or…
- 9-5404 · Payment of bonds
- 9-5405 · Application of bond proceeds
- 9-5406 · Conditions precedent to issuance of bonds
- 9-5407 · Resolution creating special fund
- 9-5408 · Uses of special fund
- 9-5409 · Pledge of revenue from taxes on tax increment into other fund
- 9-5410 · Agreements to pay revenue from taxes on tax increment into…
- 9-5411 · Ordinance authorizing bonds
- 9-5412 · Exemption of bonds from taxation
- 9-5413 · Nature and incidents of bonds
- 9-5414 · Taxation of leased property in TIF District
- 9-5415 · TIF District consistency with certified comprehensive plan
- 9-5416 · Referendum
- 9-5417 · Construction of chapter
- 9-5501 · Definitions
- 9-5502 · Special taxes authorized; purpose; requirements and…
- 9-5503 · Authority granted; section self-executing
- 9-5504 · Bonds payable from special fund; complementary powers of…
- 9-5505 · Special fund
- 9-5506 · When no bonds or other obligations outstanding
- 9-5507 · Adoption of ordinance to implement authority
- 9-5508 · Taxation of bonds