Delaware § 3510 - Renewal and dissolution of a neighborhood improvement district.

§ 3510. Renewal and dissolution of a neighborhood improvement district.

(a) Renewal of a NID. — (1) Prior to expiration of a sunset provision of a NID and following a review by County Council of the NID and the enhanced services provided therein, the County Council may extend the NID up to 5 years by voting to extend the ordinance with no changes to the Final NIDP.

(2) Following the review of the NID and the enhanced services provided therein, the County Council may consider an extension of the NID with changes to the Final NIDP. Such changes proposed prior to the end of a sunset provision are not considered amendments to the Final NIDP for purposes of this chapter and may be made through the procedure for adopting a Proposed Final NIDP under § 3505(d) through (f) of this title.

(b) Dissolution upon expiration of the ordinance. —

Upon the expiration of the ordinance under the sunset provision required under § 3505(c)(3)d. of this title, unless the NID has earlier been renewed by the Council under subsection (a) of this section, the NID must be dissolved, subject to the provisions of subsections (d) and (e) of this section.

(c) Request for dissolution. — (1) A request for dissolution of a NID may be initiated by a nonexempt specially-assessed property owner or the County by means of a petition in a form established by the County. The County Council must hold a hearing to consider the request, consistent with the hearing and approval procedures set forth in this chapter to amend a Final NIDP.

(2) The request must be approved by at least 51% of specially-assessed property owners within the NID.

(d) Upon the dissolution of a NID, subject to the final audit under subsection (e) of this section, the property of the NID will pass as set forth in the county ordinance, with all unencumbered funds, if any, to be divided pro rata among the specially-assessed property owners consistent with applicable law and any agreement between the NIDMA and the County, and the NID will cease to exist.

(e) Final audit. —

Upon dissolution of a NID, the County Auditor or designee thereof, or an entity identified by County Council, must perform a final audit, and the audit results must be provided to all property owners and lessees of property in the NID and to County Council within 6 months after dissolution of the NID.

83 Del. Laws, c. 457, § 1;