Subject to available funding, and as provided for in this chapter and the agreement between the County and the NIDMA, a NIDMA has, in addition to any other powers provided pursuant to the charter establishing the nonprofit corporation, the power to:

(1) Sue or be sued, implead or be impleaded, complain, and defend in all courts.

(2) Employ necessary staff or contract for the provision of same.

(3) Prepare planning or feasibility studies or contract for the preparation thereof to assess enhanced services within the NID.

(4) Provide for enhanced services and related programs within the NID.

(5) Contract for the provision of enhanced services within the NID.

(6) Determine the appropriation and expenditure of NID funds, which may include federal, state, and county funds received by the Office of Finance on behalf of the NIDMA; provided that the funds must be administered by the Office of Finance on behalf of, and as directed by, the NIDMA and in accordance with any specific provisions contained in this chapter and the agreement between the County and the NIDMA. Such funds are to be used in connection with cost of services and to provide for enhanced services within the NID, including, district-wide snow removal, district-wide trash removal, and maintenance of open space.

(7) Solicit in-kind services or financial contributions from any owners of exempt property located within the NID in lieu of special assessment fees. This may include entering into voluntary agreements between the NIDMA and any owners of exempt property for the provision of same.

(8) Designate an optional district advisory committee, to be referred to as the District Advisory Council (“DAC”), for each NID. Each DAC must consist of an odd number of members, between 5 and 9, who are representative of the neighborhood‘s character, including age, gender, and cultural diversity, and must include at least 2 nonexempt specially-assessed property owners.

(9) Obtain or apply for funds from any source for which the NID may be eligible, including grants and government programs. Any funds obtained from a source other than special assessments of nonexempt property owners must be used to offset the obligations of the nonexempt property owners in the NID.

(10) Engage in any action or advocacy in furtherance of the purposes of this chapter.

83 Del. Laws, c. 457, § 1;

Terms Used In Delaware Code Title 9 Sec. 3507

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost of services: includes consulting fees, professional fees, preliminary planning expenditures, feasibility study expenditures, financing costs, administrative costs, and any other expenditures necessary or incidental to the development or provision of enhanced services and related programs. See Delaware Code Title 9 Sec. 3503
  • District advisory council: means an optional advisory committee comprised of property owners and residents from the neighborhood improvement district that may be established under § 3507 of this title for the purpose of providing recommendations to the neighborhood improvement district management association regarding needed enhanced services within the district. See Delaware Code Title 9 Sec. 3503
  • Enhanced services: means additional or increased services aimed at improving the ability of property owners and residents to enjoy a safer and healthier neighborhood due to the provision of expanded services, which include services such as district-wide street cleaning, district-wide snow removal, district-wide trash removal, and maintenance of open space. See Delaware Code Title 9 Sec. 3503
  • Neighborhood: means a limited geographic area situated within an unincorporated area of New Castle County and located in a residential district, the limits of which form the neighborhood improvement district boundaries, as identified on a filed record plan. See Delaware Code Title 9 Sec. 3503
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302