[HISTORY: Adopted by the Levy Court of Kent
County 7-14-1992 by Ord. No. 92-08. Amendments noted where applicable.]
Pursuant to Delaware Code, Title 9, §§ 4101-4111,
inclusive, as amended, and to implement the powers conferred thereunder,
it is hereby determined and declared by the Levy Court of Kent County,
Delaware as a matter of legislative finding that:
A.
The good order of Kent County and the health, safety
and welfare of its citizens depend upon the steady employment, in
useful occupations, of the citizens of the county.
B.
In certain areas of the county, many citizens are
employed sporadically or not at all and opportunities for employment
are limited. This condition wastes vital human resources, impairs
the security of family life, prevents many of the youth of the county
from completing their education and finding gainful employment, contributes
to the growth of crime and delinquency, impedes the balanced development
of the county, threatens the economic stability of the county, discourages
thrift and depresses the standard of living of the citizens of the
county, all to the detriment of the public health, safety, welfare
and order.
C.
Stable and useful employment can be made available
for the citizens of the county by enhancing the inducements for new
industries to do business, locate, remain and expand in the county.
D.
There is a continuing need to prevent the decline
in business employment in all sectors of the county's economy and
to reduce unemployment and cyclical employment within the county.
Promoting a vigorous and growing economy and expanding employment
and job opportunities will result in a higher standard of living,
the fostering of sound neighborhoods, increased availability of decent,
safe and sanitary housing, help eliminate crime, high cost of welfare
and promote sound growth of the county.
A.
There is hereby established a Kent County AeroPark
Development Authority, hereinafter referred to as the "Authority."
B.
The responsibilities of the Authority shall be to
develop, promote and administer the Kent County AeroPark located on
Horsepond Road in the City of Dover. The Levy Court may charge the
authority with additional development projects in the future, such
as the administration of Revenue Bonds or a revolving loan program
for businesses.
The Authority shall assume full responsibility
to accomplish its mission and is hereby given the necessary powers
as described below to do so:
A.
Develop the policies and guidelines under which the
staff will operate.
B.
Create development standards and covenants to ensure
a high quality industrial park.
C.
Develop land leases, recommend lease costs and terms.
D.
Administer the construction of the park.
E.
Administer state or federal grants related to the
park.
F.
Promote and actively seek tenants for the park. Screen
potential tenants and develop the necessary applications, formats,
etc., in accordance with EDA and other requirements.
G.
Maintain the park.
H.
Employ, in accordance with mandated bid procedures,
engineers, architects and such other contractors and consultants as
necessary to carry out its objectives.
[Amended 2-14-2012 by Ord. No. 12-02]
A.
The
County government shall appoint the AeroPark Authority to consist
of seven members.
B.
The
members shall be appointed for an undefined term concurrent with that
of the appointing Commissioner, to be served at the pleasure of a
majority of the Levy Court. Each Levy Court Commissioner shall be
entitled to submit the name of a qualified appointee residing in his
or her district for consideration and confirmation by the Levy Court.
C.
The term of the appointee who continues to meet the residency requirement as expressed in § 5-4D below shall continue until a successor is named by the Levy Court Commissioner in whose district the appointee resides and is confirmed by the Levy Court.
D.
During
the term of the appointment, a member must maintain primary residence
within the Levy Court district from which appointed. If a member ceases
to meet the residency requirement due to taking residence outside
the district or due to redistricting, his or her appointment shall
terminate as follows:
(1)
Upon the appointment of his or her successor; or
(2)
Upon the expiration of one year from the date of noncompliance with
the residency requirement; or
(3)
Upon a notice of nonconsent expressed by the Levy Court Commissioner
(other than the at-large Commissioner) representing the Levy Court
district within which the member resides after ceasing to meet the
residency requirement.
E.
Persons
appointed to the AeroPark Authority shall be individuals with knowledge,
experience, and/or professional backgrounds in finance, commercial
real estate, law, manufacturing, sales and marketing, engineering,
or similar professional background deemed to be appropriate by Levy
Court.
F.
The
membership of the AeroPark Authority shall select a member to serve
as Chairman and a member to serve as Vice Chairman as set forth in
the bylaws of the AeroPark Authority.
H.
Appointments
to the AeroPark Authority are noncompensated public service positions.
The Authority shall be governed by a set of
bylaws. Said bylaws shall be approved by Levy Court before becoming
operative.
Recognizing that confidentiality is extremely
important in economic development activities, all dealings by the
Authority and (or its staff) with prospects may be held confidential.
Members of the Authority agree not to divulge any client's name who
is working with the Authority, unless said client has indicated no
objection to doing so. The bylaws will address this issue in detail.
The Authority, through its Chairman and Director,
will report to the Levy Court on a regular basis. The members of the
Authority will be responsible for keeping the organization they represent
informed of the Authority's activities.
A.
A budget will be established for the Authority on
an annual basis and all credits and debits will be charged off to
budget line items. The budget will be approved by Levy Court and only
budgeted expenses shall be allowable.
B.
Department
of Finance.
[Amended 2-14-2012 by Ord. No. 12-02]
C.
The Authority will work within EDA-grantee guidelines,
as well as adhere to guidelines by the state and other potential grantors.
The members and employees of the Authority shall
be bound by the provisions of Kent County Ordinance 89-10, "A Code
of Ethics For The Kent County Levy Court."[1]
[Added 2-14-2012 by Ord. No. 12-02]
A.
A simple majority of four members of the AeroPark Authority shall
be constitute a quorum and shall be required to conduct any meeting
or to consider any motion.
B.
The AeroPark Authority shall meet at least four times per year with
such required meetings to be scheduled on a quarterly basis throughout
the calendar year, and may meet more frequently, or on a regular basis
to be determined by majority vote of the AeroPark Authority.
[Added 2-14-2012 by Ord. No. 12-02]
A.
The professional staff of the Kent County Division of Economic Development
and Business Assistance shall serve as staff to the AeroPark Authority
and shall manage the activities of the Authority.
