As used in this chapter, unless a different meaning clearly appears from the context:
(1) The term "County" shall mean Kent County.
(2) The term "district" or the term "county sewer district" shall mean any sewage disposal district or sanitary district established
pursuant to this chapter.
(3) The term "sewage disposal district" shall mean a county sewer district established to provide 1 or more sewer facilities
necessary or convenient for the transmission, final treatment and disposal of effluent received from the sewage collection
facilities of a sanitary sewer district or from any other source as specifically provided herein.
(4) The term "sanitary district" shall mean a county sewer district established to provide 1 or more facilities necessary
or convenient for the collection of sewage, the treatment of such sewage and delivery of such treated effluent into the facilities
of a sewage disposal district for final treatment.
(5) The term "sewage" shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable
for treatment and disposal through the facilities of sewage treatment plants.
9 Del. C. 1953, § 4601; 56 Del. Laws, c. 103, § 13.;
§ 4602. Purpose.
(a) The county government may establish or extend 1 or more county sewage disposal districts and county sanitary districts
in the manner hereinafter provided for the purpose of the collection, transmission, treatment, and disposal of sewage.
(b) A county district established or extended hereunder may consist of 2 or more noncontiguous areas.
(c) Sanitary districts may only be established or extended within the boundaries of a sewage disposal district.
9 Del. C. 1953, § 4602; 56 Del. Laws, c. 103, § 13.;
§ 4603. Planning.
(a) The county government may:
(1) Assemble data, and develop plans relating to the collection, transmission, treatment and disposal of sewage within the
County, and relating to the elimination or alleviation of sewage problems; and
(2) Study the possibility of developing and utilizing existing facilities to make them available to the several municipalities,
and other political subdivisions and unincorporated areas within the County.
(b) The county government on its own motion may cause a preliminary report including maps and plans to be prepared for the
establishment of a certain area or areas of the County as a county district. Such maps and plans shall show:
(1) The boundaries of the area or areas which the county government in its judgment considers will be benefited directly or
indirectly by the particular project;
(2) A description of the area or areas sufficient to permit definite and conclusive identification of all parcels of property
included therein;
(3) The proposed location of all facilities such as lateral, trunk, interceptor and outfall sewers, pumping stations, and
treatment and disposal facilities;
(4) Estimates of the cost of construction of the facilities as shown on the maps and plans; and
(5) The method of financing such facilities.
If the report shall contain recommendations for the establishment of 2 or more zones of assessment within a county district,
the maps and plans shall show the boundaries of each of such zones and the estimated initial allocation of the cost of construction
of the facilities recommended to be charged to each of such zones.
(c) The county government may employ or contract for such engineering, legal, professional and other assistance as from time
to time may be needed, and may incur such other expenses as may be necessary to carry out the powers herein set forth.
9 Del. C. 1953, § 4603; 56 Del. Laws, c. 103, § 13.;
§ 4604. Public hearing.
(a) Upon completion of the preliminary report and the maps and plans, the county government shall call a public hearing upon
a proposal to establish a county district to comprise the area or areas defined in such maps and plans.
(b) The county government shall cause a notice of public hearing to be posted in 4 public places within the proposed district
and shall cause a notice of the public hearing to be published at least once in a newspaper published within the County and
having a general circulation therein. The first publication thereof shall be not less than 10 days before the date set therein
for the hearing. The notice of hearing shall contain a description of the area or areas to be included within the proposed
district, and if the report shall have recommended the establishment of zones of assessment, a description of the area or
areas to be included within such zones, the improvement proposed, the maximum amount proposed to be expended for the improvement,
the allocation of such maximum amount as between the zones of assessment recommended, if any, and shall specify the time and
the place where the county government will meet to consider the matter and to hear all parties interested therein concerning
the same. In the event that zones of assessment and allocation of cost of the facilities between such zones of assessment
are provided for, said notice shall further state that said zones of assessment and said allocations of cost may be changed
from time to time by resolution of the county government adopted after a public hearing whenever said county government shall
determine that such changes are necessary in the public interest.
9 Del. C. 1953, § 4604; 56 Del. Laws, c. 103, § 13.;
§ 4605. Representation by municipalities and districts.
At the public hearing on the establishment of a county district which includes the whole or any part of a district furnishing
a similar service as the proposed district, a city or a town, such district, city or town, may be represented by an officer
of the district, city or town, duly designated by the governing body of such district, city or town to attend.
9 Del. C. 1953, § 4605; 56 Del. Laws, c. 103, § 13.;
§ 4606. Establishment of the county district.
(a) Upon the evidence presented at the public hearing, and after due consideration of the maps and plans, reports, recommendations
and other data filed with it, the county government shall determine by resolution whether or not the proposed district and
facilities are satisfactory and sufficient, and if it shall determine such question in the negative, it may proceed to make
a further study. The county government may make such further study and amend and revise the maps and plans and estimate of
cost in conformance with its findings. If the revised maps and plans and revised estimate alter the estimated maximum expenditure
for the project, alter the boundaries of the proposed district, alter the boundaries of zones of assessment or change the
allocation or cost of the facilities as between zones of assessment, the county government shall call a further public hearing
thereon in the manner provided in § 4604 of this title. When the county government shall find that the proposed district and
facilities are adequate and appropriate, it shall further determine by resolution (1) whether all the property and property
owners within the proposed district are benefited directly or indirectly thereby, (2) whether all of the property and the
property owners so benefited are included within the limits of the proposed district, (3) whether it is in the public interest
to establish the district, and (4) if said maps and plans and reports recommend the establishment of zones of assessment and
the allocation of the cost of the facilities as between such zones of assessment, whether such zones of assessment and the
allocation of the cost of the facilities thereto represent as nearly as may be the proportionate amount of benefit which the
several lots and parcels of land in such zones will derive therefrom.
(b) If the county government shall determine that it is in the public interest to establish the district, but shall find that
(1) any part or portion of the property or property owners within the proposed district are not benefited directly or indirectly
thereby, or (2) that certain property owners benefited directly or indirectly thereby have not been included therein, or (3)
if zones of assessment are proposed to be established and the cost of facilities allocated among said zones of assessment,
that any part or portion of the property of property owners within a proposed zone of assessment should be placed in a different
zone or that a different allocation of the cost should be made as between the zones of assessment, the board shall cause the
necessary changes of the boundaries of the proposed district, or the necessary changes of the boundaries of any proposed zone
of assessment or the necessary changes as to the allocation of costs, as the case may be, to be made, and the board shall
call a further hearing at a definite place and time not less than 10 nor more than 30 days after such determination. Notice
of such further hearing shall be published in the manner provided in § 4604 of this title, except that such notice shall also
specify the manner in which it is proposed to alter the boundaries of the proposed district, or the boundaries of the zones
of assessment or the allocation of the cost of the facilities as between said zones of assessment, as the case may be. If
and when the board shall determine in the affirmative all of the questions set forth above, the board may adopt a resolution
approving the establishment of the district, as the boundaries shall be finally determined, and the construction of the improvement,
and if zones of assessment have been established and an allocation of the costs of the facilities made as between such zones
of assessment, further approving the establishment of the initial zones of assessment and the initial allocation of the costs
of the facilities as between said zones of assessment. Such resolution shall be subject to referendum upon petition as hereinafter
provided.
9 Del. C. 1953, § 4606; 56 Del. Laws, c. 103, § 13.;
§ 4607. Referendum upon petition.
(a) Within 10 days after the adoption of a resolution subject to referendum upon petition, the county government shall cause
a notice to be published at least once in a newspaper published within the County and having a general circulation therein.
Such notice shall contain a true copy of the resolution, the date of adoption thereof, and a statement that such resolution
is subject to referendum upon petition.
(b) Such resolution shall not take effect until 30 days after its adoption; nor unless it is approved by the affirmative vote
of a majority of qualified electors of the proposed district, voting thereon, if within 30 days after its adoption there be
filed with the county government a petition signed by 10 percent of the electors of the proposed district.
(c) Such petition shall state that a referendum is requested on such resolution describing the same by its date of adoption,
and shall contain an abstract of the text thereof. The petition may consist of separate sheets and the signatures to each
sheet shall be acknowledged by the signer thereof or it may be proved by the oath of a witness who shall swear that he knows
the signer and that the petition was signed in the presence of the witness. If the petition be sufficient and valid, the county
government shall by resolution fix a date not less than 45 days after its adoption by which a proposition as herein provided
for is to be submitted to a general or special election.
(d) Within 30 days after the adoption of a resolution which is subject to referendum upon petition, the county government
may, on its own motion, provide that such resolution be submitted to a vote of the qualified resident electors of the district.
Notice of the election shall be advertised in the same manner as provided in § 4604 of this title for advertising a public
hearing. The cost of the election shall be borne by the County, which shall be reimbursed for such cost by the district, if
established. The proposition for the submission of a resolution of the county government to the approval of the voters pursuant
to this chapter, shall contain an abstract of such resolution stating the purpose and effect thereof. The Clerk of the county
government shall prepare such abstract with the advice of the Attorney for the county government and shall transmit the proposition,
in the form in which it is to be submitted, to the county government who shall submit same at a general or special election
in accordance with the provisions of this chapter. Each person or legal entity entitled to vote shall have 1 vote and shall
have an additional vote for each $1,000 of total assessed value of real property and buildings thereon owned by such person
or legal entity, such valuation to be determined by the records of the Kent County Board of Assessment. The majority of votes
cast shall decide the matter. The election shall be managed and the votes canvassed in such manner as may be prescribed by
the county government. Every citizen who resides in the proposed sewer district and who would be entitled at the time of the
holding of such election to register and vote at a general election, if such general election were held on the day of such
election in the proposed sewer district, may vote at such election whether or not he is at the time a registered voter.
9 Del. C. 1953, § 4607; 56 Del. Laws, c. 103, § 13; 56 Del. Laws, c. 241, § 4.;
§ 4608. Review.
Any interested party aggrieved by the final determination made by the county government establishing the district or authorizing
the increase and improvement of facilities previously authorized for an existing district, may make application for review
by a court of competent jurisdiction, of any and all of the final determinations made by the county government in connection
with the proceeding establishing the district or authorizing the increase for improvements of facilities previously authorized
for an existing district; provided, that application for review is made within 30 days from the effective date of the resolution
establishing the district, or extending the boundaries thereof, or the adoption of a resolution authorizing the increase and
improvement of facilities previously authorized for an existing district. Unless such application is made within 30 days as
aforesaid, the resolution establishing the district, extending the boundaries thereof, or authorizing the increase and improvement
of facilities previously authorized for an existing district shall be final and conclusive, and shall be presumptive evidence
of the regularity of the proceedings for the establishment of the district for the extension thereof or for the authorization
of the increase and improvement of facilities previously authorized for an existing district, and all other actions taken
by the county government in relation thereto.
9 Del. C. 1953, § 4608; 56 Del. Laws, c. 103, § 13.;
§ 4609. Validation of prior establishment of districts.
Any district heretofore established pursuant to the provisions of this chapter is hereby declared and determined to have been
validly established, regardless of the failure of the county government or any of its officials or employees to comply with
the requirements as to the establishment of such district set forth in this chapter, and notwithstanding that any of the proceedings
taken to establish such district were not validly taken, and notwithstanding that the area of the district is less than the
area in which the proposed sewage improvements are to be constructed and that such sewage improvements will serve an area
greater than the area of such district; provided, however, that any assessment levied on the lots and parcels of land in such
district or any extension thereof shall be in proportion as nearly as may be to the benefit which each parcel would derive
from such proposed sewage improvements, regardless of the total cost of such sewage improvements. Sewage disposal systems
may be constructed on behalf of any such district either within or without the area of the district, to serve the district,
any other district heretofore or hereafter established, and any municipality or other political subdivision of the State or
agency which may contract for the use and services of the sewage system. Bonds of the county government may be issued to finance
the cost of such sewage system whether authorized by bond resolutions heretofore or hereafter adopted by the county government.
The bonds shall be payable in the manner provided by § 4656 of this title.
9 Del. C. 1953, § 4608A; 57 Del. Laws, c. 108, § 1.;
§ 4610. Plans and specifications.
After a district shall have been established, the county government shall cause to be prepared by the County Engineer or duly
licensed engineer employed or contracted for that purpose, detailed plans and specifications for the improvement, a detailed
estimate of the expense, and with the assistance of the attorney for the county government, or other legal or professional
help employed or contracted for that purpose, a proposed contract or contracts for the execution of the work.
9 Del. C. 1953, § 4609; 56 Del. Laws, c. 103, § 13.;
§ 4611. Contracts.
(a) All contracts or orders for work, material or supplies, performed or furnished in connection with construction, shall
be awarded by the county government by or pursuant to resolution. Such contracts or orders for work, material or supplies
needed for any particular purpose involving an expenditure of more than $2,000 shall be awarded only after inviting sealed
bids or proposals therefor. The notice inviting sealed bids or proposals shall be published at least once in a newspaper or
trade paper selected by the county government for such purpose, such publication to be at least 10 days before the date for
the receipt of bids. If the county government shall not deem it in the interest of the county government to reject all bids,
it shall award the contract to the lowest bidder, unless the county government shall determine that it is in the public interest
that a bid other than the lowest bid should be accepted.
(b) The bidder whose bid is accepted shall give security for payment for materials and for the faithful performance of the
contract, for maintenance following completion, and for such other purposes as the county government may require. The sufficiency
of such security shall be determined by the county government. All bids or proposals shall be publicly opened by the county
government or its duly authorized agent. If the bidder whose bid has been accepted shall neglect or refuse to accept the contract
within 5 days after written notice that the same has been awarded to him on his bid or proposal, or, if he accepts but does
not execute the contract and give proper security, the county government shall have the right to declare his deposit forfeited,
and thereupon it shall be readvertised and relet as above provided. In case any work shall be abandoned by any contractor,
the county government may, if the best interests of the district be thereby served, adopt on behalf of the district any or
all subcontracts made by such contractor for such work and all such subcontractors shall be bound by such adoption if made;
and the county government shall in the manner provided herein advertise and relet the work specified in the original contract
exclusive of so much thereof as shall be provided for in the subcontract or subcontracts so adopted.
(c) Notwithstanding the provisions of this section or any other provision of law, the county government may contract for engineering,
legal or other professional services requiring special skill or training for any project authorized by this chapter without
requesting competitive bids or proposals, and without awarding such contract to the lowest bidder.
9 Del. C. 1953, § 4610; 56 Del. Laws, c. 103, § 13.;
§ 4612. Powers of the county government.
In addition to other powers which it has in reference to a district or extension thereof, the county government may:
(1) Plan, construct, reconstruct, improve, better or extend a sewage system or systems, acquire by gift, purchase, lease or
the exercise of the right to eminent domain, a sewage system or lands or rights in land in connection therewith; on behalf
of a district, acquire by purchase or lease any sewage collection, treatment or disposal facilities owned, maintained or operated
by any municipal, public or district corporation, or special district, and such agencies shall have the power to sell or lease
such facilities to a county sewer district, notwithstanding that such sewage facilities have already been devoted to and are
held for public use; and may, instead of making any cash payment agreed or required to be made to the municipal, public or
district corporation or special district, as compensation for such sewage facilities, agree to pay the principal of and interest
on outstanding bonds issued by or on behalf of such municipal, public or district corporation or special district, of a principal
amount not exceeding any lump sum amount agreed upon as consideration for such purchase or lease, as such principal and interest
shall become due and payable;
(2) Operate and maintain a sewage system or systems, and furnish the services and facilities rendered or afforded thereby;
(3) Enter into and perform contracts, whether long term or short term, with any industrial establishment, municipality, district
or agency of the state or federal government for the provision and operation by the county sewer district of a sewage system
to abate or reduce the pollution of waters caused by discharges of sewage and industrial wastes by such industrial establishment,
municipality, district or agency of the state or federal government; and such contract may provide for the payment periodically
by the industrial establishment, municipality, district or agency of the state or federal government to the county sewer district
of amounts to compensate the county sewer districts for the cost of providing (including payment of principal and interest
charges, if any) and of operating and maintaining the sewage system or part thereof serving such industrial establishments,
municipality, district or agency of the state or federal government;
(4) After appropriate notice, require a municipality, public or district corporation or special district which maintains or
operates any sewage collection treatment or disposal facilities within the area of a county sewage disposal district, established
pursuant to the provisions of this chapter, to connect to and utilize the sewage system and facilities of such county sewage
disposal district in order to abate or reduce the pollution of waters caused by discharges of sewage and industrial waste;
(5) Accept from any authorized agency of the state or federal government, or from persons, firms or corporations, loans, grants
or contribution for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of
any sewage system and enter into agreements respecting such loans, grants and contributions;
(6) Accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state
government or from interstate agencies established by law to accomplish the purposes of this chapter, and may pay the interest
and amortization of such loans;
(7) Enter into and perform contracts with any person for the sale of effluent products;
(8) After a public hearing called and held in a manner provided in § 4604 of this title, adopt, amend, and repeal from time
to time ordinances, resolutions, and rules and regulations for the operation of a county sewer district and the use of the
sewerage system therein, including regulation of the manner of making connections and the construction to the system and all
facilities and appurtenances associated therewith; and
(9) Impose a fine of not less than $500 or more than $10,000 for a violation of any ordinance, resolution or rule or regulation,
so adopted by the county government relating to operation of a county sewer district and the use of the sewerage system therein,
including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances
associated therewith.
9 Del. C. 1953, § 4611; 56 Del. Laws, c. 103, § 13; 68 Del. Laws, c. 370, § 1; 74 Del. Laws, c. 341, §§ 1, 2.;
§ 4613. Preliminary expenses.
The preliminary expenses incurred for the preparation of maps, plans, studies, reports and other matters relating to the establishment
or extension of a sewer district as authorized by this chapter, shall be a county charge and shall be assessed, levied and
collected in the same manner as other county charges. If the county government shall thereafter establish or extend a sewer
district and construct a sewer system therein pursuant to the provisions of this chapter, the expenses incurred by the county
government as set forth above shall be deemed to be part of the cost of such improvement and the County shall be reimbursed
for the whole amount paid therefor, or for such portion of that amount which the county government shall allocate against
such district or extension. In the event the district is not established or extended, the county government may issue bonds
to finance the above cost either in whole or in part, pledging the full faith and credit of the County to the punctual payment
of the bonds and the interest thereon. Such bonds may be issued for a period of not to exceed 5 years from their respective
dates.
9 Del. C. 1953, § 4612; 56 Del. Laws, c. 103, § 13.;
§ 4614. Sewage charges and revenues.
(a) The county government may, after a public hearing called and held in the manner provided in § 4604 of this title, by ordinance
or resolution, establish charges for the use of a sewage system or any part or parts thereof. Such charges may be based on
any of the following:
(1) The consumption of water on the premises connected with and served by the sewage system or such part or parts thereof;
(2) The number and kind of plumbing fixtures on the premises connected with and served by the sewage system or such part or
parts thereof;
(3) The number of persons served on the premises connected with and served by the sewage system or such part or parts thereof;
(4) The volume and character of sewage, industrial waste and other waste discharged into the sewage system or such part or
parts thereof; or
(5) Any other equitable basis determined by the county government including but not limited to any combination of the foregoing.
(b) Such sewage charges, together with the amount of any penalty and interest prescribed by the county government and due
for nonpayment of such charges, shall constitute a lien upon the real property served by the sewage system or such part or
parts thereof for which sewage charges shall have been established and imposed. The lien shall be prior and superior to every
other lien or claim except as otherwise may be provided by law.
(c) The county government on behalf of a sewer district may bring and maintain an action:
(1) To collect sewage charges in arrears including penalties and interest; or
(2) To foreclose liens for such sewage charges.
As an alternative to the maintenance of any such action, the county government may annually cause a statement to be prepared
stating the amount of each lien for sewage charges in arrears including penalties, the real property affected thereby, and
the name of the person in whose name such real property is assessed. The county government shall cause to be levied the amounts
contained in such statements against the real property at the same time and in the same manner as county taxes, and such amounts
shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the
same manner and at the same time as may be provided by law for the collection and enforcement of county taxes.
(d) The ordinance or resolution establishing and imposing sewage charges:
(1) Shall describe the sewer system or the part or parts of the sewer system for which such charges shall be established and
imposed;
(2) Shall prescribe the basis for such charges;
(3) Shall provide for the date or dates on which sewage charges shall become due and payable; and
(4) May provide for penalties and interest for sewage charges in arrears, or for discounts for the prompt payment of such
charges, or for penalties, interest and discounts.
9 Del. C. 1953, § 4613; 56 Del. Laws, c. 103, § 13.;
§ 4615. Expense of the improvement.
The cost of establishment of a county sewer district and the furnishing of the improvement therein shall include the amount
of all contracts, the cost of all lands and interests therein necessarily acquired, the cost of erection of necessary facilities
and appurtenances for operation or administration of the improvement, the cost of necessary equipment for operation or administration
of the improvement, printing, publishing, interest on loans, legal, engineering and other professional services, and all other
expenses incurred or occasioned by reason of the establishment or extension of the district and the furnishing of the improvement.
In addition, there shall be apportioned against, charged to and included in such cost, such allowance as the county government
may make for expenditures which are directly attributable to the establishment or extension of the district as well as for
any services rendered by the attorney for the county government, the County Engineer or any other salaried county officer
or employee when such services have been necessary to or occasioned by reason of the establishment of the district.
9 Del. C. 1953, § 4614; 56 Del. Laws, c. 103, § 13.;
§ 4616. Increase and improvement of facilities.
Whenever the county government shall determine it necessary to acquire additional lands or interests in lands or to acquire
or to construct additional trunk, interceptor and outfall sewers, pumping stations, treatment and disposal works and appurtenances,
lateral sewers or other facilities, or whenever the county government shall determine it necessary for the purpose of the
operation and maintenance of such facilities to increase, improve and reconstruct the facilities thereof, including the acquisition
of additional lands or interests in lands, it may cause the same to be accomplished without further authorization; provided,
however, that if it is proposed to finance any part of the cost thereof by the issuance and sale of county obligations, such
improvement shall not be undertaken unless authorized by proceedings taken in the same manner as the proceedings taken for
the original establishment or extension of the district except that the sole determination which the county government shall
make is whether such improvement is in the public interest, and, if zones of assessment have been established, said county
government shall further determine the allocation of the cost thereof as between such zones.
9 Del. C. 1953, § 4615; 56 Del. Laws, c. 103, § 13.;
§ 4617. Increase of maximum amount to be expended.
At any time after the establishment of a district or extension thereof pursuant to this chapter, the maximum amount authorized
to be expended for the original improvement in such district or extension thereof may be increased by a resolution of the
county government, provided the county government shall, after a public hearing called and held in the manner provided in
§ 4604 of this title, determine that it is in the public interest to authorize an increase of such maximum amount. If zones
of assessment have been established, such resolution of the county government shall further provide for the allocation of
such increase as between such zones of assessment and the notice of such public hearing shall state such allocation.
9 Del. C. 1953, § 4616; 56 Del. Laws, c. 103, § 13.;
§ 4618. Method of assessment.
(a) The county government may determine to issue obligations of the County in such an amount as they may estimate to be sufficient
to pay the entire cost of the improvement, but not in excess of the maximum amount proposed to be expended for the improvement,
as stated in the notice of hearing, published pursuant to § 4604 of this title. In preparing the annual estimate of revenues
and expenditures for the County on behalf of the district or extension thereof, the county government shall include, in addition
to all costs of operation and maintenance for the next succeeding fiscal year, sums sufficient to pay the annual installments
of principal and interest on obligations issued on behalf of the district or extension thereof. The county government shall
thereupon annually levy a tax, unlimited as to rate or amount, upon the assessable property within the County in the amount
of the estimate of expenditures. In making such levy the county government shall take into account the estimates of revenues,
as set forth in the estimate so prepared, at a time to be fixed by it, and the amount of any assessments levied on behalf
of the County, as hereafter provided and due and payable in the fiscal year for which the estimates are prepared.
(b) The county government shall, after a public hearing, establish an annual assessment roll for the county sewer district
or extension thereof which shall be known as the "Sewer District Assessment Roll." The annual assessments may be apportioned,
by the county government, against the several lots and parcels of land in the district or extension thereof by 1 or more of
the following methods:
(1) An assessment on the lots and parcels of land in the district or extension thereof in proportion as nearly as may be to
the benefit which each parcel would derive from the improvement;
(2) If zones of assessment have been established and an allocation of the total estimated cost of the facilities has been
made to the zones, the amount of the cost of the facilities so allocated to any such zone of assessment may be apportioned
by an ad valorem assessment levied on all the lots and parcels of land within such zone;
(3) If zones of assessment have been established, as provided above, by assessment on the lots and parcels of land within
such zone in proportion as nearly as may be to the benefit which each parcel will derive from the improvement.
(c) Notice of the public hearing shall state that the assessment roll has been completed and filed, and the time and place
fixed for the public hearing. Notice of such public hearing shall be published in a newspaper, published within Kent County,
and having a general circulation therein at least once, not less than 7 days immediately preceding the date of the public
hearing. At the time and place specified, the county government shall meet and hear and consider any objections to the assessment
roll, and may change or amend the same as it deems necessary or just, may affirm and adopt the same as originally proposed
or as amended or changed, or the county government may prepare a new roll. No amended, changed, or new roll shall be adopted,
unless the county government shall hold another hearing thereon, in the manner and upon the notice prescribed for the original
hearing. The annual assessment shall be levied and collected at the same time as taxes levied for general county purposes.
The County Treasurer shall keep a separate account of such moneys, and they shall be used only for the purpose of the district
or extension thereof for which collected. The properties against which such assessments are levied, shall be liable for the
payment of the assessments in the same manner as they are liable for other county taxes.
9 Del. C. 1953, § 4617; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 2.;
§ 4619. Extension of the district.
The district may be extended so as to include territory not previously included within its boundaries in the same manner as
hereinbefore prescribed for the original establishment of a district. The cost of the extension shall include all the costs
and expenses occasioned by reason of such extension and in addition thereto such proportion of the cost of the system of the
original district as the county government shall determine.
9 Del. C. 1953, § 4618; 56 Del. Laws, c. 103, § 13.;
§ 4620. Changes in zones of assessment.
The county government, after holding a public hearing upon notice published in the same manner as provided in § 4604 of this
title, from time to time, by resolution may:
(1) Change the allocation of the cost of such facility as between zones of assessment;
(2) Change the boundaries of zones of assessment; or
(3) Establish new zones of assessment or eliminate existing zones of assessment.
9 Del. C. 1953, § 4619; 56 Del. Laws, c. 103, § 13.;
§ 4621. Order to connect to sewer; enforcement.
(a) The county government may, where it deems it necessary to the preservation of public health, order the owner of any lot
or parcel of land within a district or extension thereof which abuts upon a street or right-of-way containing a sewer which
is part of or served by the county sewage system, and upon which lot or parcel of land a building shall have been constructed
for residential, commercial or industrial use, to connect such building with such sewer.
(b) If any owner shall fail to comply within 60 days with such order to connect with such sewer, the county government may
forthwith institute action in any Justice of the Peace Court or may institute a summary action in the Superior Court to compel
compliance with such order.
9 Del. C. 1953, § 4620; 56 Del. Laws, c. 103, § 13.;
§ 4622. Surveys and inspection by county government; penalty for refusal to permit.
(a) The county government or its designated representatives may go upon any land for the purpose of making surveys for sewers,
sewage systems, sewage disposal plants, pumping stations or other facilities, or for rights-of-way or other property rights
required for a sewage system.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwelling or other
building in the vicinity of a sewer to determine if it is connected to the sewer, or to determine if the sewer connection
has been made or is being maintained in accordance with the regulations of the county government.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 nor more than $100
for every such refusal.
9 Del. C. 1953, § 4621; 56 Del. Laws, c. 103, § 13.;
§ 4623. Annexation.
Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any
right, title or interest in any part of any sewage system constructed, acquired, extended or improved pursuant to this chapter,
except as a resolution of the county government may so provide. No such resolution shall be adopted by the county government
unless the annexing municipality shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder
for the purchase, construction, acquisition, extension or improvement of all systems wholly or partly within the annexed area,
with interest to the date of call or redemption and any redemption or call premium applicable thereto.
9 Del. C. 1953, § 4622; 56 Del. Laws, c. 103, § 13.;
§ 4624. Dissolution and diminishing area of sewer districts.
Whenever the county government shall determine it to be in the public interest, said county government, upon its own motion,
but after a public hearing called and held in the manner provided in § 4604 of this title, may dissolve and discontinue any
sewer district, (1) provided that the period of 3 years shall have elapsed since the date of establishment of such district,
and that no improvement has been constructed or service provided for such district at any time since the establishment thereof,
and (2) further provided that there be no indebtedness outstanding and unpaid, incurred to accomplish any of the purposes
of such district.
9 Del. C. 1953, § 4623; 56 Del. Laws, c. 103, § 13.;
§ 4625. Exception to limitation on borrowing power.
Section 4111 of this title shall not apply to this chapter.
9 Del. C. 1953, § 4624; 56 Del. Laws, c. 103, § 13.;
§ 4626. Power to incur indebtedness by issuing bonds and notes.
The county government may incur indebtedness by issuing negotiable bonds, and notes in anticipation of bonds, pursuant to
this chapter to finance the cost of the establishment or extension of a district and the improvements therein which it may
lawfully construct or acquire pursuant to this chapter.
9 Del. C. 1953, § 4625; 56 Del. Laws, c. 103, § 13.;
§ 4627. Bond resolution vote required.
The county government shall authorize the issuance of bonds by a "bond resolution" passed by the affirmative vote of at least
three fifths of all its members.
9 Del. C. 1953, § 4626; 56 Del. Laws, c. 103, § 13.;
§ 4628. Form and content of bond resolution.
Every bond resolution adopted pursuant to this chapter shall be properly dated and shall bear a title indicating the type
of obligation to which it relates and shall contain, in substance, at least the following provisions:
(1) A statement of the specific purpose for which the obligations authorized by the resolution are to be issued; such specific
purpose to be described in brief and general terms sufficient for reasonable identification;
(2) If the obligations to be authorized are for a specific purpose, a statement of the estimate of the maximum cost of each
item of such specific purpose, such statement shall also set forth the plan for the financing of such purpose which shall
indicate the sources of the amounts of money which have been previously authorized to be applied to the payment of the cost
of each purpose, and the intended source or sources other than the proceeds of such obligations of the balance of the money
to be so applied;
(3) A statement of the amount of bonds to be issued for such specific purpose; and
(4) A determination of the period of usefulness of the project within the limitations provided for in this chapter computed
from the date of issuance of the first obligation in reference thereto.
9 Del. C. 1953, § 4627; 56 Del. Laws, c. 103, § 13.;
§ 4629. Procedure for passage of bond resolution.
Every bond resolution shall be introduced in writing in the form in
which it is to be finally passed, and upon final passage shall be published in
full in at least 1 newspaper published in the County and having general
circulation therein together with a notice in substantially the following
form:
NOTICE
The bond resolution published herewith was adopted on the......... .
day of.............. ., 19... ., and the validity of the obligations
authorized by such resolution may be hereafter contested only if:
(1) Such obligations are authorized for a purpose for which the County
is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within 20
days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of
9 Del. C. 1953, § 4628; 56 Del. Laws, c. 103, § 13.;
§ 4630. Effective date of bond resolution.
Each bond resolution shall take effect immediately after passage.
9 Del. C. 1953, § 4629; 56 Del. Laws, c. 103, § 13.;
§ 4631. Authorization of notes in anticipation of bonds.
In anticipation of the issuance of bonds, the county government may by resolution authorize the issuance of negotiable notes
when it shall have theretofore authorized the issuance of bonds. Such notes shall mature within 1 year from the date of their
issue and may be renewed from time to time, but each renewal shall be for a period not exceeding 1 year, and in no event shall
such notes extend more than 7 years beyond the original date of issue.
9 Del. C. 1953, § 4630; 56 Del. Laws, c. 103, § 13; 63 Del. Laws, c. 33, § 1.;
§ 4632. Other proceedings by resolution.
All matters in connection with the authorization, sale and issuance of the bonds or notes not specifically required to be
provided in the bond resolution may be determined or provided by subsequent resolutions adopted by the affirmative votes of
at least the majority of the members of the county government.
9 Del. C. 1953, § 4631; 56 Del. Laws, c. 103, § 13.;
§ 4633. Payment of bonds.
The bonds may be payable at such time or times as may be determined in the bond resolution, or by resolution adopted subsequent
to the adoption of the bond resolution, within the limitations provided in this chapter.
9 Del. C. 1953, § 4632; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 3.;
§ 4634. Payment of installment.
The last installment of each authorized issue of bonds shall be paid not later than the date of expiration of the period of
usefulness of the project for the financing of which such bonds are issued, as determined in the bond resolution authorizing
the issuance of the bonds, computed from the date of issuance of the bonds or of the issuance of the first note or notes,
whichever is the earlier.
9 Del. C. 1953, § 4633; 56 Del. Laws, c. 103, § 13.;
§ 4635. Period of usefulness.
(a) The following maximum periods of usefulness are hereby prescribed for the respective projects authorized by this chapter,
and the period of usefulness of any project, determined in any bond resolution shall, in no event, exceed the maximum period
hereby prescribed for that project.
(b) The acquisition, construction or reconstruction of a sewage system or an addition thereto, whether or not including treatment
or disposal plants or buildings, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment,
machinery or apparatus, is 40 years; the replacement or the later addition of furnishings is 10 years.
9 Del. C. 1953, § 4634; 56 Del. Laws, c. 103, § 13.;
§ 4636. Consolidation of bond issues.
Bonds for 1 or more specific objects or purposes or classes of objects or purposes, or a combination thereof, may be consolidated
and sold as a single bond issue.
9 Del. C. 1953, § 4635; 56 Del. Laws, c. 103, § 13.;
§ 4637. Public sale of bonds.
All bonds issued under this law, except as otherwise provided in § 4644 of this title and except bonds of authorized issues
of $30,000 or less and having a maximum maturity of not more than 5 years from the date of issuance of such bonds, shall be
sold at public sale upon sealed proposals after at least 10 days notice published at least once in a publication carrying
municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, published in
the City of New York, and at least 10 days notice published at least once in a newspaper published in the County and having
general circulation therein. Bonds of authorized issues of $30,000 or less, and maturing as hereinabove set forth, and all
bond anticipation notes may be sold at private sale by such financial officer as the county government may by resolution provide.
9 Del. C. 1953, § 4636; 56 Del. Laws, c. 103, § 13.;
§ 4638. Contents of notice of sale -- Generally.
The public notice of sale of bonds shall describe the bonds and set forth the terms and conditions of sale. It shall invite
bidders to name the rate or rates of interest to be borne by the bonds, which rate or rates shall be stated in multiples of
one eighth or one tenth of 1 percent. The notice shall also state that the bonds will not be sold for less than par and accrued
interest.
9 Del. C. 1953, § 4637; 56 Del. Laws, c. 103, § 13.;
§ 4639. Same -- Award of bonds at single interest rate.
Unless the notice of sale permits the naming of more than 1 rate of interest, as hereinafter provided, it shall state that
all the bonds bid for shall bear a single rate of interest and, in case of a sale of more than 1 issue, after describing the
separate issues, shall state the combined maturities as if such combined maturities constituted a single issue. The notice
of sale shall state that the bonds will be awarded to the bidder offering the lowest interest rate and, as between bidders
offering the same lowest rate, to the bidder who offers to pay the highest cash premium.
9 Del. C. 1953, § 4638; 56 Del. Laws, c. 103, § 13.;
§ 4640. Same -- Multiple rate bidding.
The notice of sale may, as an alternative to a single interest rate, permit bidders to name 2 or more interest rates for the
bonds proposed to be sold, within such limitations as the notice of sale may provide. In such event it shall state that all
the bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost to the district,
such net cost being computed, as to each bid, by adding to the total principal amount of the bonds the total interest which
will be paid under the terms of the bid, after deducting from such interest the amount of premium, if any.
9 Del. C. 1953, § 4639; 56 Del. Laws, c. 103, § 13.;
§ 4641. Same -- Deposit.
The notice of sale shall require all bidders to deposit a certified or cashier's check for 2% of the amount of bonds proposed
to be sold, to secure the district from any loss resulting from the failure of the bidder to comply with the terms of his
bid.
9 Del. C. 1953, § 4640; 56 Del. Laws, c. 103, § 13.;
§ 4642. Same -- Rejection of proposals.
Each notice of sale shall reserve the right to reject any and all bids and shall state that any bid not complying with the
terms of the notice will be rejected.
9 Del. C. 1953, § 4641; 56 Del. Laws, c. 103, § 13.;
§ 4643. Proposals opened publicly.
All proposals shall be opened publicly at the time and place stated in the notice of sale, and not before, and shall be publicly
announced.
9 Del. C. 1953, § 4642; 56 Del. Laws, c. 103, § 13.;
§ 4644. Private sale to public agencies.
Notwithstanding this or any other law, any bonds may be sold without previous public offering to, and may be purchased by,
the Sinking Fund Commission or the Insurance or Pension Fund Commission of the County of Kent, or the State, or may be sold
to any agency acting on behalf of the United States of America.
9 Del. C. 1953, § 4643; 56 Del. Laws, c. 103, § 13.;
§ 4645. Form of bonds.
Bonds may be issued in form payable to bearer with coupons attached for the payment of interest and, if so issued, may be
made subject to registration as to principal only or as to both principal and interest.
9 Del. C. 1953, § 4644; 56 Del. Laws, c. 103, § 13.;
§ 4646. Form of notes.
Notes may be issued in fully registered form; or notes may be issued in form payable to bearer, with interest payable to bearer
on presentation for endorsement, and, if so issued, shall be subject to full registration. Interest on notes issued in registered
form and interest on bearer notes which have been registered shall be payable to the registered holder.
9 Del. C. 1953, § 4645; 56 Del. Laws, c. 103, § 13.;
§ 4647. Execution of bonds and notes.
All bonds and notes shall be executed in the name of the County of Kent by such officials, including a financial officer,
as may be designated by resolution of the county government, and shall be under the seal or a facsimile seal of the County
and attested by the Clerk. Coupons attached to a bond shall be authenticated by the manual signature or the facsimile signature
of the financial officer signing the bond.
9 Del. C. 1953, § 4646; 56 Del. Laws, c. 103, § 13.;
§ 4648. Bonds and notes redeemable prior to maturity.
No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity
on such notice, at such time or times, with such redemption provisions and at such redemption prices as may be stated in the
bond or note. When any such bond or note shall have been validly called for redemption, and any payment of the principal thereof
and of the interest thereon accrued to the date of redemption shall have been made or provided for, interest thereon shall
cease.
9 Del. C. 1953, § 4647; 56 Del. Laws, c. 103, § 13.;
§ 4649. Interest rates.
Bonds or notes issued pursuant to this law may bear interest at a rate or rates, without limitation, which may be determined
by resolution of the county government.
9 Del. C. 1953, § 4648; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 602.;
§ 4650. Application of proceeds.
After payment of the reasonable cost of issuance, including printing or engraving costs, advertising expense and legal and
other professional expenses, the proceeds of the sale of any bonds or notes shall be applied only to the purpose or purposes
for which the obligations were authorized to be issued, and any excess amount thereof or any amount thereof which for any
reason is not necessary for any such purpose, shall (1) be applied to payment of such obligations at not more than their face
value, and (2) be applied to payment of the first maturing installments of such issue.
9 Del. C. 1953, § 4649; 56 Del. Laws, c. 103, § 13.;
§ 4651. Bonds and notes negotiable.
All bonds and notes of the County issued pursuant to this law, whether payable to bearer or in fully registered form, shall
be negotiable instruments.
9 Del. C. 1953, § 4650; 56 Del. Laws, c. 103, § 13.;
§ 4652. Reconversion of fully registered bonds.
Any bond originally issued in form payable to bearer with coupons attached may contain a provision that, when it has been
fully registered, it will, on the written request of the holder thereof, be reconverted, at the expense of such holder, into
a new coupon bond by the preparation and substitution of a new bond and coupons for unmatured interest, of the same form and
tenor as those originally authorized. Any such bond may again be converted into a fully registered bond and be reconverted
into a coupon bond from time to time in the manner herein provided. The resolution of the governing body authorizing any conversion
or reconversion shall set forth the date, maturities, interest rate, denominations, and numbers of the old and new bonds and
the name of the holder.
9 Del. C. 1953, § 4651; 56 Del. Laws, c. 103, § 13.;
§ 4653. Reissuance of bonds or notes lost or destroyed.
If lost or completely destroyed, any bond or note may be reissued in the form and tenor of the lost or destroyed bond upon
the owner furnishing, to the satisfaction of the governing body:
(1) Proof of ownership;
(2) Proof of loss or destruction;
(3) A surety bond in twice the face amount of the bond and coupons; and
(4) Payment of the cost of preparing and issuing the new bond or note.
9 Del. C. 1953, § 4652; 56 Del. Laws, c. 103, § 13.;
§ 4654. Reissuance of defaced or partially destroyed bonds or notes.
If defaced or partially destroyed, any bond may be reissued in the form and tenor of the defaced or partially destroyed bond
or note, to the bearer, or if registered, to the registered holder, at the expense of such holder, on surrender of the defaced
or partially destroyed bond or note, and on such other conditions as the resolution authorizing the reissuance may provide.
9 Del. C. 1953, § 4653; 56 Del. Laws, c. 103, § 13.;
§ 4655. Certain agreements forbidden.
In the issuance or sale of bonds or notes it shall be unlawful for the governing body, or any member or members thereof, or
any official of the County of Kent to:
(1) Agree to pay directly or indirectly any bonus for the issuance or for the sale of the obligations authorized, and every
such payment may be recovered by the County in an action at law;
(2) Enter into any agreement with any original purchaser or his representative regarding the deposit or disposition of any
moneys received or to be received from such sale and every such agreement shall be void;
(3) Enter into any agreement in the nature of a service contract providing for publication of notice of sale, and printing
of bonds or notes, and for the providing of a legal opinion or for any technical or advisory services used in connection with
the issuance of bonds or notes, unless such agreement provides that any advisor, agent, technician or any other person acting
in an advisory capacity agrees not to offer to purchase or to participate in the purchase, or in the distribution of the bonds
or notes at public or private sale; and any agreement to the contrary shall be void and any money or compensation paid thereon
may be recovered by the County in an action at law.
9 Del. C. 1953, § 4654; 56 Del. Laws, c. 103, § 13.;
§ 4656. Payment of bonds and notes.
The power and obligation of the County to pay all bonds and notes hereafter issued by it pursuant to this chapter shall be
unlimited. The full faith and credit of the County is hereby pledged for the payment of the principal of and the interest
on all bonds and notes of the County hereafter issued pursuant to this chapter whether or not such pledge be stated in the
bonds or notes, or in the bond resolution, or note resolution, authorizing their issuance. Bonds or notes issued for the purpose
of acquiring, constructing, extending or improving projects authorized by this chapter may be additionally secured by a pledge
of the revenue derived from the operation of said enterprise, as may be provided in the bond resolution or note resolution,
authorizing the bonds or notes.
9 Del. C. 1953, § 4655; 56 Del. Laws, c. 103, § 13.;
§ 4657. Appropriation may include engineering and other costs.
In determining the amount to be appropriated for a project pursuant to this chapter, the county government may include the
engineering, legal and other professional costs, and other costs of acquisition, construction or reconstruction of the property
or improvement to be financed. Interest on notes issued during the construction period may also be financed.
9 Del. C. 1953, § 4656; 56 Del. Laws, c. 103, § 13.;
§ 4658. Validity of bonds not dependent on preliminary proceedings.
It is the intent of this chapter that the power to issue obligations under this chapter and the validity of the bonds or notes
so issued shall not be affected by, or be dependent in any way on the validity or the regularity of any proceedings for the
issuance of any bonds or notes to be renewed, ex
As used in this chapter, unless a different meaning clearly appears from the context:
(1) The term "County" shall mean Kent County.
(2) The term "district" or the term "county sewer district" shall mean any sewage disposal district or sanitary district established
pursuant to this chapter.
(3) The term "sewage disposal district" shall mean a county sewer district established to provide 1 or more sewer facilities
necessary or convenient for the transmission, final treatment and disposal of effluent received from the sewage collection
facilities of a sanitary sewer district or from any other source as specifically provided herein.
(4) The term "sanitary district" shall mean a county sewer district established to provide 1 or more facilities necessary
or convenient for the collection of sewage, the treatment of such sewage and delivery of such treated effluent into the facilities
of a sewage disposal district for final treatment.
(5) The term "sewage" shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable
for treatment and disposal through the facilities of sewage treatment plants.
9 Del. C. 1953, § 4601; 56 Del. Laws, c. 103, § 13.;
§ 4602. Purpose.
(a) The county government may establish or extend 1 or more county sewage disposal districts and county sanitary districts
in the manner hereinafter provided for the purpose of the collection, transmission, treatment, and disposal of sewage.
(b) A county district established or extended hereunder may consist of 2 or more noncontiguous areas.
(c) Sanitary districts may only be established or extended within the boundaries of a sewage disposal district.
9 Del. C. 1953, § 4602; 56 Del. Laws, c. 103, § 13.;
§ 4603. Planning.
(a) The county government may:
(1) Assemble data, and develop plans relating to the collection, transmission, treatment and disposal of sewage within the
County, and relating to the elimination or alleviation of sewage problems; and
(2) Study the possibility of developing and utilizing existing facilities to make them available to the several municipalities,
and other political subdivisions and unincorporated areas within the County.
(b) The county government on its own motion may cause a preliminary report including maps and plans to be prepared for the
establishment of a certain area or areas of the County as a county district. Such maps and plans shall show:
(1) The boundaries of the area or areas which the county government in its judgment considers will be benefited directly or
indirectly by the particular project;
(2) A description of the area or areas sufficient to permit definite and conclusive identification of all parcels of property
included therein;
(3) The proposed location of all facilities such as lateral, trunk, interceptor and outfall sewers, pumping stations, and
treatment and disposal facilities;
(4) Estimates of the cost of construction of the facilities as shown on the maps and plans; and
(5) The method of financing such facilities.
If the report shall contain recommendations for the establishment of 2 or more zones of assessment within a county district,
the maps and plans shall show the boundaries of each of such zones and the estimated initial allocation of the cost of construction
of the facilities recommended to be charged to each of such zones.
(c) The county government may employ or contract for such engineering, legal, professional and other assistance as from time
to time may be needed, and may incur such other expenses as may be necessary to carry out the powers herein set forth.
9 Del. C. 1953, § 4603; 56 Del. Laws, c. 103, § 13.;
§ 4604. Public hearing.
(a) Upon completion of the preliminary report and the maps and plans, the county government shall call a public hearing upon
a proposal to establish a county district to comprise the area or areas defined in such maps and plans.
(b) The county government shall cause a notice of public hearing to be posted in 4 public places within the proposed district
and shall cause a notice of the public hearing to be published at least once in a newspaper published within the County and
having a general circulation therein. The first publication thereof shall be not less than 10 days before the date set therein
for the hearing. The notice of hearing shall contain a description of the area or areas to be included within the proposed
district, and if the report shall have recommended the establishment of zones of assessment, a description of the area or
areas to be included within such zones, the improvement proposed, the maximum amount proposed to be expended for the improvement,
the allocation of such maximum amount as between the zones of assessment recommended, if any, and shall specify the time and
the place where the county government will meet to consider the matter and to hear all parties interested therein concerning
the same. In the event that zones of assessment and allocation of cost of the facilities between such zones of assessment
are provided for, said notice shall further state that said zones of assessment and said allocations of cost may be changed
from time to time by resolution of the county government adopted after a public hearing whenever said county government shall
determine that such changes are necessary in the public interest.
9 Del. C. 1953, § 4604; 56 Del. Laws, c. 103, § 13.;
§ 4605. Representation by municipalities and districts.
At the public hearing on the establishment of a county district which includes the whole or any part of a district furnishing
a similar service as the proposed district, a city or a town, such district, city or town, may be represented by an officer
of the district, city or town, duly designated by the governing body of such district, city or town to attend.
9 Del. C. 1953, § 4605; 56 Del. Laws, c. 103, § 13.;
§ 4606. Establishment of the county district.
(a) Upon the evidence presented at the public hearing, and after due consideration of the maps and plans, reports, recommendations
and other data filed with it, the county government shall determine by resolution whether or not the proposed district and
facilities are satisfactory and sufficient, and if it shall determine such question in the negative, it may proceed to make
a further study. The county government may make such further study and amend and revise the maps and plans and estimate of
cost in conformance with its findings. If the revised maps and plans and revised estimate alter the estimated maximum expenditure
for the project, alter the boundaries of the proposed district, alter the boundaries of zones of assessment or change the
allocation or cost of the facilities as between zones of assessment, the county government shall call a further public hearing
thereon in the manner provided in § 4604 of this title. When the county government shall find that the proposed district and
facilities are adequate and appropriate, it shall further determine by resolution (1) whether all the property and property
owners within the proposed district are benefited directly or indirectly thereby, (2) whether all of the property and the
property owners so benefited are included within the limits of the proposed district, (3) whether it is in the public interest
to establish the district, and (4) if said maps and plans and reports recommend the establishment of zones of assessment and
the allocation of the cost of the facilities as between such zones of assessment, whether such zones of assessment and the
allocation of the cost of the facilities thereto represent as nearly as may be the proportionate amount of benefit which the
several lots and parcels of land in such zones will derive therefrom.
(b) If the county government shall determine that it is in the public interest to establish the district, but shall find that
(1) any part or portion of the property or property owners within the proposed district are not benefited directly or indirectly
thereby, or (2) that certain property owners benefited directly or indirectly thereby have not been included therein, or (3)
if zones of assessment are proposed to be established and the cost of facilities allocated among said zones of assessment,
that any part or portion of the property of property owners within a proposed zone of assessment should be placed in a different
zone or that a different allocation of the cost should be made as between the zones of assessment, the board shall cause the
necessary changes of the boundaries of the proposed district, or the necessary changes of the boundaries of any proposed zone
of assessment or the necessary changes as to the allocation of costs, as the case may be, to be made, and the board shall
call a further hearing at a definite place and time not less than 10 nor more than 30 days after such determination. Notice
of such further hearing shall be published in the manner provided in § 4604 of this title, except that such notice shall also
specify the manner in which it is proposed to alter the boundaries of the proposed district, or the boundaries of the zones
of assessment or the allocation of the cost of the facilities as between said zones of assessment, as the case may be. If
and when the board shall determine in the affirmative all of the questions set forth above, the board may adopt a resolution
approving the establishment of the district, as the boundaries shall be finally determined, and the construction of the improvement,
and if zones of assessment have been established and an allocation of the costs of the facilities made as between such zones
of assessment, further approving the establishment of the initial zones of assessment and the initial allocation of the costs
of the facilities as between said zones of assessment. Such resolution shall be subject to referendum upon petition as hereinafter
provided.
9 Del. C. 1953, § 4606; 56 Del. Laws, c. 103, § 13.;
§ 4607. Referendum upon petition.
(a) Within 10 days after the adoption of a resolution subject to referendum upon petition, the county government shall cause
a notice to be published at least once in a newspaper published within the County and having a general circulation therein.
Such notice shall contain a true copy of the resolution, the date of adoption thereof, and a statement that such resolution
is subject to referendum upon petition.
(b) Such resolution shall not take effect until 30 days after its adoption; nor unless it is approved by the affirmative vote
of a majority of qualified electors of the proposed district, voting thereon, if within 30 days after its adoption there be
filed with the county government a petition signed by 10 percent of the electors of the proposed district.
(c) Such petition shall state that a referendum is requested on such resolution describing the same by its date of adoption,
and shall contain an abstract of the text thereof. The petition may consist of separate sheets and the signatures to each
sheet shall be acknowledged by the signer thereof or it may be proved by the oath of a witness who shall swear that he knows
the signer and that the petition was signed in the presence of the witness. If the petition be sufficient and valid, the county
government shall by resolution fix a date not less than 45 days after its adoption by which a proposition as herein provided
for is to be submitted to a general or special election.
(d) Within 30 days after the adoption of a resolution which is subject to referendum upon petition, the county government
may, on its own motion, provide that such resolution be submitted to a vote of the qualified resident electors of the district.
Notice of the election shall be advertised in the same manner as provided in § 4604 of this title for advertising a public
hearing. The cost of the election shall be borne by the County, which shall be reimbursed for such cost by the district, if
established. The proposition for the submission of a resolution of the county government to the approval of the voters pursuant
to this chapter, shall contain an abstract of such resolution stating the purpose and effect thereof. The Clerk of the county
government shall prepare such abstract with the advice of the Attorney for the county government and shall transmit the proposition,
in the form in which it is to be submitted, to the county government who shall submit same at a general or special election
in accordance with the provisions of this chapter. Each person or legal entity entitled to vote shall have 1 vote and shall
have an additional vote for each $1,000 of total assessed value of real property and buildings thereon owned by such person
or legal entity, such valuation to be determined by the records of the Kent County Board of Assessment. The majority of votes
cast shall decide the matter. The election shall be managed and the votes canvassed in such manner as may be prescribed by
the county government. Every citizen who resides in the proposed sewer district and who would be entitled at the time of the
holding of such election to register and vote at a general election, if such general election were held on the day of such
election in the proposed sewer district, may vote at such election whether or not he is at the time a registered voter.
9 Del. C. 1953, § 4607; 56 Del. Laws, c. 103, § 13; 56 Del. Laws, c. 241, § 4.;
§ 4608. Review.
Any interested party aggrieved by the final determination made by the county government establishing the district or authorizing
the increase and improvement of facilities previously authorized for an existing district, may make application for review
by a court of competent jurisdiction, of any and all of the final determinations made by the county government in connection
with the proceeding establishing the district or authorizing the increase for improvements of facilities previously authorized
for an existing district; provided, that application for review is made within 30 days from the effective date of the resolution
establishing the district, or extending the boundaries thereof, or the adoption of a resolution authorizing the increase and
improvement of facilities previously authorized for an existing district. Unless such application is made within 30 days as
aforesaid, the resolution establishing the district, extending the boundaries thereof, or authorizing the increase and improvement
of facilities previously authorized for an existing district shall be final and conclusive, and shall be presumptive evidence
of the regularity of the proceedings for the establishment of the district for the extension thereof or for the authorization
of the increase and improvement of facilities previously authorized for an existing district, and all other actions taken
by the county government in relation thereto.
9 Del. C. 1953, § 4608; 56 Del. Laws, c. 103, § 13.;
§ 4609. Validation of prior establishment of districts.
Any district heretofore established pursuant to the provisions of this chapter is hereby declared and determined to have been
validly established, regardless of the failure of the county government or any of its officials or employees to comply with
the requirements as to the establishment of such district set forth in this chapter, and notwithstanding that any of the proceedings
taken to establish such district were not validly taken, and notwithstanding that the area of the district is less than the
area in which the proposed sewage improvements are to be constructed and that such sewage improvements will serve an area
greater than the area of such district; provided, however, that any assessment levied on the lots and parcels of land in such
district or any extension thereof shall be in proportion as nearly as may be to the benefit which each parcel would derive
from such proposed sewage improvements, regardless of the total cost of such sewage improvements. Sewage disposal systems
may be constructed on behalf of any such district either within or without the area of the district, to serve the district,
any other district heretofore or hereafter established, and any municipality or other political subdivision of the State or
agency which may contract for the use and services of the sewage system. Bonds of the county government may be issued to finance
the cost of such sewage system whether authorized by bond resolutions heretofore or hereafter adopted by the county government.
The bonds shall be payable in the manner provided by § 4656 of this title.
9 Del. C. 1953, § 4608A; 57 Del. Laws, c. 108, § 1.;
§ 4610. Plans and specifications.
After a district shall have been established, the county government shall cause to be prepared by the County Engineer or duly
licensed engineer employed or contracted for that purpose, detailed plans and specifications for the improvement, a detailed
estimate of the expense, and with the assistance of the attorney for the county government, or other legal or professional
help employed or contracted for that purpose, a proposed contract or contracts for the execution of the work.
9 Del. C. 1953, § 4609; 56 Del. Laws, c. 103, § 13.;
§ 4611. Contracts.
(a) All contracts or orders for work, material or supplies, performed or furnished in connection with construction, shall
be awarded by the county government by or pursuant to resolution. Such contracts or orders for work, material or supplies
needed for any particular purpose involving an expenditure of more than $2,000 shall be awarded only after inviting sealed
bids or proposals therefor. The notice inviting sealed bids or proposals shall be published at least once in a newspaper or
trade paper selected by the county government for such purpose, such publication to be at least 10 days before the date for
the receipt of bids. If the county government shall not deem it in the interest of the county government to reject all bids,
it shall award the contract to the lowest bidder, unless the county government shall determine that it is in the public interest
that a bid other than the lowest bid should be accepted.
(b) The bidder whose bid is accepted shall give security for payment for materials and for the faithful performance of the
contract, for maintenance following completion, and for such other purposes as the county government may require. The sufficiency
of such security shall be determined by the county government. All bids or proposals shall be publicly opened by the county
government or its duly authorized agent. If the bidder whose bid has been accepted shall neglect or refuse to accept the contract
within 5 days after written notice that the same has been awarded to him on his bid or proposal, or, if he accepts but does
not execute the contract and give proper security, the county government shall have the right to declare his deposit forfeited,
and thereupon it shall be readvertised and relet as above provided. In case any work shall be abandoned by any contractor,
the county government may, if the best interests of the district be thereby served, adopt on behalf of the district any or
all subcontracts made by such contractor for such work and all such subcontractors shall be bound by such adoption if made;
and the county government shall in the manner provided herein advertise and relet the work specified in the original contract
exclusive of so much thereof as shall be provided for in the subcontract or subcontracts so adopted.
(c) Notwithstanding the provisions of this section or any other provision of law, the county government may contract for engineering,
legal or other professional services requiring special skill or training for any project authorized by this chapter without
requesting competitive bids or proposals, and without awarding such contract to the lowest bidder.
9 Del. C. 1953, § 4610; 56 Del. Laws, c. 103, § 13.;
§ 4612. Powers of the county government.
In addition to other powers which it has in reference to a district or extension thereof, the county government may:
(1) Plan, construct, reconstruct, improve, better or extend a sewage system or systems, acquire by gift, purchase, lease or
the exercise of the right to eminent domain, a sewage system or lands or rights in land in connection therewith; on behalf
of a district, acquire by purchase or lease any sewage collection, treatment or disposal facilities owned, maintained or operated
by any municipal, public or district corporation, or special district, and such agencies shall have the power to sell or lease
such facilities to a county sewer district, notwithstanding that such sewage facilities have already been devoted to and are
held for public use; and may, instead of making any cash payment agreed or required to be made to the municipal, public or
district corporation or special district, as compensation for such sewage facilities, agree to pay the principal of and interest
on outstanding bonds issued by or on behalf of such municipal, public or district corporation or special district, of a principal
amount not exceeding any lump sum amount agreed upon as consideration for such purchase or lease, as such principal and interest
shall become due and payable;
(2) Operate and maintain a sewage system or systems, and furnish the services and facilities rendered or afforded thereby;
(3) Enter into and perform contracts, whether long term or short term, with any industrial establishment, municipality, district
or agency of the state or federal government for the provision and operation by the county sewer district of a sewage system
to abate or reduce the pollution of waters caused by discharges of sewage and industrial wastes by such industrial establishment,
municipality, district or agency of the state or federal government; and such contract may provide for the payment periodically
by the industrial establishment, municipality, district or agency of the state or federal government to the county sewer district
of amounts to compensate the county sewer districts for the cost of providing (including payment of principal and interest
charges, if any) and of operating and maintaining the sewage system or part thereof serving such industrial establishments,
municipality, district or agency of the state or federal government;
(4) After appropriate notice, require a municipality, public or district corporation or special district which maintains or
operates any sewage collection treatment or disposal facilities within the area of a county sewage disposal district, established
pursuant to the provisions of this chapter, to connect to and utilize the sewage system and facilities of such county sewage
disposal district in order to abate or reduce the pollution of waters caused by discharges of sewage and industrial waste;
(5) Accept from any authorized agency of the state or federal government, or from persons, firms or corporations, loans, grants
or contribution for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of
any sewage system and enter into agreements respecting such loans, grants and contributions;
(6) Accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state
government or from interstate agencies established by law to accomplish the purposes of this chapter, and may pay the interest
and amortization of such loans;
(7) Enter into and perform contracts with any person for the sale of effluent products;
(8) After a public hearing called and held in a manner provided in § 4604 of this title, adopt, amend, and repeal from time
to time ordinances, resolutions, and rules and regulations for the operation of a county sewer district and the use of the
sewerage system therein, including regulation of the manner of making connections and the construction to the system and all
facilities and appurtenances associated therewith; and
(9) Impose a fine of not less than $500 or more than $10,000 for a violation of any ordinance, resolution or rule or regulation,
so adopted by the county government relating to operation of a county sewer district and the use of the sewerage system therein,
including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances
associated therewith.
9 Del. C. 1953, § 4611; 56 Del. Laws, c. 103, § 13; 68 Del. Laws, c. 370, § 1; 74 Del. Laws, c. 341, §§ 1, 2.;
§ 4613. Preliminary expenses.
The preliminary expenses incurred for the preparation of maps, plans, studies, reports and other matters relating to the establishment
or extension of a sewer district as authorized by this chapter, shall be a county charge and shall be assessed, levied and
collected in the same manner as other county charges. If the county government shall thereafter establish or extend a sewer
district and construct a sewer system therein pursuant to the provisions of this chapter, the expenses incurred by the county
government as set forth above shall be deemed to be part of the cost of such improvement and the County shall be reimbursed
for the whole amount paid therefor, or for such portion of that amount which the county government shall allocate against
such district or extension. In the event the district is not established or extended, the county government may issue bonds
to finance the above cost either in whole or in part, pledging the full faith and credit of the County to the punctual payment
of the bonds and the interest thereon. Such bonds may be issued for a period of not to exceed 5 years from their respective
dates.
9 Del. C. 1953, § 4612; 56 Del. Laws, c. 103, § 13.;
§ 4614. Sewage charges and revenues.
(a) The county government may, after a public hearing called and held in the manner provided in § 4604 of this title, by ordinance
or resolution, establish charges for the use of a sewage system or any part or parts thereof. Such charges may be based on
any of the following:
(1) The consumption of water on the premises connected with and served by the sewage system or such part or parts thereof;
(2) The number and kind of plumbing fixtures on the premises connected with and served by the sewage system or such part or
parts thereof;
(3) The number of persons served on the premises connected with and served by the sewage system or such part or parts thereof;
(4) The volume and character of sewage, industrial waste and other waste discharged into the sewage system or such part or
parts thereof; or
(5) Any other equitable basis determined by the county government including but not limited to any combination of the foregoing.
(b) Such sewage charges, together with the amount of any penalty and interest prescribed by the county government and due
for nonpayment of such charges, shall constitute a lien upon the real property served by the sewage system or such part or
parts thereof for which sewage charges shall have been established and imposed. The lien shall be prior and superior to every
other lien or claim except as otherwise may be provided by law.
(c) The county government on behalf of a sewer district may bring and maintain an action:
(1) To collect sewage charges in arrears including penalties and interest; or
(2) To foreclose liens for such sewage charges.
As an alternative to the maintenance of any such action, the county government may annually cause a statement to be prepared
stating the amount of each lien for sewage charges in arrears including penalties, the real property affected thereby, and
the name of the person in whose name such real property is assessed. The county government shall cause to be levied the amounts
contained in such statements against the real property at the same time and in the same manner as county taxes, and such amounts
shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the
same manner and at the same time as may be provided by law for the collection and enforcement of county taxes.
(d) The ordinance or resolution establishing and imposing sewage charges:
(1) Shall describe the sewer system or the part or parts of the sewer system for which such charges shall be established and
imposed;
(2) Shall prescribe the basis for such charges;
(3) Shall provide for the date or dates on which sewage charges shall become due and payable; and
(4) May provide for penalties and interest for sewage charges in arrears, or for discounts for the prompt payment of such
charges, or for penalties, interest and discounts.
9 Del. C. 1953, § 4613; 56 Del. Laws, c. 103, § 13.;
§ 4615. Expense of the improvement.
The cost of establishment of a county sewer district and the furnishing of the improvement therein shall include the amount
of all contracts, the cost of all lands and interests therein necessarily acquired, the cost of erection of necessary facilities
and appurtenances for operation or administration of the improvement, the cost of necessary equipment for operation or administration
of the improvement, printing, publishing, interest on loans, legal, engineering and other professional services, and all other
expenses incurred or occasioned by reason of the establishment or extension of the district and the furnishing of the improvement.
In addition, there shall be apportioned against, charged to and included in such cost, such allowance as the county government
may make for expenditures which are directly attributable to the establishment or extension of the district as well as for
any services rendered by the attorney for the county government, the County Engineer or any other salaried county officer
or employee when such services have been necessary to or occasioned by reason of the establishment of the district.
9 Del. C. 1953, § 4614; 56 Del. Laws, c. 103, § 13.;
§ 4616. Increase and improvement of facilities.
Whenever the county government shall determine it necessary to acquire additional lands or interests in lands or to acquire
or to construct additional trunk, interceptor and outfall sewers, pumping stations, treatment and disposal works and appurtenances,
lateral sewers or other facilities, or whenever the county government shall determine it necessary for the purpose of the
operation and maintenance of such facilities to increase, improve and reconstruct the facilities thereof, including the acquisition
of additional lands or interests in lands, it may cause the same to be accomplished without further authorization; provided,
however, that if it is proposed to finance any part of the cost thereof by the issuance and sale of county obligations, such
improvement shall not be undertaken unless authorized by proceedings taken in the same manner as the proceedings taken for
the original establishment or extension of the district except that the sole determination which the county government shall
make is whether such improvement is in the public interest, and, if zones of assessment have been established, said county
government shall further determine the allocation of the cost thereof as between such zones.
9 Del. C. 1953, § 4615; 56 Del. Laws, c. 103, § 13.;
§ 4617. Increase of maximum amount to be expended.
At any time after the establishment of a district or extension thereof pursuant to this chapter, the maximum amount authorized
to be expended for the original improvement in such district or extension thereof may be increased by a resolution of the
county government, provided the county government shall, after a public hearing called and held in the manner provided in
§ 4604 of this title, determine that it is in the public interest to authorize an increase of such maximum amount. If zones
of assessment have been established, such resolution of the county government shall further provide for the allocation of
such increase as between such zones of assessment and the notice of such public hearing shall state such allocation.
9 Del. C. 1953, § 4616; 56 Del. Laws, c. 103, § 13.;
§ 4618. Method of assessment.
(a) The county government may determine to issue obligations of the County in such an amount as they may estimate to be sufficient
to pay the entire cost of the improvement, but not in excess of the maximum amount proposed to be expended for the improvement,
as stated in the notice of hearing, published pursuant to § 4604 of this title. In preparing the annual estimate of revenues
and expenditures for the County on behalf of the district or extension thereof, the county government shall include, in addition
to all costs of operation and maintenance for the next succeeding fiscal year, sums sufficient to pay the annual installments
of principal and interest on obligations issued on behalf of the district or extension thereof. The county government shall
thereupon annually levy a tax, unlimited as to rate or amount, upon the assessable property within the County in the amount
of the estimate of expenditures. In making such levy the county government shall take into account the estimates of revenues,
as set forth in the estimate so prepared, at a time to be fixed by it, and the amount of any assessments levied on behalf
of the County, as hereafter provided and due and payable in the fiscal year for which the estimates are prepared.
(b) The county government shall, after a public hearing, establish an annual assessment roll for the county sewer district
or extension thereof which shall be known as the "Sewer District Assessment Roll." The annual assessments may be apportioned,
by the county government, against the several lots and parcels of land in the district or extension thereof by 1 or more of
the following methods:
(1) An assessment on the lots and parcels of land in the district or extension thereof in proportion as nearly as may be to
the benefit which each parcel would derive from the improvement;
(2) If zones of assessment have been established and an allocation of the total estimated cost of the facilities has been
made to the zones, the amount of the cost of the facilities so allocated to any such zone of assessment may be apportioned
by an ad valorem assessment levied on all the lots and parcels of land within such zone;
(3) If zones of assessment have been established, as provided above, by assessment on the lots and parcels of land within
such zone in proportion as nearly as may be to the benefit which each parcel will derive from the improvement.
(c) Notice of the public hearing shall state that the assessment roll has been completed and filed, and the time and place
fixed for the public hearing. Notice of such public hearing shall be published in a newspaper, published within Kent County,
and having a general circulation therein at least once, not less than 7 days immediately preceding the date of the public
hearing. At the time and place specified, the county government shall meet and hear and consider any objections to the assessment
roll, and may change or amend the same as it deems necessary or just, may affirm and adopt the same as originally proposed
or as amended or changed, or the county government may prepare a new roll. No amended, changed, or new roll shall be adopted,
unless the county government shall hold another hearing thereon, in the manner and upon the notice prescribed for the original
hearing. The annual assessment shall be levied and collected at the same time as taxes levied for general county purposes.
The County Treasurer shall keep a separate account of such moneys, and they shall be used only for the purpose of the district
or extension thereof for which collected. The properties against which such assessments are levied, shall be liable for the
payment of the assessments in the same manner as they are liable for other county taxes.
9 Del. C. 1953, § 4617; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 2.;
§ 4619. Extension of the district.
The district may be extended so as to include territory not previously included within its boundaries in the same manner as
hereinbefore prescribed for the original establishment of a district. The cost of the extension shall include all the costs
and expenses occasioned by reason of such extension and in addition thereto such proportion of the cost of the system of the
original district as the county government shall determine.
9 Del. C. 1953, § 4618; 56 Del. Laws, c. 103, § 13.;
§ 4620. Changes in zones of assessment.
The county government, after holding a public hearing upon notice published in the same manner as provided in § 4604 of this
title, from time to time, by resolution may:
(1) Change the allocation of the cost of such facility as between zones of assessment;
(2) Change the boundaries of zones of assessment; or
(3) Establish new zones of assessment or eliminate existing zones of assessment.
9 Del. C. 1953, § 4619; 56 Del. Laws, c. 103, § 13.;
§ 4621. Order to connect to sewer; enforcement.
(a) The county government may, where it deems it necessary to the preservation of public health, order the owner of any lot
or parcel of land within a district or extension thereof which abuts upon a street or right-of-way containing a sewer which
is part of or served by the county sewage system, and upon which lot or parcel of land a building shall have been constructed
for residential, commercial or industrial use, to connect such building with such sewer.
(b) If any owner shall fail to comply within 60 days with such order to connect with such sewer, the county government may
forthwith institute action in any Justice of the Peace Court or may institute a summary action in the Superior Court to compel
compliance with such order.
9 Del. C. 1953, § 4620; 56 Del. Laws, c. 103, § 13.;
§ 4622. Surveys and inspection by county government; penalty for refusal to permit.
(a) The county government or its designated representatives may go upon any land for the purpose of making surveys for sewers,
sewage systems, sewage disposal plants, pumping stations or other facilities, or for rights-of-way or other property rights
required for a sewage system.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwelling or other
building in the vicinity of a sewer to determine if it is connected to the sewer, or to determine if the sewer connection
has been made or is being maintained in accordance with the regulations of the county government.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 nor more than $100
for every such refusal.
9 Del. C. 1953, § 4621; 56 Del. Laws, c. 103, § 13.;
§ 4623. Annexation.
Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any
right, title or interest in any part of any sewage system constructed, acquired, extended or improved pursuant to this chapter,
except as a resolution of the county government may so provide. No such resolution shall be adopted by the county government
unless the annexing municipality shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder
for the purchase, construction, acquisition, extension or improvement of all systems wholly or partly within the annexed area,
with interest to the date of call or redemption and any redemption or call premium applicable thereto.
9 Del. C. 1953, § 4622; 56 Del. Laws, c. 103, § 13.;
§ 4624. Dissolution and diminishing area of sewer districts.
Whenever the county government shall determine it to be in the public interest, said county government, upon its own motion,
but after a public hearing called and held in the manner provided in § 4604 of this title, may dissolve and discontinue any
sewer district, (1) provided that the period of 3 years shall have elapsed since the date of establishment of such district,
and that no improvement has been constructed or service provided for such district at any time since the establishment thereof,
and (2) further provided that there be no indebtedness outstanding and unpaid, incurred to accomplish any of the purposes
of such district.
9 Del. C. 1953, § 4623; 56 Del. Laws, c. 103, § 13.;
§ 4625. Exception to limitation on borrowing power.
Section 4111 of this title shall not apply to this chapter.
9 Del. C. 1953, § 4624; 56 Del. Laws, c. 103, § 13.;
§ 4626. Power to incur indebtedness by issuing bonds and notes.
The county government may incur indebtedness by issuing negotiable bonds, and notes in anticipation of bonds, pursuant to
this chapter to finance the cost of the establishment or extension of a district and the improvements therein which it may
lawfully construct or acquire pursuant to this chapter.
9 Del. C. 1953, § 4625; 56 Del. Laws, c. 103, § 13.;
§ 4627. Bond resolution vote required.
The county government shall authorize the issuance of bonds by a "bond resolution" passed by the affirmative vote of at least
three fifths of all its members.
9 Del. C. 1953, § 4626; 56 Del. Laws, c. 103, § 13.;
§ 4628. Form and content of bond resolution.
Every bond resolution adopted pursuant to this chapter shall be properly dated and shall bear a title indicating the type
of obligation to which it relates and shall contain, in substance, at least the following provisions:
(1) A statement of the specific purpose for which the obligations authorized by the resolution are to be issued; such specific
purpose to be described in brief and general terms sufficient for reasonable identification;
(2) If the obligations to be authorized are for a specific purpose, a statement of the estimate of the maximum cost of each
item of such specific purpose, such statement shall also set forth the plan for the financing of such purpose which shall
indicate the sources of the amounts of money which have been previously authorized to be applied to the payment of the cost
of each purpose, and the intended source or sources other than the proceeds of such obligations of the balance of the money
to be so applied;
(3) A statement of the amount of bonds to be issued for such specific purpose; and
(4) A determination of the period of usefulness of the project within the limitations provided for in this chapter computed
from the date of issuance of the first obligation in reference thereto.
9 Del. C. 1953, § 4627; 56 Del. Laws, c. 103, § 13.;
§ 4629. Procedure for passage of bond resolution.
Every bond resolution shall be introduced in writing in the form in
which it is to be finally passed, and upon final passage shall be published in
full in at least 1 newspaper published in the County and having general
circulation therein together with a notice in substantially the following
form:
NOTICE
The bond resolution published herewith was adopted on the......... .
day of.............. ., 19... ., and the validity of the obligations
authorized by such resolution may be hereafter contested only if:
(1) Such obligations are authorized for a purpose for which the County
is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within 20
days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of
9 Del. C. 1953, § 4628; 56 Del. Laws, c. 103, § 13.;
§ 4630. Effective date of bond resolution.
Each bond resolution shall take effect immediately after passage.
9 Del. C. 1953, § 4629; 56 Del. Laws, c. 103, § 13.;
§ 4631. Authorization of notes in anticipation of bonds.
In anticipation of the issuance of bonds, the county government may by resolution authorize the issuance of negotiable notes
when it shall have theretofore authorized the issuance of bonds. Such notes shall mature within 1 year from the date of their
issue and may be renewed from time to time, but each renewal shall be for a period not exceeding 1 year, and in no event shall
such notes extend more than 7 years beyond the original date of issue.
9 Del. C. 1953, § 4630; 56 Del. Laws, c. 103, § 13; 63 Del. Laws, c. 33, § 1.;
§ 4632. Other proceedings by resolution.
All matters in connection with the authorization, sale and issuance of the bonds or notes not specifically required to be
provided in the bond resolution may be determined or provided by subsequent resolutions adopted by the affirmative votes of
at least the majority of the members of the county government.
9 Del. C. 1953, § 4631; 56 Del. Laws, c. 103, § 13.;
§ 4633. Payment of bonds.
The bonds may be payable at such time or times as may be determined in the bond resolution, or by resolution adopted subsequent
to the adoption of the bond resolution, within the limitations provided in this chapter.
9 Del. C. 1953, § 4632; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 3.;
§ 4634. Payment of installment.
The last installment of each authorized issue of bonds shall be paid not later than the date of expiration of the period of
usefulness of the project for the financing of which such bonds are issued, as determined in the bond resolution authorizing
the issuance of the bonds, computed from the date of issuance of the bonds or of the issuance of the first note or notes,
whichever is the earlier.
9 Del. C. 1953, § 4633; 56 Del. Laws, c. 103, § 13.;
§ 4635. Period of usefulness.
(a) The following maximum periods of usefulness are hereby prescribed for the respective projects authorized by this chapter,
and the period of usefulness of any project, determined in any bond resolution shall, in no event, exceed the maximum period
hereby prescribed for that project.
(b) The acquisition, construction or reconstruction of a sewage system or an addition thereto, whether or not including treatment
or disposal plants or buildings, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment,
machinery or apparatus, is 40 years; the replacement or the later addition of furnishings is 10 years.
9 Del. C. 1953, § 4634; 56 Del. Laws, c. 103, § 13.;
§ 4636. Consolidation of bond issues.
Bonds for 1 or more specific objects or purposes or classes of objects or purposes, or a combination thereof, may be consolidated
and sold as a single bond issue.
9 Del. C. 1953, § 4635; 56 Del. Laws, c. 103, § 13.;
§ 4637. Public sale of bonds.
All bonds issued under this law, except as otherwise provided in § 4644 of this title and except bonds of authorized issues
of $30,000 or less and having a maximum maturity of not more than 5 years from the date of issuance of such bonds, shall be
sold at public sale upon sealed proposals after at least 10 days notice published at least once in a publication carrying
municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, published in
the City of New York, and at least 10 days notice published at least once in a newspaper published in the County and having
general circulation therein. Bonds of authorized issues of $30,000 or less, and maturing as hereinabove set forth, and all
bond anticipation notes may be sold at private sale by such financial officer as the county government may by resolution provide.
9 Del. C. 1953, § 4636; 56 Del. Laws, c. 103, § 13.;
§ 4638. Contents of notice of sale -- Generally.
The public notice of sale of bonds shall describe the bonds and set forth the terms and conditions of sale. It shall invite
bidders to name the rate or rates of interest to be borne by the bonds, which rate or rates shall be stated in multiples of
one eighth or one tenth of 1 percent. The notice shall also state that the bonds will not be sold for less than par and accrued
interest.
9 Del. C. 1953, § 4637; 56 Del. Laws, c. 103, § 13.;
§ 4639. Same -- Award of bonds at single interest rate.
Unless the notice of sale permits the naming of more than 1 rate of interest, as hereinafter provided, it shall state that
all the bonds bid for shall bear a single rate of interest and, in case of a sale of more than 1 issue, after describing the
separate issues, shall state the combined maturities as if such combined maturities constituted a single issue. The notice
of sale shall state that the bonds will be awarded to the bidder offering the lowest interest rate and, as between bidders
offering the same lowest rate, to the bidder who offers to pay the highest cash premium.
9 Del. C. 1953, § 4638; 56 Del. Laws, c. 103, § 13.;
§ 4640. Same -- Multiple rate bidding.
The notice of sale may, as an alternative to a single interest rate, permit bidders to name 2 or more interest rates for the
bonds proposed to be sold, within such limitations as the notice of sale may provide. In such event it shall state that all
the bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost to the district,
such net cost being computed, as to each bid, by adding to the total principal amount of the bonds the total interest which
will be paid under the terms of the bid, after deducting from such interest the amount of premium, if any.
9 Del. C. 1953, § 4639; 56 Del. Laws, c. 103, § 13.;
§ 4641. Same -- Deposit.
The notice of sale shall require all bidders to deposit a certified or cashier's check for 2% of the amount of bonds proposed
to be sold, to secure the district from any loss resulting from the failure of the bidder to comply with the terms of his
bid.
9 Del. C. 1953, § 4640; 56 Del. Laws, c. 103, § 13.;
§ 4642. Same -- Rejection of proposals.
Each notice of sale shall reserve the right to reject any and all bids and shall state that any bid not complying with the
terms of the notice will be rejected.
9 Del. C. 1953, § 4641; 56 Del. Laws, c. 103, § 13.;
§ 4643. Proposals opened publicly.
All proposals shall be opened publicly at the time and place stated in the notice of sale, and not before, and shall be publicly
announced.
9 Del. C. 1953, § 4642; 56 Del. Laws, c. 103, § 13.;
§ 4644. Private sale to public agencies.
Notwithstanding this or any other law, any bonds may be sold without previous public offering to, and may be purchased by,
the Sinking Fund Commission or the Insurance or Pension Fund Commission of the County of Kent, or the State, or may be sold
to any agency acting on behalf of the United States of America.
9 Del. C. 1953, § 4643; 56 Del. Laws, c. 103, § 13.;
§ 4645. Form of bonds.
Bonds may be issued in form payable to bearer with coupons attached for the payment of interest and, if so issued, may be
made subject to registration as to principal only or as to both principal and interest.
9 Del. C. 1953, § 4644; 56 Del. Laws, c. 103, § 13.;
§ 4646. Form of notes.
Notes may be issued in fully registered form; or notes may be issued in form payable to bearer, with interest payable to bearer
on presentation for endorsement, and, if so issued, shall be subject to full registration. Interest on notes issued in registered
form and interest on bearer notes which have been registered shall be payable to the registered holder.
9 Del. C. 1953, § 4645; 56 Del. Laws, c. 103, § 13.;
§ 4647. Execution of bonds and notes.
All bonds and notes shall be executed in the name of the County of Kent by such officials, including a financial officer,
as may be designated by resolution of the county government, and shall be under the seal or a facsimile seal of the County
and attested by the Clerk. Coupons attached to a bond shall be authenticated by the manual signature or the facsimile signature
of the financial officer signing the bond.
9 Del. C. 1953, § 4646; 56 Del. Laws, c. 103, § 13.;
§ 4648. Bonds and notes redeemable prior to maturity.
No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity
on such notice, at such time or times, with such redemption provisions and at such redemption prices as may be stated in the
bond or note. When any such bond or note shall have been validly called for redemption, and any payment of the principal thereof
and of the interest thereon accrued to the date of redemption shall have been made or provided for, interest thereon shall
cease.
9 Del. C. 1953, § 4647; 56 Del. Laws, c. 103, § 13.;
§ 4649. Interest rates.
Bonds or notes issued pursuant to this law may bear interest at a rate or rates, without limitation, which may be determined
by resolution of the county government.
9 Del. C. 1953, § 4648; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 602.;
§ 4650. Application of proceeds.
After payment of the reasonable cost of issuance, including printing or engraving costs, advertising expense and legal and
other professional expenses, the proceeds of the sale of any bonds or notes shall be applied only to the purpose or purposes
for which the obligations were authorized to be issued, and any excess amount thereof or any amount thereof which for any
reason is not necessary for any such purpose, shall (1) be applied to payment of such obligations at not more than their face
value, and (2) be applied to payment of the first maturing installments of such issue.
9 Del. C. 1953, § 4649; 56 Del. Laws, c. 103, § 13.;
§ 4651. Bonds and notes negotiable.
All bonds and notes of the County issued pursuant to this law, whether payable to bearer or in fully registered form, shall
be negotiable instruments.
9 Del. C. 1953, § 4650; 56 Del. Laws, c. 103, § 13.;
§ 4652. Reconversion of fully registered bonds.
Any bond originally issued in form payable to bearer with coupons attached may contain a provision that, when it has been
fully registered, it will, on the written request of the holder thereof, be reconverted, at the expense of such holder, into
a new coupon bond by the preparation and substitution of a new bond and coupons for unmatured interest, of the same form and
tenor as those originally authorized. Any such bond may again be converted into a fully registered bond and be reconverted
into a coupon bond from time to time in the manner herein provided. The resolution of the governing body authorizing any conversion
or reconversion shall set forth the date, maturities, interest rate, denominations, and numbers of the old and new bonds and
the name of the holder.
9 Del. C. 1953, § 4651; 56 Del. Laws, c. 103, § 13.;
§ 4653. Reissuance of bonds or notes lost or destroyed.
If lost or completely destroyed, any bond or note may be reissued in the form and tenor of the lost or destroyed bond upon
the owner furnishing, to the satisfaction of the governing body:
(1) Proof of ownership;
(2) Proof of loss or destruction;
(3) A surety bond in twice the face amount of the bond and coupons; and
(4) Payment of the cost of preparing and issuing the new bond or note.
9 Del. C. 1953, § 4652; 56 Del. Laws, c. 103, § 13.;
§ 4654. Reissuance of defaced or partially destroyed bonds or notes.
If defaced or partially destroyed, any bond may be reissued in the form and tenor of the defaced or partially destroyed bond
or note, to the bearer, or if registered, to the registered holder, at the expense of such holder, on surrender of the defaced
or partially destroyed bond or note, and on such other conditions as the resolution authorizing the reissuance may provide.
9 Del. C. 1953, § 4653; 56 Del. Laws, c. 103, § 13.;
§ 4655. Certain agreements forbidden.
In the issuance or sale of bonds or notes it shall be unlawful for the governing body, or any member or members thereof, or
any official of the County of Kent to:
(1) Agree to pay directly or indirectly any bonus for the issuance or for the sale of the obligations authorized, and every
such payment may be recovered by the County in an action at law;
(2) Enter into any agreement with any original purchaser or his representative regarding the deposit or disposition of any
moneys received or to be received from such sale and every such agreement shall be void;
(3) Enter into any agreement in the nature of a service contract providing for publication of notice of sale, and printing
of bonds or notes, and for the providing of a legal opinion or for any technical or advisory services used in connection with
the issuance of bonds or notes, unless such agreement provides that any advisor, agent, technician or any other person acting
in an advisory capacity agrees not to offer to purchase or to participate in the purchase, or in the distribution of the bonds
or notes at public or private sale; and any agreement to the contrary shall be void and any money or compensation paid thereon
may be recovered by the County in an action at law.
9 Del. C. 1953, § 4654; 56 Del. Laws, c. 103, § 13.;
§ 4656. Payment of bonds and notes.
The power and obligation of the County to pay all bonds and notes hereafter issued by it pursuant to this chapter shall be
unlimited. The full faith and credit of the County is hereby pledged for the payment of the principal of and the interest
on all bonds and notes of the County hereafter issued pursuant to this chapter whether or not such pledge be stated in the
bonds or notes, or in the bond resolution, or note resolution, authorizing their issuance. Bonds or notes issued for the purpose
of acquiring, constructing, extending or improving projects authorized by this chapter may be additionally secured by a pledge
of the revenue derived from the operation of said enterprise, as may be provided in the bond resolution or note resolution,
authorizing the bonds or notes.
9 Del. C. 1953, § 4655; 56 Del. Laws, c. 103, § 13.;
§ 4657. Appropriation may include engineering and other costs.
In determining the amount to be appropriated for a project pursuant to this chapter, the county government may include the
engineering, legal and other professional costs, and other costs of acquisition, construction or reconstruction of the property
or improvement to be financed. Interest on notes issued during the construction period may also be financed.
9 Del. C. 1953, § 4656; 56 Del. Laws, c. 103, § 13.;
§ 4658. Validity of bonds not dependent on preliminary proceedings.
It is the intent of this chapter that the power to issue obligations under this chapter and the validity of the bonds or notes
so issued shall not be affected by, or be dependent in any way on the validity or the regularity of any proceedings for the
issuance of any bonds or notes to be renewed, ex
As used in this chapter, unless a different meaning clearly appears from the context:
(1) The term "County" shall mean Kent County.
(2) The term "district" or the term "county sewer district" shall mean any sewage disposal district or sanitary district established
pursuant to this chapter.
(3) The term "sewage disposal district" shall mean a county sewer district established to provide 1 or more sewer facilities
necessary or convenient for the transmission, final treatment and disposal of effluent received from the sewage collection
facilities of a sanitary sewer district or from any other source as specifically provided herein.
(4) The term "sanitary district" shall mean a county sewer district established to provide 1 or more facilities necessary
or convenient for the collection of sewage, the treatment of such sewage and delivery of such treated effluent into the facilities
of a sewage disposal district for final treatment.
(5) The term "sewage" shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable
for treatment and disposal through the facilities of sewage treatment plants.
9 Del. C. 1953, § 4601; 56 Del. Laws, c. 103, § 13.;
§ 4602. Purpose.
(a) The county government may establish or extend 1 or more county sewage disposal districts and county sanitary districts
in the manner hereinafter provided for the purpose of the collection, transmission, treatment, and disposal of sewage.
(b) A county district established or extended hereunder may consist of 2 or more noncontiguous areas.
(c) Sanitary districts may only be established or extended within the boundaries of a sewage disposal district.
9 Del. C. 1953, § 4602; 56 Del. Laws, c. 103, § 13.;
§ 4603. Planning.
(a) The county government may:
(1) Assemble data, and develop plans relating to the collection, transmission, treatment and disposal of sewage within the
County, and relating to the elimination or alleviation of sewage problems; and
(2) Study the possibility of developing and utilizing existing facilities to make them available to the several municipalities,
and other political subdivisions and unincorporated areas within the County.
(b) The county government on its own motion may cause a preliminary report including maps and plans to be prepared for the
establishment of a certain area or areas of the County as a county district. Such maps and plans shall show:
(1) The boundaries of the area or areas which the county government in its judgment considers will be benefited directly or
indirectly by the particular project;
(2) A description of the area or areas sufficient to permit definite and conclusive identification of all parcels of property
included therein;
(3) The proposed location of all facilities such as lateral, trunk, interceptor and outfall sewers, pumping stations, and
treatment and disposal facilities;
(4) Estimates of the cost of construction of the facilities as shown on the maps and plans; and
(5) The method of financing such facilities.
If the report shall contain recommendations for the establishment of 2 or more zones of assessment within a county district,
the maps and plans shall show the boundaries of each of such zones and the estimated initial allocation of the cost of construction
of the facilities recommended to be charged to each of such zones.
(c) The county government may employ or contract for such engineering, legal, professional and other assistance as from time
to time may be needed, and may incur such other expenses as may be necessary to carry out the powers herein set forth.
9 Del. C. 1953, § 4603; 56 Del. Laws, c. 103, § 13.;
§ 4604. Public hearing.
(a) Upon completion of the preliminary report and the maps and plans, the county government shall call a public hearing upon
a proposal to establish a county district to comprise the area or areas defined in such maps and plans.
(b) The county government shall cause a notice of public hearing to be posted in 4 public places within the proposed district
and shall cause a notice of the public hearing to be published at least once in a newspaper published within the County and
having a general circulation therein. The first publication thereof shall be not less than 10 days before the date set therein
for the hearing. The notice of hearing shall contain a description of the area or areas to be included within the proposed
district, and if the report shall have recommended the establishment of zones of assessment, a description of the area or
areas to be included within such zones, the improvement proposed, the maximum amount proposed to be expended for the improvement,
the allocation of such maximum amount as between the zones of assessment recommended, if any, and shall specify the time and
the place where the county government will meet to consider the matter and to hear all parties interested therein concerning
the same. In the event that zones of assessment and allocation of cost of the facilities between such zones of assessment
are provided for, said notice shall further state that said zones of assessment and said allocations of cost may be changed
from time to time by resolution of the county government adopted after a public hearing whenever said county government shall
determine that such changes are necessary in the public interest.
9 Del. C. 1953, § 4604; 56 Del. Laws, c. 103, § 13.;
§ 4605. Representation by municipalities and districts.
At the public hearing on the establishment of a county district which includes the whole or any part of a district furnishing
a similar service as the proposed district, a city or a town, such district, city or town, may be represented by an officer
of the district, city or town, duly designated by the governing body of such district, city or town to attend.
9 Del. C. 1953, § 4605; 56 Del. Laws, c. 103, § 13.;
§ 4606. Establishment of the county district.
(a) Upon the evidence presented at the public hearing, and after due consideration of the maps and plans, reports, recommendations
and other data filed with it, the county government shall determine by resolution whether or not the proposed district and
facilities are satisfactory and sufficient, and if it shall determine such question in the negative, it may proceed to make
a further study. The county government may make such further study and amend and revise the maps and plans and estimate of
cost in conformance with its findings. If the revised maps and plans and revised estimate alter the estimated maximum expenditure
for the project, alter the boundaries of the proposed district, alter the boundaries of zones of assessment or change the
allocation or cost of the facilities as between zones of assessment, the county government shall call a further public hearing
thereon in the manner provided in § 4604 of this title. When the county government shall find that the proposed district and
facilities are adequate and appropriate, it shall further determine by resolution (1) whether all the property and property
owners within the proposed district are benefited directly or indirectly thereby, (2) whether all of the property and the
property owners so benefited are included within the limits of the proposed district, (3) whether it is in the public interest
to establish the district, and (4) if said maps and plans and reports recommend the establishment of zones of assessment and
the allocation of the cost of the facilities as between such zones of assessment, whether such zones of assessment and the
allocation of the cost of the facilities thereto represent as nearly as may be the proportionate amount of benefit which the
several lots and parcels of land in such zones will derive therefrom.
(b) If the county government shall determine that it is in the public interest to establish the district, but shall find that
(1) any part or portion of the property or property owners within the proposed district are not benefited directly or indirectly
thereby, or (2) that certain property owners benefited directly or indirectly thereby have not been included therein, or (3)
if zones of assessment are proposed to be established and the cost of facilities allocated among said zones of assessment,
that any part or portion of the property of property owners within a proposed zone of assessment should be placed in a different
zone or that a different allocation of the cost should be made as between the zones of assessment, the board shall cause the
necessary changes of the boundaries of the proposed district, or the necessary changes of the boundaries of any proposed zone
of assessment or the necessary changes as to the allocation of costs, as the case may be, to be made, and the board shall
call a further hearing at a definite place and time not less than 10 nor more than 30 days after such determination. Notice
of such further hearing shall be published in the manner provided in § 4604 of this title, except that such notice shall also
specify the manner in which it is proposed to alter the boundaries of the proposed district, or the boundaries of the zones
of assessment or the allocation of the cost of the facilities as between said zones of assessment, as the case may be. If
and when the board shall determine in the affirmative all of the questions set forth above, the board may adopt a resolution
approving the establishment of the district, as the boundaries shall be finally determined, and the construction of the improvement,
and if zones of assessment have been established and an allocation of the costs of the facilities made as between such zones
of assessment, further approving the establishment of the initial zones of assessment and the initial allocation of the costs
of the facilities as between said zones of assessment. Such resolution shall be subject to referendum upon petition as hereinafter
provided.
9 Del. C. 1953, § 4606; 56 Del. Laws, c. 103, § 13.;
§ 4607. Referendum upon petition.
(a) Within 10 days after the adoption of a resolution subject to referendum upon petition, the county government shall cause
a notice to be published at least once in a newspaper published within the County and having a general circulation therein.
Such notice shall contain a true copy of the resolution, the date of adoption thereof, and a statement that such resolution
is subject to referendum upon petition.
(b) Such resolution shall not take effect until 30 days after its adoption; nor unless it is approved by the affirmative vote
of a majority of qualified electors of the proposed district, voting thereon, if within 30 days after its adoption there be
filed with the county government a petition signed by 10 percent of the electors of the proposed district.
(c) Such petition shall state that a referendum is requested on such resolution describing the same by its date of adoption,
and shall contain an abstract of the text thereof. The petition may consist of separate sheets and the signatures to each
sheet shall be acknowledged by the signer thereof or it may be proved by the oath of a witness who shall swear that he knows
the signer and that the petition was signed in the presence of the witness. If the petition be sufficient and valid, the county
government shall by resolution fix a date not less than 45 days after its adoption by which a proposition as herein provided
for is to be submitted to a general or special election.
(d) Within 30 days after the adoption of a resolution which is subject to referendum upon petition, the county government
may, on its own motion, provide that such resolution be submitted to a vote of the qualified resident electors of the district.
Notice of the election shall be advertised in the same manner as provided in § 4604 of this title for advertising a public
hearing. The cost of the election shall be borne by the County, which shall be reimbursed for such cost by the district, if
established. The proposition for the submission of a resolution of the county government to the approval of the voters pursuant
to this chapter, shall contain an abstract of such resolution stating the purpose and effect thereof. The Clerk of the county
government shall prepare such abstract with the advice of the Attorney for the county government and shall transmit the proposition,
in the form in which it is to be submitted, to the county government who shall submit same at a general or special election
in accordance with the provisions of this chapter. Each person or legal entity entitled to vote shall have 1 vote and shall
have an additional vote for each $1,000 of total assessed value of real property and buildings thereon owned by such person
or legal entity, such valuation to be determined by the records of the Kent County Board of Assessment. The majority of votes
cast shall decide the matter. The election shall be managed and the votes canvassed in such manner as may be prescribed by
the county government. Every citizen who resides in the proposed sewer district and who would be entitled at the time of the
holding of such election to register and vote at a general election, if such general election were held on the day of such
election in the proposed sewer district, may vote at such election whether or not he is at the time a registered voter.
9 Del. C. 1953, § 4607; 56 Del. Laws, c. 103, § 13; 56 Del. Laws, c. 241, § 4.;
§ 4608. Review.
Any interested party aggrieved by the final determination made by the county government establishing the district or authorizing
the increase and improvement of facilities previously authorized for an existing district, may make application for review
by a court of competent jurisdiction, of any and all of the final determinations made by the county government in connection
with the proceeding establishing the district or authorizing the increase for improvements of facilities previously authorized
for an existing district; provided, that application for review is made within 30 days from the effective date of the resolution
establishing the district, or extending the boundaries thereof, or the adoption of a resolution authorizing the increase and
improvement of facilities previously authorized for an existing district. Unless such application is made within 30 days as
aforesaid, the resolution establishing the district, extending the boundaries thereof, or authorizing the increase and improvement
of facilities previously authorized for an existing district shall be final and conclusive, and shall be presumptive evidence
of the regularity of the proceedings for the establishment of the district for the extension thereof or for the authorization
of the increase and improvement of facilities previously authorized for an existing district, and all other actions taken
by the county government in relation thereto.
9 Del. C. 1953, § 4608; 56 Del. Laws, c. 103, § 13.;
§ 4609. Validation of prior establishment of districts.
Any district heretofore established pursuant to the provisions of this chapter is hereby declared and determined to have been
validly established, regardless of the failure of the county government or any of its officials or employees to comply with
the requirements as to the establishment of such district set forth in this chapter, and notwithstanding that any of the proceedings
taken to establish such district were not validly taken, and notwithstanding that the area of the district is less than the
area in which the proposed sewage improvements are to be constructed and that such sewage improvements will serve an area
greater than the area of such district; provided, however, that any assessment levied on the lots and parcels of land in such
district or any extension thereof shall be in proportion as nearly as may be to the benefit which each parcel would derive
from such proposed sewage improvements, regardless of the total cost of such sewage improvements. Sewage disposal systems
may be constructed on behalf of any such district either within or without the area of the district, to serve the district,
any other district heretofore or hereafter established, and any municipality or other political subdivision of the State or
agency which may contract for the use and services of the sewage system. Bonds of the county government may be issued to finance
the cost of such sewage system whether authorized by bond resolutions heretofore or hereafter adopted by the county government.
The bonds shall be payable in the manner provided by § 4656 of this title.
9 Del. C. 1953, § 4608A; 57 Del. Laws, c. 108, § 1.;
§ 4610. Plans and specifications.
After a district shall have been established, the county government shall cause to be prepared by the County Engineer or duly
licensed engineer employed or contracted for that purpose, detailed plans and specifications for the improvement, a detailed
estimate of the expense, and with the assistance of the attorney for the county government, or other legal or professional
help employed or contracted for that purpose, a proposed contract or contracts for the execution of the work.
9 Del. C. 1953, § 4609; 56 Del. Laws, c. 103, § 13.;
§ 4611. Contracts.
(a) All contracts or orders for work, material or supplies, performed or furnished in connection with construction, shall
be awarded by the county government by or pursuant to resolution. Such contracts or orders for work, material or supplies
needed for any particular purpose involving an expenditure of more than $2,000 shall be awarded only after inviting sealed
bids or proposals therefor. The notice inviting sealed bids or proposals shall be published at least once in a newspaper or
trade paper selected by the county government for such purpose, such publication to be at least 10 days before the date for
the receipt of bids. If the county government shall not deem it in the interest of the county government to reject all bids,
it shall award the contract to the lowest bidder, unless the county government shall determine that it is in the public interest
that a bid other than the lowest bid should be accepted.
(b) The bidder whose bid is accepted shall give security for payment for materials and for the faithful performance of the
contract, for maintenance following completion, and for such other purposes as the county government may require. The sufficiency
of such security shall be determined by the county government. All bids or proposals shall be publicly opened by the county
government or its duly authorized agent. If the bidder whose bid has been accepted shall neglect or refuse to accept the contract
within 5 days after written notice that the same has been awarded to him on his bid or proposal, or, if he accepts but does
not execute the contract and give proper security, the county government shall have the right to declare his deposit forfeited,
and thereupon it shall be readvertised and relet as above provided. In case any work shall be abandoned by any contractor,
the county government may, if the best interests of the district be thereby served, adopt on behalf of the district any or
all subcontracts made by such contractor for such work and all such subcontractors shall be bound by such adoption if made;
and the county government shall in the manner provided herein advertise and relet the work specified in the original contract
exclusive of so much thereof as shall be provided for in the subcontract or subcontracts so adopted.
(c) Notwithstanding the provisions of this section or any other provision of law, the county government may contract for engineering,
legal or other professional services requiring special skill or training for any project authorized by this chapter without
requesting competitive bids or proposals, and without awarding such contract to the lowest bidder.
9 Del. C. 1953, § 4610; 56 Del. Laws, c. 103, § 13.;
§ 4612. Powers of the county government.
In addition to other powers which it has in reference to a district or extension thereof, the county government may:
(1) Plan, construct, reconstruct, improve, better or extend a sewage system or systems, acquire by gift, purchase, lease or
the exercise of the right to eminent domain, a sewage system or lands or rights in land in connection therewith; on behalf
of a district, acquire by purchase or lease any sewage collection, treatment or disposal facilities owned, maintained or operated
by any municipal, public or district corporation, or special district, and such agencies shall have the power to sell or lease
such facilities to a county sewer district, notwithstanding that such sewage facilities have already been devoted to and are
held for public use; and may, instead of making any cash payment agreed or required to be made to the municipal, public or
district corporation or special district, as compensation for such sewage facilities, agree to pay the principal of and interest
on outstanding bonds issued by or on behalf of such municipal, public or district corporation or special district, of a principal
amount not exceeding any lump sum amount agreed upon as consideration for such purchase or lease, as such principal and interest
shall become due and payable;
(2) Operate and maintain a sewage system or systems, and furnish the services and facilities rendered or afforded thereby;
(3) Enter into and perform contracts, whether long term or short term, with any industrial establishment, municipality, district
or agency of the state or federal government for the provision and operation by the county sewer district of a sewage system
to abate or reduce the pollution of waters caused by discharges of sewage and industrial wastes by such industrial establishment,
municipality, district or agency of the state or federal government; and such contract may provide for the payment periodically
by the industrial establishment, municipality, district or agency of the state or federal government to the county sewer district
of amounts to compensate the county sewer districts for the cost of providing (including payment of principal and interest
charges, if any) and of operating and maintaining the sewage system or part thereof serving such industrial establishments,
municipality, district or agency of the state or federal government;
(4) After appropriate notice, require a municipality, public or district corporation or special district which maintains or
operates any sewage collection treatment or disposal facilities within the area of a county sewage disposal district, established
pursuant to the provisions of this chapter, to connect to and utilize the sewage system and facilities of such county sewage
disposal district in order to abate or reduce the pollution of waters caused by discharges of sewage and industrial waste;
(5) Accept from any authorized agency of the state or federal government, or from persons, firms or corporations, loans, grants
or contribution for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of
any sewage system and enter into agreements respecting such loans, grants and contributions;
(6) Accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state
government or from interstate agencies established by law to accomplish the purposes of this chapter, and may pay the interest
and amortization of such loans;
(7) Enter into and perform contracts with any person for the sale of effluent products;
(8) After a public hearing called and held in a manner provided in § 4604 of this title, adopt, amend, and repeal from time
to time ordinances, resolutions, and rules and regulations for the operation of a county sewer district and the use of the
sewerage system therein, including regulation of the manner of making connections and the construction to the system and all
facilities and appurtenances associated therewith; and
(9) Impose a fine of not less than $500 or more than $10,000 for a violation of any ordinance, resolution or rule or regulation,
so adopted by the county government relating to operation of a county sewer district and the use of the sewerage system therein,
including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances
associated therewith.
9 Del. C. 1953, § 4611; 56 Del. Laws, c. 103, § 13; 68 Del. Laws, c. 370, § 1; 74 Del. Laws, c. 341, §§ 1, 2.;
§ 4613. Preliminary expenses.
The preliminary expenses incurred for the preparation of maps, plans, studies, reports and other matters relating to the establishment
or extension of a sewer district as authorized by this chapter, shall be a county charge and shall be assessed, levied and
collected in the same manner as other county charges. If the county government shall thereafter establish or extend a sewer
district and construct a sewer system therein pursuant to the provisions of this chapter, the expenses incurred by the county
government as set forth above shall be deemed to be part of the cost of such improvement and the County shall be reimbursed
for the whole amount paid therefor, or for such portion of that amount which the county government shall allocate against
such district or extension. In the event the district is not established or extended, the county government may issue bonds
to finance the above cost either in whole or in part, pledging the full faith and credit of the County to the punctual payment
of the bonds and the interest thereon. Such bonds may be issued for a period of not to exceed 5 years from their respective
dates.
9 Del. C. 1953, § 4612; 56 Del. Laws, c. 103, § 13.;
§ 4614. Sewage charges and revenues.
(a) The county government may, after a public hearing called and held in the manner provided in § 4604 of this title, by ordinance
or resolution, establish charges for the use of a sewage system or any part or parts thereof. Such charges may be based on
any of the following:
(1) The consumption of water on the premises connected with and served by the sewage system or such part or parts thereof;
(2) The number and kind of plumbing fixtures on the premises connected with and served by the sewage system or such part or
parts thereof;
(3) The number of persons served on the premises connected with and served by the sewage system or such part or parts thereof;
(4) The volume and character of sewage, industrial waste and other waste discharged into the sewage system or such part or
parts thereof; or
(5) Any other equitable basis determined by the county government including but not limited to any combination of the foregoing.
(b) Such sewage charges, together with the amount of any penalty and interest prescribed by the county government and due
for nonpayment of such charges, shall constitute a lien upon the real property served by the sewage system or such part or
parts thereof for which sewage charges shall have been established and imposed. The lien shall be prior and superior to every
other lien or claim except as otherwise may be provided by law.
(c) The county government on behalf of a sewer district may bring and maintain an action:
(1) To collect sewage charges in arrears including penalties and interest; or
(2) To foreclose liens for such sewage charges.
As an alternative to the maintenance of any such action, the county government may annually cause a statement to be prepared
stating the amount of each lien for sewage charges in arrears including penalties, the real property affected thereby, and
the name of the person in whose name such real property is assessed. The county government shall cause to be levied the amounts
contained in such statements against the real property at the same time and in the same manner as county taxes, and such amounts
shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the
same manner and at the same time as may be provided by law for the collection and enforcement of county taxes.
(d) The ordinance or resolution establishing and imposing sewage charges:
(1) Shall describe the sewer system or the part or parts of the sewer system for which such charges shall be established and
imposed;
(2) Shall prescribe the basis for such charges;
(3) Shall provide for the date or dates on which sewage charges shall become due and payable; and
(4) May provide for penalties and interest for sewage charges in arrears, or for discounts for the prompt payment of such
charges, or for penalties, interest and discounts.
9 Del. C. 1953, § 4613; 56 Del. Laws, c. 103, § 13.;
§ 4615. Expense of the improvement.
The cost of establishment of a county sewer district and the furnishing of the improvement therein shall include the amount
of all contracts, the cost of all lands and interests therein necessarily acquired, the cost of erection of necessary facilities
and appurtenances for operation or administration of the improvement, the cost of necessary equipment for operation or administration
of the improvement, printing, publishing, interest on loans, legal, engineering and other professional services, and all other
expenses incurred or occasioned by reason of the establishment or extension of the district and the furnishing of the improvement.
In addition, there shall be apportioned against, charged to and included in such cost, such allowance as the county government
may make for expenditures which are directly attributable to the establishment or extension of the district as well as for
any services rendered by the attorney for the county government, the County Engineer or any other salaried county officer
or employee when such services have been necessary to or occasioned by reason of the establishment of the district.
9 Del. C. 1953, § 4614; 56 Del. Laws, c. 103, § 13.;
§ 4616. Increase and improvement of facilities.
Whenever the county government shall determine it necessary to acquire additional lands or interests in lands or to acquire
or to construct additional trunk, interceptor and outfall sewers, pumping stations, treatment and disposal works and appurtenances,
lateral sewers or other facilities, or whenever the county government shall determine it necessary for the purpose of the
operation and maintenance of such facilities to increase, improve and reconstruct the facilities thereof, including the acquisition
of additional lands or interests in lands, it may cause the same to be accomplished without further authorization; provided,
however, that if it is proposed to finance any part of the cost thereof by the issuance and sale of county obligations, such
improvement shall not be undertaken unless authorized by proceedings taken in the same manner as the proceedings taken for
the original establishment or extension of the district except that the sole determination which the county government shall
make is whether such improvement is in the public interest, and, if zones of assessment have been established, said county
government shall further determine the allocation of the cost thereof as between such zones.
9 Del. C. 1953, § 4615; 56 Del. Laws, c. 103, § 13.;
§ 4617. Increase of maximum amount to be expended.
At any time after the establishment of a district or extension thereof pursuant to this chapter, the maximum amount authorized
to be expended for the original improvement in such district or extension thereof may be increased by a resolution of the
county government, provided the county government shall, after a public hearing called and held in the manner provided in
§ 4604 of this title, determine that it is in the public interest to authorize an increase of such maximum amount. If zones
of assessment have been established, such resolution of the county government shall further provide for the allocation of
such increase as between such zones of assessment and the notice of such public hearing shall state such allocation.
9 Del. C. 1953, § 4616; 56 Del. Laws, c. 103, § 13.;
§ 4618. Method of assessment.
(a) The county government may determine to issue obligations of the County in such an amount as they may estimate to be sufficient
to pay the entire cost of the improvement, but not in excess of the maximum amount proposed to be expended for the improvement,
as stated in the notice of hearing, published pursuant to § 4604 of this title. In preparing the annual estimate of revenues
and expenditures for the County on behalf of the district or extension thereof, the county government shall include, in addition
to all costs of operation and maintenance for the next succeeding fiscal year, sums sufficient to pay the annual installments
of principal and interest on obligations issued on behalf of the district or extension thereof. The county government shall
thereupon annually levy a tax, unlimited as to rate or amount, upon the assessable property within the County in the amount
of the estimate of expenditures. In making such levy the county government shall take into account the estimates of revenues,
as set forth in the estimate so prepared, at a time to be fixed by it, and the amount of any assessments levied on behalf
of the County, as hereafter provided and due and payable in the fiscal year for which the estimates are prepared.
(b) The county government shall, after a public hearing, establish an annual assessment roll for the county sewer district
or extension thereof which shall be known as the "Sewer District Assessment Roll." The annual assessments may be apportioned,
by the county government, against the several lots and parcels of land in the district or extension thereof by 1 or more of
the following methods:
(1) An assessment on the lots and parcels of land in the district or extension thereof in proportion as nearly as may be to
the benefit which each parcel would derive from the improvement;
(2) If zones of assessment have been established and an allocation of the total estimated cost of the facilities has been
made to the zones, the amount of the cost of the facilities so allocated to any such zone of assessment may be apportioned
by an ad valorem assessment levied on all the lots and parcels of land within such zone;
(3) If zones of assessment have been established, as provided above, by assessment on the lots and parcels of land within
such zone in proportion as nearly as may be to the benefit which each parcel will derive from the improvement.
(c) Notice of the public hearing shall state that the assessment roll has been completed and filed, and the time and place
fixed for the public hearing. Notice of such public hearing shall be published in a newspaper, published within Kent County,
and having a general circulation therein at least once, not less than 7 days immediately preceding the date of the public
hearing. At the time and place specified, the county government shall meet and hear and consider any objections to the assessment
roll, and may change or amend the same as it deems necessary or just, may affirm and adopt the same as originally proposed
or as amended or changed, or the county government may prepare a new roll. No amended, changed, or new roll shall be adopted,
unless the county government shall hold another hearing thereon, in the manner and upon the notice prescribed for the original
hearing. The annual assessment shall be levied and collected at the same time as taxes levied for general county purposes.
The County Treasurer shall keep a separate account of such moneys, and they shall be used only for the purpose of the district
or extension thereof for which collected. The properties against which such assessments are levied, shall be liable for the
payment of the assessments in the same manner as they are liable for other county taxes.
9 Del. C. 1953, § 4617; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 2.;
§ 4619. Extension of the district.
The district may be extended so as to include territory not previously included within its boundaries in the same manner as
hereinbefore prescribed for the original establishment of a district. The cost of the extension shall include all the costs
and expenses occasioned by reason of such extension and in addition thereto such proportion of the cost of the system of the
original district as the county government shall determine.
9 Del. C. 1953, § 4618; 56 Del. Laws, c. 103, § 13.;
§ 4620. Changes in zones of assessment.
The county government, after holding a public hearing upon notice published in the same manner as provided in § 4604 of this
title, from time to time, by resolution may:
(1) Change the allocation of the cost of such facility as between zones of assessment;
(2) Change the boundaries of zones of assessment; or
(3) Establish new zones of assessment or eliminate existing zones of assessment.
9 Del. C. 1953, § 4619; 56 Del. Laws, c. 103, § 13.;
§ 4621. Order to connect to sewer; enforcement.
(a) The county government may, where it deems it necessary to the preservation of public health, order the owner of any lot
or parcel of land within a district or extension thereof which abuts upon a street or right-of-way containing a sewer which
is part of or served by the county sewage system, and upon which lot or parcel of land a building shall have been constructed
for residential, commercial or industrial use, to connect such building with such sewer.
(b) If any owner shall fail to comply within 60 days with such order to connect with such sewer, the county government may
forthwith institute action in any Justice of the Peace Court or may institute a summary action in the Superior Court to compel
compliance with such order.
9 Del. C. 1953, § 4620; 56 Del. Laws, c. 103, § 13.;
§ 4622. Surveys and inspection by county government; penalty for refusal to permit.
(a) The county government or its designated representatives may go upon any land for the purpose of making surveys for sewers,
sewage systems, sewage disposal plants, pumping stations or other facilities, or for rights-of-way or other property rights
required for a sewage system.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwelling or other
building in the vicinity of a sewer to determine if it is connected to the sewer, or to determine if the sewer connection
has been made or is being maintained in accordance with the regulations of the county government.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 nor more than $100
for every such refusal.
9 Del. C. 1953, § 4621; 56 Del. Laws, c. 103, § 13.;
§ 4623. Annexation.
Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any
right, title or interest in any part of any sewage system constructed, acquired, extended or improved pursuant to this chapter,
except as a resolution of the county government may so provide. No such resolution shall be adopted by the county government
unless the annexing municipality shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder
for the purchase, construction, acquisition, extension or improvement of all systems wholly or partly within the annexed area,
with interest to the date of call or redemption and any redemption or call premium applicable thereto.
9 Del. C. 1953, § 4622; 56 Del. Laws, c. 103, § 13.;
§ 4624. Dissolution and diminishing area of sewer districts.
Whenever the county government shall determine it to be in the public interest, said county government, upon its own motion,
but after a public hearing called and held in the manner provided in § 4604 of this title, may dissolve and discontinue any
sewer district, (1) provided that the period of 3 years shall have elapsed since the date of establishment of such district,
and that no improvement has been constructed or service provided for such district at any time since the establishment thereof,
and (2) further provided that there be no indebtedness outstanding and unpaid, incurred to accomplish any of the purposes
of such district.
9 Del. C. 1953, § 4623; 56 Del. Laws, c. 103, § 13.;
§ 4625. Exception to limitation on borrowing power.
Section 4111 of this title shall not apply to this chapter.
9 Del. C. 1953, § 4624; 56 Del. Laws, c. 103, § 13.;
§ 4626. Power to incur indebtedness by issuing bonds and notes.
The county government may incur indebtedness by issuing negotiable bonds, and notes in anticipation of bonds, pursuant to
this chapter to finance the cost of the establishment or extension of a district and the improvements therein which it may
lawfully construct or acquire pursuant to this chapter.
9 Del. C. 1953, § 4625; 56 Del. Laws, c. 103, § 13.;
§ 4627. Bond resolution vote required.
The county government shall authorize the issuance of bonds by a "bond resolution" passed by the affirmative vote of at least
three fifths of all its members.
9 Del. C. 1953, § 4626; 56 Del. Laws, c. 103, § 13.;
§ 4628. Form and content of bond resolution.
Every bond resolution adopted pursuant to this chapter shall be properly dated and shall bear a title indicating the type
of obligation to which it relates and shall contain, in substance, at least the following provisions:
(1) A statement of the specific purpose for which the obligations authorized by the resolution are to be issued; such specific
purpose to be described in brief and general terms sufficient for reasonable identification;
(2) If the obligations to be authorized are for a specific purpose, a statement of the estimate of the maximum cost of each
item of such specific purpose, such statement shall also set forth the plan for the financing of such purpose which shall
indicate the sources of the amounts of money which have been previously authorized to be applied to the payment of the cost
of each purpose, and the intended source or sources other than the proceeds of such obligations of the balance of the money
to be so applied;
(3) A statement of the amount of bonds to be issued for such specific purpose; and
(4) A determination of the period of usefulness of the project within the limitations provided for in this chapter computed
from the date of issuance of the first obligation in reference thereto.
9 Del. C. 1953, § 4627; 56 Del. Laws, c. 103, § 13.;
§ 4629. Procedure for passage of bond resolution.
Every bond resolution shall be introduced in writing in the form in
which it is to be finally passed, and upon final passage shall be published in
full in at least 1 newspaper published in the County and having general
circulation therein together with a notice in substantially the following
form:
NOTICE
The bond resolution published herewith was adopted on the......... .
day of.............. ., 19... ., and the validity of the obligations
authorized by such resolution may be hereafter contested only if:
(1) Such obligations are authorized for a purpose for which the County
is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within 20
days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of
9 Del. C. 1953, § 4628; 56 Del. Laws, c. 103, § 13.;
§ 4630. Effective date of bond resolution.
Each bond resolution shall take effect immediately after passage.
9 Del. C. 1953, § 4629; 56 Del. Laws, c. 103, § 13.;
§ 4631. Authorization of notes in anticipation of bonds.
In anticipation of the issuance of bonds, the county government may by resolution authorize the issuance of negotiable notes
when it shall have theretofore authorized the issuance of bonds. Such notes shall mature within 1 year from the date of their
issue and may be renewed from time to time, but each renewal shall be for a period not exceeding 1 year, and in no event shall
such notes extend more than 7 years beyond the original date of issue.
9 Del. C. 1953, § 4630; 56 Del. Laws, c. 103, § 13; 63 Del. Laws, c. 33, § 1.;
§ 4632. Other proceedings by resolution.
All matters in connection with the authorization, sale and issuance of the bonds or notes not specifically required to be
provided in the bond resolution may be determined or provided by subsequent resolutions adopted by the affirmative votes of
at least the majority of the members of the county government.
9 Del. C. 1953, § 4631; 56 Del. Laws, c. 103, § 13.;
§ 4633. Payment of bonds.
The bonds may be payable at such time or times as may be determined in the bond resolution, or by resolution adopted subsequent
to the adoption of the bond resolution, within the limitations provided in this chapter.
9 Del. C. 1953, § 4632; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 3.;
§ 4634. Payment of installment.
The last installment of each authorized issue of bonds shall be paid not later than the date of expiration of the period of
usefulness of the project for the financing of which such bonds are issued, as determined in the bond resolution authorizing
the issuance of the bonds, computed from the date of issuance of the bonds or of the issuance of the first note or notes,
whichever is the earlier.
9 Del. C. 1953, § 4633; 56 Del. Laws, c. 103, § 13.;
§ 4635. Period of usefulness.
(a) The following maximum periods of usefulness are hereby prescribed for the respective projects authorized by this chapter,
and the period of usefulness of any project, determined in any bond resolution shall, in no event, exceed the maximum period
hereby prescribed for that project.
(b) The acquisition, construction or reconstruction of a sewage system or an addition thereto, whether or not including treatment
or disposal plants or buildings, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment,
machinery or apparatus, is 40 years; the replacement or the later addition of furnishings is 10 years.
9 Del. C. 1953, § 4634; 56 Del. Laws, c. 103, § 13.;
§ 4636. Consolidation of bond issues.
Bonds for 1 or more specific objects or purposes or classes of objects or purposes, or a combination thereof, may be consolidated
and sold as a single bond issue.
9 Del. C. 1953, § 4635; 56 Del. Laws, c. 103, § 13.;
§ 4637. Public sale of bonds.
All bonds issued under this law, except as otherwise provided in § 4644 of this title and except bonds of authorized issues
of $30,000 or less and having a maximum maturity of not more than 5 years from the date of issuance of such bonds, shall be
sold at public sale upon sealed proposals after at least 10 days notice published at least once in a publication carrying
municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, published in
the City of New York, and at least 10 days notice published at least once in a newspaper published in the County and having
general circulation therein. Bonds of authorized issues of $30,000 or less, and maturing as hereinabove set forth, and all
bond anticipation notes may be sold at private sale by such financial officer as the county government may by resolution provide.
9 Del. C. 1953, § 4636; 56 Del. Laws, c. 103, § 13.;
§ 4638. Contents of notice of sale -- Generally.
The public notice of sale of bonds shall describe the bonds and set forth the terms and conditions of sale. It shall invite
bidders to name the rate or rates of interest to be borne by the bonds, which rate or rates shall be stated in multiples of
one eighth or one tenth of 1 percent. The notice shall also state that the bonds will not be sold for less than par and accrued
interest.
9 Del. C. 1953, § 4637; 56 Del. Laws, c. 103, § 13.;
§ 4639. Same -- Award of bonds at single interest rate.
Unless the notice of sale permits the naming of more than 1 rate of interest, as hereinafter provided, it shall state that
all the bonds bid for shall bear a single rate of interest and, in case of a sale of more than 1 issue, after describing the
separate issues, shall state the combined maturities as if such combined maturities constituted a single issue. The notice
of sale shall state that the bonds will be awarded to the bidder offering the lowest interest rate and, as between bidders
offering the same lowest rate, to the bidder who offers to pay the highest cash premium.
9 Del. C. 1953, § 4638; 56 Del. Laws, c. 103, § 13.;
§ 4640. Same -- Multiple rate bidding.
The notice of sale may, as an alternative to a single interest rate, permit bidders to name 2 or more interest rates for the
bonds proposed to be sold, within such limitations as the notice of sale may provide. In such event it shall state that all
the bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost to the district,
such net cost being computed, as to each bid, by adding to the total principal amount of the bonds the total interest which
will be paid under the terms of the bid, after deducting from such interest the amount of premium, if any.
9 Del. C. 1953, § 4639; 56 Del. Laws, c. 103, § 13.;
§ 4641. Same -- Deposit.
The notice of sale shall require all bidders to deposit a certified or cashier's check for 2% of the amount of bonds proposed
to be sold, to secure the district from any loss resulting from the failure of the bidder to comply with the terms of his
bid.
9 Del. C. 1953, § 4640; 56 Del. Laws, c. 103, § 13.;
§ 4642. Same -- Rejection of proposals.
Each notice of sale shall reserve the right to reject any and all bids and shall state that any bid not complying with the
terms of the notice will be rejected.
9 Del. C. 1953, § 4641; 56 Del. Laws, c. 103, § 13.;
§ 4643. Proposals opened publicly.
All proposals shall be opened publicly at the time and place stated in the notice of sale, and not before, and shall be publicly
announced.
9 Del. C. 1953, § 4642; 56 Del. Laws, c. 103, § 13.;
§ 4644. Private sale to public agencies.
Notwithstanding this or any other law, any bonds may be sold without previous public offering to, and may be purchased by,
the Sinking Fund Commission or the Insurance or Pension Fund Commission of the County of Kent, or the State, or may be sold
to any agency acting on behalf of the United States of America.
9 Del. C. 1953, § 4643; 56 Del. Laws, c. 103, § 13.;
§ 4645. Form of bonds.
Bonds may be issued in form payable to bearer with coupons attached for the payment of interest and, if so issued, may be
made subject to registration as to principal only or as to both principal and interest.
9 Del. C. 1953, § 4644; 56 Del. Laws, c. 103, § 13.;
§ 4646. Form of notes.
Notes may be issued in fully registered form; or notes may be issued in form payable to bearer, with interest payable to bearer
on presentation for endorsement, and, if so issued, shall be subject to full registration. Interest on notes issued in registered
form and interest on bearer notes which have been registered shall be payable to the registered holder.
9 Del. C. 1953, § 4645; 56 Del. Laws, c. 103, § 13.;
§ 4647. Execution of bonds and notes.
All bonds and notes shall be executed in the name of the County of Kent by such officials, including a financial officer,
as may be designated by resolution of the county government, and shall be under the seal or a facsimile seal of the County
and attested by the Clerk. Coupons attached to a bond shall be authenticated by the manual signature or the facsimile signature
of the financial officer signing the bond.
9 Del. C. 1953, § 4646; 56 Del. Laws, c. 103, § 13.;
§ 4648. Bonds and notes redeemable prior to maturity.
No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity
on such notice, at such time or times, with such redemption provisions and at such redemption prices as may be stated in the
bond or note. When any such bond or note shall have been validly called for redemption, and any payment of the principal thereof
and of the interest thereon accrued to the date of redemption shall have been made or provided for, interest thereon shall
cease.
9 Del. C. 1953, § 4647; 56 Del. Laws, c. 103, § 13.;
§ 4649. Interest rates.
Bonds or notes issued pursuant to this law may bear interest at a rate or rates, without limitation, which may be determined
by resolution of the county government.
9 Del. C. 1953, § 4648; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 602.;
§ 4650. Application of proceeds.
After payment of the reasonable cost of issuance, including printing or engraving costs, advertising expense and legal and
other professional expenses, the proceeds of the sale of any bonds or notes shall be applied only to the purpose or purposes
for which the obligations were authorized to be issued, and any excess amount thereof or any amount thereof which for any
reason is not necessary for any such purpose, shall (1) be applied to payment of such obligations at not more than their face
value, and (2) be applied to payment of the first maturing installments of such issue.
9 Del. C. 1953, § 4649; 56 Del. Laws, c. 103, § 13.;
§ 4651. Bonds and notes negotiable.
All bonds and notes of the County issued pursuant to this law, whether payable to bearer or in fully registered form, shall
be negotiable instruments.
9 Del. C. 1953, § 4650; 56 Del. Laws, c. 103, § 13.;
§ 4652. Reconversion of fully registered bonds.
Any bond originally issued in form payable to bearer with coupons attached may contain a provision that, when it has been
fully registered, it will, on the written request of the holder thereof, be reconverted, at the expense of such holder, into
a new coupon bond by the preparation and substitution of a new bond and coupons for unmatured interest, of the same form and
tenor as those originally authorized. Any such bond may again be converted into a fully registered bond and be reconverted
into a coupon bond from time to time in the manner herein provided. The resolution of the governing body authorizing any conversion
or reconversion shall set forth the date, maturities, interest rate, denominations, and numbers of the old and new bonds and
the name of the holder.
9 Del. C. 1953, § 4651; 56 Del. Laws, c. 103, § 13.;
§ 4653. Reissuance of bonds or notes lost or destroyed.
If lost or completely destroyed, any bond or note may be reissued in the form and tenor of the lost or destroyed bond upon
the owner furnishing, to the satisfaction of the governing body:
(1) Proof of ownership;
(2) Proof of loss or destruction;
(3) A surety bond in twice the face amount of the bond and coupons; and
(4) Payment of the cost of preparing and issuing the new bond or note.
9 Del. C. 1953, § 4652; 56 Del. Laws, c. 103, § 13.;
§ 4654. Reissuance of defaced or partially destroyed bonds or notes.
If defaced or partially destroyed, any bond may be reissued in the form and tenor of the defaced or partially destroyed bond
or note, to the bearer, or if registered, to the registered holder, at the expense of such holder, on surrender of the defaced
or partially destroyed bond or note, and on such other conditions as the resolution authorizing the reissuance may provide.
9 Del. C. 1953, § 4653; 56 Del. Laws, c. 103, § 13.;
§ 4655. Certain agreements forbidden.
In the issuance or sale of bonds or notes it shall be unlawful for the governing body, or any member or members thereof, or
any official of the County of Kent to:
(1) Agree to pay directly or indirectly any bonus for the issuance or for the sale of the obligations authorized, and every
such payment may be recovered by the County in an action at law;
(2) Enter into any agreement with any original purchaser or his representative regarding the deposit or disposition of any
moneys received or to be received from such sale and every such agreement shall be void;
(3) Enter into any agreement in the nature of a service contract providing for publication of notice of sale, and printing
of bonds or notes, and for the providing of a legal opinion or for any technical or advisory services used in connection with
the issuance of bonds or notes, unless such agreement provides that any advisor, agent, technician or any other person acting
in an advisory capacity agrees not to offer to purchase or to participate in the purchase, or in the distribution of the bonds
or notes at public or private sale; and any agreement to the contrary shall be void and any money or compensation paid thereon
may be recovered by the County in an action at law.
9 Del. C. 1953, § 4654; 56 Del. Laws, c. 103, § 13.;
§ 4656. Payment of bonds and notes.
The power and obligation of the County to pay all bonds and notes hereafter issued by it pursuant to this chapter shall be
unlimited. The full faith and credit of the County is hereby pledged for the payment of the principal of and the interest
on all bonds and notes of the County hereafter issued pursuant to this chapter whether or not such pledge be stated in the
bonds or notes, or in the bond resolution, or note resolution, authorizing their issuance. Bonds or notes issued for the purpose
of acquiring, constructing, extending or improving projects authorized by this chapter may be additionally secured by a pledge
of the revenue derived from the operation of said enterprise, as may be provided in the bond resolution or note resolution,
authorizing the bonds or notes.
9 Del. C. 1953, § 4655; 56 Del. Laws, c. 103, § 13.;
§ 4657. Appropriation may include engineering and other costs.
In determining the amount to be appropriated for a project pursuant to this chapter, the county government may include the
engineering, legal and other professional costs, and other costs of acquisition, construction or reconstruction of the property
or improvement to be financed. Interest on notes issued during the construction period may also be financed.
9 Del. C. 1953, § 4656; 56 Del. Laws, c. 103, § 13.;
§ 4658. Validity of bonds not dependent on preliminary proceedings.
It is the intent of this chapter that the power to issue obligations under this chapter and the validity of the bonds or notes
so issued shall not be affected by, or be dependent in any way on the validity or the regularity of any proceedings for the
issuance of any bonds or notes to be renewed, ex