CHAPTER 186 - MILLSBORO

AN ACT TO AUTHORIZE THE COMMISSIONERS OF MILLSBORO TO BORROW ONE HUNDRED THOUSAND DOLLARS, ($100,000.00), AND TO ISSUE BONDS TO SECURE THE PAYMENT THEREOF, FOR THE PURPOSE OF PROVIDING A SEWER SYSTEM FOR THE TOWN OF MILLSBORO AND TO CONTROL AND REGULATE THE SAME.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all members elected to each branch thereof concurring therein):

Section 1. That "The Commissioners of Millsboro", a municipal corporation of the State of Delaware, be, and it is hereby, authorized and empowered to borrow, on the faith and credit of the Town of Millsboro, a sum of money not exceeding One Hundred Thousand Dollars, ($100,000.00), which may be applied, appropriated and expended to build, construct, maintain and Operate, under such rules and regulations as "The Commissioners of Millsboro" may deem necessary and proper, a sewer system and sewerage disposal works for the use and benefit of the Town of Millsboro and its inhabitants.

Section 2. That the said "The Commissioners of Millsboro", for the purpose of carrying into effect the provisions of this Act, is hereby authorized and empowered to issue bonds of the municipal corporation of such denominations as the said "The Commissioners of Millsboro" may deem best, said bonds to be known as "Millsboro Sewer Bonds", all of which are to bear the same date and to bear interest at a rate not exceeding four percentum (4%) per annum, payable semi-annually at the office of Millsboro Trust Company, at Millsboro, Delaware. The principal of said bonds shall be made payable at the expiration of twenty (20) years from the date of issue thereof, subject, however, to redemption at the option of "The Commissioners of Millsboro" at any interest period after the issuance of the bonds, after notice to that effect published in at least one issue of a newspaper published in Sussex County, Delaware.

Section 3. That the said "The Commissioners of Millsboro" shall direct and effect the preparation and printing of the bonds authorized by this Act, and shall also prescribe the form of said bonds, which shall be signed by the President and by the Treasurer of the said "The Commissioners of Millsboro" and shall be sealed with the corporate seal of said corporation. Said bonds shall be exempt from all State, County and Municipal taxes. The bonds may or may not be coupon bonds as "The Commissioners of Millsboro" may determine.

Section 4. "The Commissioners of Millsboro" shall direct the sale of the said bonds authorized by this Act at such time or times and on such terms as the said "The Commissioners of Millsboro" shall deem expedient.

Section 5. That the said "The Commissioners of Millsboro" is hereby authorized and required to assess and collect annually in the same manner as is now provided by law for assessing and collecting other taxes for municipal purposes, a special tax, which in addition to the estimated net revenue to be derived from sewer rentals shall be sufficient to pay all the interest accruing on said bonds. And it is further hereby authorized and empowered to assess and collect annually in the same manner a further special tax for the purpose of establishing a sinking fund adequate for the redemption at maturity, as prescribed in this Act, of the bonds issued under the provisions of this Act; provided, that the amount to be raised by taxation for the purpose of establishing said sinking fund for the redemption of said bonds shall not exceed the sum of Five Thousand Dollars ($5,000.00), in any one year. The sinking funds to be provided shall be deposited in the Millsboro Trust Company, at Millsboro, Delaware, until such time as it may be needed for the redemption of any or all of said bonds.

Section 6. That the said "The Commissioners of Millsboro" is hereby authorized and empowered to do all things necessary for the location, erection, construction, equipment and operation of said sewer system and sewerage disposal works and to provide for the care and maintenance of the same, and to purchase all such instruments, appliances and supplies as may be necessary for establishing said sewer system and sewerage disposal works in said town, and for furnishing the citizens and inhabitants thereof with proper and adequate sewerage facilities, and to effect the same "The Commissioners of Millsboro" shall have the power and authority to lay pipes and conduits under and along any of the streets, lanes, alleys or highways of said town, or any road adjacent thereto, and also to contract and agree with the owner or owners for the occupation or purchase of any land or lands which may be necessary for the purpose of carrying into effect the provisions of this Act. In the event, however, that any owner of property should fail to agree with the Town, "The Commissioners of Millsboro" shall have full power of eminent domain over any lands or property rights required for any purpose connected with the installation or operation or extension of the said sewer system and shall be able to condemn property rights for the use of the sewer system in the same manner and to the same extent as Commissioners of Millsboro are authorized to do in connection with the public streets within the said Town. "The Commissioners of Millsboro" shall have authority to, require any premises to be connected to the sewer system, and in the event that any property owner should neglect to connect his property immediately after ordered to do so by "The Commissioners of Millsboro", the said Commissioners shall have the authority to connect the premises with the sewer as ordered and to collect the cost of such connection by the same process as Town Taxes are collectable. The said "The Commissioners of Millsboro" shall have the supervision and control of all public pipes, sewers and drains connected with said sewer system and sewerage disposal works, whether within or without the corporate limits of said Town of Millsboro, and may alter, repair and remove the same and may cause new pipes, drains and sewers to be made and opened. The said "The Commissioners of Millsboro" may cause such pipes, sewers and drains to be laid in any of the said streets, lanes, alleys or highways of the said town in such manner and of such material as it, the said "The Commissioners of Millsboro" may deem proper. The said "The Commissioners of Millsboro" is hereby authorized to make rules regulating the tapping or use of public sewers by the owners of abutting land, and shall provide for the granting of permits for the same and for the payment of such tapping fees and sewer rental charges as the said "The Commissioners of Millsboro" shall deem proper; and it shall prescribe the material of all private drains or sewers which shall enter into any public sewer and shall direct the manner in which they shall be laid.

Section 7. That the said "The Commissioners of Millsboro" is authorized and empowered to engage the services of such agents and servants as it may deem necessary in the erection and completion of said sewer system and sewerage disposal works as herein provided.


Section 8. That the said "The Commissioners of Millsboro" is hereby authorized and empowered to adopt such ordinances as it may deem necessary for the operation, management and control of said sewer system and sewerage disposal works, and shall grant to all persons and corporations in the said Town of Millsboro the privilege of using said sewers in such manner and upon such terms and conditions as may seem just and proper to the said "The Commissioners of Millsboro".

Section 9. The One Hundred Thousand Dollars ($100,000.00), of bonds and various forms of indebtedness to be paid by the moneys arising from the sale of the bonds issued under the provisions of this Act shall be cancelled when the same is paid by writing on the face of each bond or other form of indebtedness the words "Cancelled and paid" with the date of payment and signed by "The Commissioners of Millsboro", and the bonds or other forms of indebtedness so cancelled shall be preserved by "The Commissioners of Millsboro".

Section 10. That before the provisions of this Act shall go into effect the borrowing of a sum of money not to exceed One Hundred Thousand Dollars ($100,000.00), as aforesaid, shall be submitted to and approved by a majority of the votes cast at a special election. The said election shall be called by "The Commissioners of Millsboro" and shall be held, certified to and recorded in the same manner as the election of the officers of said Town. At such election each person shall be qualified to vote one vote for every dollar of property tax which is assessed against him on the books of "The Commissioners of Millsboro" as of the date of the election. If the borrowing of the said money shall not be approved' by a majority of the said votes at said special election, the said "The Commissioners of Millsboro" is authorized and directed to call any other special elections from time to time, to be held in like manner and for the same purpose as the above described election, with the provision that no two special elections shall be called for this purpose within six months of each other.

Section 11. That the faith and credit of the Town of Millsboro are hereby pledged for the payment of bonds authorized to be issued under the provisions of this Act.

Approved April 24, 1945.