CHAPTER 331

SUBURBAN COMMUNITY CODE

AN ACT TO AMEND CHAPTER 123, VOLUME 45, LAWS OF DELAWARE, 1945, AS AMENDED, BEING THE SUBURBAN COMMUNITY CODE, WITH RESPECT TO STREET FRONTAGE AND STREET SIDEAGE TO BE SHOWN ON COMMUNITY PLOTS; VOTING RIGHTS OF SAID PROPERTY OWNERS; LIMITATIONS ON THE ISSUANCE OF BONDS; AND ASSESSMENTS ON PROPERTY OWNERS.

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 House thereof concurring therein):

Section 1. That Chapter 123, Volume 45, Laws of Delaware, as amended, be and the same is hereby amended by striking out and repealing all of Section 5 thereof, and substituting in lieu thereof, a new section as follows:

"Section 5. SURVEYS TO BE MADE BY STATE HIGHWAY DEPARTMENT; SURVEYS AND PLOTS OF COMMUNITY TO BE MADE; WHAT TO BE SHOWN THEREON:--Promptly upon the filing of a petition as prescribed in Section 3 hereof, the Levy Court shall adopt a resolution requesting the State Highway Department to survey and make a plot of said community, which plot shall show the boundaries of said community, the streets as then existing and the location, names and post office addresses of all freeholders in said community, as they appear on the records of the Board of Assessment of the county in which said suburban community is located, and the street frontage in feet owned by each said freeholder and in the case of corner properties the street frontage and street sideage in feet owned by each said freeholder."

Section 2. That Chapter 123, Volume 45, Laws of Delaware, as amended, be and the same is hereby amended by striking out and repealing all of Section 7 thereof, and substituting in lieu thereof, a new section as follows:

"Section 7. ELECTION TO AUTHORIZE BOND ISSUE; FREEHOLDERS ENTITLED TO VOTE THEREAT; TIME FOR HOLDING AND PREPARATION OF LIST OF QUALIFIED VOTERS; BONDS TO COVER COST OF IMPROVEMENTS; NOTICE OF ELECTION:--Upon the submission by said Chief Engineer of the State Highway Department to the Levy Court of complete plans, specifications and estimates covering said improvements, said Levy Court shall proceed to set a date for an election at which all freeholders of said community may vote, on the question whether the Levy Court should proceed to issue bonds in the manner hereinafter provided, in an amount sufficient to finance the cost of the improvements contemplated. Said election shall be held no less than twenty days and no more than thirty days after the submission of said plans and specifications and estimates to the Levy Court. The Clerk of said Levy Court shall prepare from the books and records of the Board of Assessment of the County in which said suburban community is situated, a list of the names and addresses of all freeholders of said suburban community. Opposite the name of each freeholder the Clerk shall put the number of votes each such freeholder may cast, which shall be on the basis of one vote for each front foot of property and one-half vote for each side foot of property, owned by each freeholder abutting said contemplated improvement or improvements. In determining the number of votes to be cast by each freeholder as set forth above, the fractions of feet shall be disregarded. Such list, except as hereinafter provided, shall constitute the voting list for said election."

Section 3. That Chapter 123, Volume 45, Laws of Delaware, as amended, be and the same is hereby amended by striking out and repealing all of Section 8 thereof, and substituting in lieu thereof, a new section as follows:

"Section 8. NOTICE OF ELECTION; WHAT NOTICE SHALL CONTAIN:--Thereafter and in no event less than twelve days prior to the date set for said election, the Clerk of the Levy Court shall cause to be mailed to each person on said voting list, at the address appearing on said list, a printed notice of the time and place of said election. Said notice shall state that the purpose of said election is to determine whether a majority of the residents of said community is in favor of the issuance of bonds by the Levy Court to cover the cost of the improvement or improvements contemplated. The notice shall also set forth the total cost of the improvement or improvements as determined by Section 12 hereof; said notice shall also state the total amount of such bond issue and a clear and concise description of each of the improvements contemplated, together with the estimated cost of each improvement."

Section 4. That Chapter 123, Volume 45, Laws of Delaware, as amended, be and the same is hereby amended, by striking out and repealing all of Section 20 thereof, and substituting in lieu thereof, a new section as follows:

"Section 20. ASSESSMENT ON REAL PROPERTY IN SUBURBAN COMMUNITY; TIME FOR MAKING THEREOF; BASIS FOR MAKING; PURPOSE OF ASSESSMENT:--Not later than 30 days after the date of receipt of the final contract costs from the State Highway Department by the Levy Court, but in no event more than eight months after the sale of said bond issue, the Levy Court shall make a special assessment or levy upon all real property of every freeholder in said suburban community which is now assessable and taxable. Such assessment shall be made in such a manner that the real property of each freeholder of said community upon the basis of all front footage and in the case of corner prcperties all front footage and fifty per cent of the side footage abutting upon the improvement or improvements, shall equitably bear its pro rata share of the costs of said improvement or improvements. In cases of irregular corner properties the State Highway Department shall determine the footage abutting the improvement or improvements that is to be considered as front and side footage. The provisions of this section and subsequent sections in this Act relating to side footage shall cover all such projects on which construction is undertaken under the provisions of the Suburban Community Code during the 1949 calendar year and thereafter, but shall not cover projects previously constructed. The sum total of all assessments, or levies, so made, shall equal the total amount of the final contract cost, together with all interest accruing on the full amount of the bond issue until maturity. In the event that final contract costs are not determined within

the aforementioned eight month period, the Levy Court shall make a temporary special assessment or levy upon the basis of the contract bid, together with all interest accruing on the full amount of the bond issue until maturity, said temporary special assessment to be adjusted when final contract costs are known."

In the event that monies from the general fund of the Levy Court are used as heretofore provided in Section 12, the special assessment shall be determined on the basis of final contract costs plus interest. The interest rate shall be the average rate of all interest on bonds issued for similar purposes during the previous calendar year. All interest collected from such special assessments shall be deposited in the special sinking fund account as hereinafter provided for in Section 28."

Approved June 30, 1949.