CHAPTER 77

NEW CASTLE COUNTY LEVY COURT RELATING TO UNINCORPORATED COMMUNITIES IN NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 43, REVISED CODE OF DELAWARE, 1935, RELATING TO LEVY COURTS, AND PROVIDING FOR LIGHTING STREETS AND/OR HIGHWAYS IN UNINCORPORATED COMMUNITIES OR VILLAGES IN NEW CASTLE COUNTY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 43, Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing 1180. Section 34 of said Chapter and by inserting in lieu thereof the following:

1180. Sec. 34. Upon the petition of a majority of the property owners of any unincorporated community or village in New Castle County, filed on or before the first Tuesday in any month in any year, the Levy Court of said County may enter into a contract with any electric, gas or other lighting companies to light and illuminate, the streets and/or highways running through, bounding and within said community or villages, with electric light, gas light, or other illuminant. The petition of the said property owners shall set forth the boundary lines of the community to be lighted. Street lights shall be of such candle power electric or its equivalent in other illuminating mediums as shall be determined by the said Levy Court. The said Levy Court may enter into contracts for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.

Section 2. That Chapter 43, Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing 1181. Section 35 of said Chapter and by inserting in lieu thereof the following:

1181. Sec. 35. The said Levy Court, for the purposes of carrying out any such contract so entered into as aforesaid, shall levy for the installation and maintenance of such lights in any such community with respect to which such a contract has been entered into as aforesaid, an annual tax based upon the full annual cost of street and/or highway illumination upon all property within the boundary lines of said community or village as set forth in the petition provided for by Section 34 of this Chapter, based upon the assessment for County purposes. Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes. No such taxes shall be levied against farm land.

The County Treasurer of New Castle County shall receive all such taxes collected for such purpose and shall keep the same in a separate account and pay out the same only upon orders signed by the President of the said Levy Court, and approved by the Comptroller of said County. The said officers shall receive no additional compensation for the performance of any duty required of them or any of them under this Section. If, after payment of all contracts entered into as herein provided, there remains a surplus in the Light Account, this surplus shall be applied to reduce the Light Tax Rate for the succeeding taxable year.

Section 3. That Chapter 43, Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing 1183A. Section 37A of said Chapter.

Approved May 10, 1951.