CHAPTER 94

LEVY COURT - SUBURBAN COMMUNITY CODE

AN ACT TO AMEND CHAPTER 123, VOLUME 45, LAWS OF DELAWARE, AS AMENDED, ENTITLED "SUBURBAN COMMUNITY CODE," BY PROVIDING FOR REVISIONS IN THE PROCEDURE TO SELL BOND ISSUES; AUTHORIZATION TO USE EXCESS BOND ISSUE FUNDS TO FINANCE OTHER PROJECTS IN OTHER SUBURBAN COMMUNITIES; SUBURBAN COMMUNITY CONTRACTS TO BE EXEMPT FROM LIMITATION OF COUNTY CONTRACT LAWS; AND MEANS OF ACQUIRING AND CONDEMNING ADEQUATE RIGHTS-OF-WAY WHERE INADEQUATE RIGHTS-OF-WAY EXIST OR WHERE RIGHTS-OF-WAY ARE IN QUESTION.

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 further amended by repealing Section 12 thereof and by substituting in lieu thereof a new Section 12 as follows:

"Section 12. ISSUANCE OF BONDS BY THE LEVY COURT; TERMS AND CONDITIONS, THEREOF; USE OF GENERAL FUNDS OF LEVY COURT:--Provided the vote of the community is in the affirmative, the Levy Court shall promptly meet and by resolution authorize the issuance of bonds, except as hereinafter specifically provided, to defray the expenses of improvement or improvements favored by the freeholders of said community. Said resolution shall specifically state that the bond issue shall not be advertised until after contract bids have been received and thereby the contract cost definitely determined. The amount of the bond issue shall be determined by taking the amount of the contract bid and up to ten percent (10%) there-over. Said resolution shall also state the purpose of the bond issue, the date of maturity, or that the bonds shall mature serially or be retired by lot, as the case may be, and all other terms and conditions under which said bonds are to be issued. Said Levy Court, before deciding upon the terms and conditions of said bond issue, shall seek the advice of at least two substantial bankers or brokers in Delaware accustomed to dealing in municipal, county or state bond issues. In the event that the contract bid or bids, hereinabove provided, after making provision for ten percent (10%) over and above contract bid or bids is or are less than Twenty Thousand Dollars ($20,000.00) the Levy Court may use monies in its own general fund to defray costs of construction. Notwithstanding the provisions of Section 28 of this chapter the Levy Court may also use excess monies from previous bond issues to finance contract costs in whole or in part for projects in other suburban communities."

Section 2. That Chapter 123, Volume 45, Laws of Delaware, as amended, be and the same is hereby further amended by repealing Section 17 thereof and by substituting in lieu thereof a new Section 17 as follows:

"Section 17. CONTRACTS FOR IMPROVEMENTS; COMPETITIVE BASIS REQUIRED; PRACTICE TO BE FOLLOWED:--Immediately upon receiving and reviewing contract bids, the Levy Court shall proceed to enter into a contract or contracts for the required improvements. The letting of said contracts shall be upon a competitive basis pursuant to public advertisement of the intention of the Levy Court to receive sealed proposals for the work on said improvements. In every respect, the letting of said contracts shall follow the practice of the State Highway Department in letting the State Highway Department contracts."

Section 3. That Chapter 123, Volume 45, Laws of Delaware, as amended, be and the same is hereby further amended by adding a completely new section to be known as Section 32:

"Section 32. CONTRACTS EXEMPT FROM LIMITATIONS OF COUNTY CONTRACT LAWS:--Contracts entered into by the Levy Court under the provisions of this chapter shall in all cases be exempt from monetary limitations now set forth in Levy Court Contract Laws."

Section 4. That Chapter 123, Volume 45, Laws of Delaware, as amended, be and the same is hereby further amended by adding a new section to be known as Section 33:

"Section 33. RIGHTS-OF-WAY:--In the event that street rights-of-way are inadequate or where street rights-of-way are in question, the State Highway Department shall have authority to acquire the rights-of-way necessary for the suburban community construction project. In every respect, the acquisition of such necessary street rights-of-way shall follow the then current practice of the State Highway Department in acquiring rights-ofway for State Highway Department contracts."

Approved May 11, 1951.