CHAPTER 96

NEW CASTLE EXTENDING LIMIT FOR SUPPLYING WATER

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH A BOARD OF WATER AND LIGHT COMMISSIONERS FOR THE CITY OF NEW CASTLE" CHAPTER 121, VOLUME 32, LAWS OF DELAWARE, BY EXTENDING TO THREE MILES BEYOND THE CORPORATE BOUNDARIES OF THE CITY OF NEW CASTLE THE TERRITORY IN WHICH THE MAYOR AND COUNCIL OF NEW CASTLE, ACTING THROUGH THE BOARD OF WATER AND LIGHT COMMISSIONERS OF NEW CASTLE MAY SUPPLY WATER.

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

Section 1. The Mayor and Council of New Castle, through the agency of the Board of Water and Light Commissioners, in addition to the power and authority which it now has to supply and distribute water within the corporate limits of the City of New Castle, may, in its discretion supply and distribute water throughout all of that territory included within three miles of the corporate limits of said City.

Section 2. The Board of Water and Light Commissioners for the City of New Castle shall determine the person or persons, firm or firms, corporation or corporations, to which it shall supply and distribute water throughout said territory included within three miles of the boundary of said corporate limits; shall fix the rates therefor; shall regulate the use of said water; and shall supply the same upon such terms and conditions as may be agreed upon by said person or persons, firm or firms, corporation or corporations, and the said Board of Water and Light Commissioners.

Section 3. The Mayor and Council of New Castle, by and through the agency aforesaid, shall have and exercise all the power and authority necessary to the accomplishment of said supplying and distributing of water throughout the territory included within three miles of the boundary of said corporate limits as it now has and exercises in the installation, operation and maintenance of its systems for supplying and distributing water in the City of New Castle.

Section 4. Whenever the Board of Water and Light Commissioners shall deem it necessary or expedient to obtain private property either within the limits of the City of New Castle or without such limits to a distance not exceeding three miles for the purpose of constructing facilities for the supplying and distributing of water and shall advise the Council of the Mayor and Council of New Castle, in writing, of the location, description and estimated fair value for which such property is deemed necessary or expedient, the said Council shall be empowered to acquire such property by agreement with the owner thereof or if such agreement cannot be reached, the' said property or land may be acquired by condemnation proceedings in the same manner and subject to the same conditions and proceedings as prescribed and fully set forth in Section 25 of an Act entitled "An Act Amending, Revising and Consolidating the Charter of the City of New Castle" being Chapter 216 of Volume 27, Laws of Delaware, and all Acts amendatory thereof and supplemental thereto for condemning and taking land for the purpose of laying-out, opening, extending or widening of any street, road, lane or alley in the City of New Castle.

Approved May 11, 1951.