CHAPTER 377

NEW CASTLE COUNTY LEVY COURT PROVIDING FOR INCINERATION PLANT

AN ACT TO AUTHORIZE THE LEVY COURT OF NEW CASTLE COUNTY TO PROVIDE FOR THE PURCHASE, ACQUISITION, CONSTRUCTION, RECONSTRUCTION, OPERATION AND MAINTENANCE OF AN INCINERATION PLANT; TO AUTHORIZE THE PURCHASE OR ACQUISITION OF LAND AND INTERESTS HEREIN IN CONNECTION THEREWITH; TO AUTHORIZE THE EXERCISE OF THE POWER OF EMINENT DOMAIN IN CONNECTION THEREWITH; TO AUTHORIZE THE ISSUANCE OF BONDS FOR THE FINANCING THEREOF.

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

Section 1. The Levy Court of New Castle County shall be and is hereby granted full power and authority to acquire land or any interest therein at any place within New Castle County that it shall deem advisable and to construct and operate upon the land so acquired an incineration or garbage disposal plant or plants. The Levy Court is authorized to enter into contracts and agreements with persons, firms or corporations relative to the purchase of the land and to the building, constructing and equipping of an incineration or garbage disposal plant or plants and may require from the said persons, firms or corporations proper security for the faithful performance of the work to be done. The Levy Court may engage the services of competent architects and engineers in connection with the construction of the said plant or plants and shall award any contract to the lowest responsible bidder with the right to reject any and all bids.

Section 2. The said Levy Court may acquire said land or interest therein either by purchase or by the exercise of the right of eminent domain which is hereby expressly granted. In any case in which the Levy Court shall consider it necessary to acquire the said land or interest therein by the right of eminent domain, the Levy Court shall proceed in accordance with the provisions for the exercise of the power of eminent domain as contained in Chapter 101, Volume 43, Laws of Delaware, 1941. The right of eminent domain herein granted shall extend to and include the right to acquire the fee simple title to land, or an easement, or a right-of-way in, to, over or above such land or property as the Levy Court may deem necessary.

Upon the institution of condemnation proceedings by petition and notice aforesaid, the said Levy Court may, in its discretion, state in said petition that the possession, right to enter, or occupancy of said land or interest therein is necessary to the project without delay, and the title to said land in fee simple absolute, or such less estate or interest therein, as may be specified, shall immediately pass and vest to the said Levy Court, and said lands or interest therein shall be deemed to be condemned and taken for the use of said New Castle County, and the right to just compensation therefor shall vest in and to the person or persons entitled thereto. In the event of an immediate taking as herein specified, the said Court or Judge shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner, and to make such orders in respect to encumbrances, leases, taxes, rights, assessments, insurance, or other charges, if any, as shall be just and equitable. The right to take possession and title in advance of final order or judgment in condemnation proceedings as provided herein shall be in addition to any right, power or authority conferred by the Laws of the State of Delaware under which such proceedings may be conducted, and shall not be construed as limiting or modifying any such right, power or authority.

Section 3. The Levy Court shall have authority to enter into contracts, leases or agreements of any nature pertaining to the operation of the said incineration and garbage disposal plant or plants, including the right to sell such portion of land acquired as may not be necessary to use. The power to contract shall include the power to contract with any governmental agency of any sort whatsoever and to receive grants in aid from any such agency or any other person or organization. The Levy Court may adopt regulations and establish fees and charges for the services rendered by the said incineration and garbage disposal plant or plants.

Section 4. The Levy Court of New Castle County is hereby authorized and empowered to borrow money upon the faith and credit of the County as hereinafter provided for the purpose of acquiring land and property for the establishment of an incineration and garbage disposal plant or plants and for the construction of such a plant or plants in New Castle County and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such rate of interest, not exceeding three per centum (3% ) per annum and in such form as the Levy Court shall deem expedient. The interest upon said bonds shall be payable semi-annually in each and every year after the date of issuance thereof.

Section 5. The Levy Court of New Castle County shall decide upon and determine the form and time or times of maturity of said bonds provided that no bond shall be issued for a term exceeding twenty-five (25) years. Said bonds may or may not at the option of the Levy Court be made redeemable at such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the Levy Court prior to the issuance of the bonds.

Section 6. Said bonds shall be prepared under the supervision of the Levy Court Commissioners and shall be signed by the County Treasurer, the President of the Levy Court and the Clerk of the Peace of New Castle County, and shall be under the seal used by the Levy Court of New Castle County. It shall be the duty of such officers to execute said bonds when directed by the Levy Court to do so, and it shall be the duty of the County Treasurer and the Levy Court to keep a record of said bonds.

Section 7. Said bonds or any part thereof may be sold when and as the Levy Court shall by resolution determine and until sold shall remain in the custody of the County Treasurer. Whenever in the judgment of the Levy Court it shall be deemed advisable that any part or all of said bonds shall be sold, said Levy Court may sell and dispose of the same at public sale after having advertised the same in the public press at least once each week for at least two weeks. No commission or other compensation shall be charged or paid to any members of the Levy Court for effecting the sale or negotiation of said bonds.

Section 8. Said bonds, principal and interest shall be payable at the Farmers' Bank of the State of Delaware, at Wilmington, Delaware, out of the money from time to time appropriated for that purpose by the Levy Court of New Castle County as hereinafter provided; and the said Levy Court is hereby authorized and directed to pay the interest on said bonds at the Farmers' Bank when and as the same shall become due, and pay said bonds when and as they mature in accordance with the foregoing. The said Levy Court in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the County Treasurer be set apart by him in a separate account to be opened for that purpose; and the said County Treasurer shall apply the said sum annually to the payment of such part of said loan and interest thereon as may from time to time become due under the provisions of this Act.

Section 9. All money received from the sale of any or all of said bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited by the County Treasurer in the Farmers' Bank of the State of Delaware, at Wilmington, Delaware, to the credit of the Levy Court of New Castle County in a separate account and payments thereof shall be made in the same manner as other payments by said Levy Court; provided that no part of the money thus obtained, except as in this Section provided, shall be used for any other purpose than those hereinbefore stated; and provided further that the purchasers or holders of said bonds shall not be bound to see to or to be affected by the application of said money realized from the sale of said bonds. Said bonds shall contain such provisions, not inconsistent with the requirements of this Act, as the Levy Court may deem expedient. Said bonds shall be exempt from all State, County and Municipal taxation.

Approved June 21, 1951.