CHAPTER 224

RELATING TO CITY OF NEWARK

AN ACT TO AMEND AN ACT ENTITLED "AN ACT CHANGING THE NAME OF THE 'TOWN OF NEWARK' TO THE 'CITY OF NEWARK' AND ESTABLISHING A CHARTER THEREFOR" BY CHANGING THE CONDEMNATION PROVISIONS TO CONFORM TO THE STATE UNIFORM CONDEMNATION ACT, BY CHANGING THE PROVISIONS RELATING TO THE INSTALLATION OF SANITARY SEWERS AND BY PROVIDING FOR A MUNICIPAL LIEN DOCKET.

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

Section 1. That Section 48 of Chapter 152 of Volume 48, Laws of Delaware, is amended by striking out all of the second sentence of the first paragraph thereof and by striking out all of the second paragraph thereof, and by inserting in lieu of said second sentence of the first paragraph thereof the following words:

"If the City of Newark fails to reach an agreement with the owner or owners of such property, it shall have the power to take such property by condemnation proceedings in conformity with the law of the State of Delaware applicable to condemnation proceedings; provided, however, that the right of condemnation shall not extend to property owned by the State of Delaware or any agency thereof."

Section 2. That Section 51 of Chapter 152 of Volume 48, Laws of Delaware, is amended by striking out the last sentence of the second paragraph and by striking out all of the third, fourth and fifth paragraphs thereof.

Section 3. That Section 52 of Chapter 152 of Volume 48, Laws of Delaware, is amended by striking out the words "in the same way and under the same rules and procedure as herein-before provided in case of streets, etc." appearing in lines 11, 12 and 13 in the first paragraph thereof.

Section 4. That Section 52 of Chapter 152 of Volume 48, Laws of Delaware, is further amended by striking out the first four sentences of the second paragraph thereof and by inserting in lieu thereof the following:

The Council is hereby authorized and empowered to construct or acquire by condemnation, agreement, purchase, or gift such sewage disposal plants, pumping stations, sewers or sewer systems within the City of Newark or adjacent thereto as may seem to the Council necessary to meet the requirements of the City. The Council is likewise authorized and empowered to make agreements with the Levy Court of New Castle County to permit interconnection of their respective sewer systems. Whenever the Council shall determine that construction, improvement, alteration, or repair of sanitary sewers is required, it shall order the City Engineer to undertake the work and surveys necessary to make a report estimating costs. The Council may perform such construction, improvement, alteration or repair by contract or municipal agency. The Council shall fix by resolution the amount of money which shall be paid by any owner of any property for the construction, improvement, alteration or repair and operation of said sanitary sewers. Except as otherwise provided herein said amount shall be based upon the lineal feet of said property abutting upon that portion of the street in which any sanitary sewer may be laid, or abutting said sanitary sewer if not laid in the bed of the street, each such lineal foot being assessed alike.

Section 5. That Section 52 of Chapter 152 of Volume 48, Laws of Delaware, is further amended by striking out the eighth sentence in paragraph two thereof beginning with the words "No property shall be assessed for the cost of constructing--" and by inserting in lieu thereof the following sentence:

Property not abutting that portion of a street in which any sanitary sewer may be laid, or not abutting said sanitary sewer if not laid in the bed of a street, shall not be assessed for the cost of constructing said sanitary sewer unless the owner of said property shall connect to said sanitary sewer in which case the Council shall determine by resolution the number of lineal feet for which said property shall be assessed, and said property shall not be liable for any further assessment for sanitary sewer purposes.

Section 6. That Chapter 152, Volume 48, Laws of Delaware, is amended by inserting a new section immediately following Section 53 to be known as Section 53 (A) to read as follows:

Section 53 (A). It shall be the duty of the Secretary under the supervision of the City Engineer to prepare a docket to be known as "City of Newark Municipal Lien Docket". Said docket shall be in substantially the same form as the judgment docket for New Castle County, shall contain all liens for unpaid sewer, sidewalk, or other municipal improvements for which special assessments are levied, and shall contain in the back thereof an index according to the name of the owner against whom such lien has been assessed. On and after July 1, 1953, no municipal lien shall be valid unless duly recorded in said docket. All liens duly recorded in said docket shall continue in full force and effect until said liens have been satisfied by payment, and when such liens are satisfied by payment, it shall be the duty of the Secretary to satisfy said record by entering therein the date of the final payment and the words "satisfied in full".

Approved July 1, 1953.