CHAPTER 582

DELAWARE CITY WATER SUPPLY

AN ACT TO AMEND CHAPTER 539, VOLUME 20, LAWS OF DELAWARE, RELATING TO THE WATER SUPPLY FOR DELAWARE CITY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members of each Branch thereof concurring therein):

Section 1. Amend Chapter 539, Volume 20, Laws of Delaware by striking out Sections 1, 2, 3, 4 and 5 thereof and substituting the following four sections :

Section 1. The Mayor and Council of Delaware City are hereby authorized and empowered to grant by ordinance hereafter to be passed by them permission to private party or parties the privilege for a term of twenty years to establish water works within the limits of Delaware City with sufficient capacity and an ample supply of pure water for domestic purposes and for protecting the said city against fire.

Section 2. The Mayor and Council of Delaware City are hereby authorized and empowered to contract with a water company for a term of twenty years, with options to the company to renew same for additional periods of ten years each, for an ample supply of water for protecting said city against fire and flushing gutters, etc., the same to be at a cost of not more than Three Hundred Dollars ($300) per annum. The Mayor and Council of Delaware City under no circumstances to relieve the water company from responsibility for any damage they may do to private property, the said contract with the water company not to be signed by The Mayor and Council of Delaware City until after it is submitted to the citizens at a town meeting for their approval or rejection.

Section 3. The Mayor and Council of Delaware City shall not be required to grade the streets for the purpose of laying the water pipes.

Section 4. At the expiration of the term of twenty years or any extensions thereof, the Mayor and Council of Delaware City may, at their option, upon written notice at least one year prior to expiration of contract or any extensions or renewals thereof, purchase the water plant and appurtenances erected in pursuance of said agreement at a price agreed upon by three of five arbitrators, two of said arbitrators to be selected by the party owning the plant, two by the Mayor and Council of Delaware City, and the other by the resident county judge of the Superior Court. Should the Mayor and Council of Delaware City fail to serve written notice of the intent to purchase the water plant and appurtenances as above provided, the contract shall be automatically renewed for an additional term or terms of ten years each.

Approved February 29, 1956.