CHAPTER 353

WILMINGTON

AN ACT TO AUTHORIZE AND EMPOWER THE MAYOR AND COUNCIL OF WILMINGTON TO HAVE AND EXERCISE THE POWER TO ACQUIRE BY PURCHASE OR THROUGH THE POWER OF CONDEMNATION LANDS TO BE USED AS A DUMPING GROUND UPON WHICH TO PLACE GARBAGE AND REFUSE.

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

SECTION 1. Whenever a majority of the members of the Department of Health shall recommend to the Council the acquisition of any land or lands to be used as a dumping ground upon which to place garbage and refuse, the Council shall, by a vote of two-thirds of all the members thereof have power to purchase the same. If an amicable arrangement satisfactory to two-thirds of all the members of the Council cannot be made for such purchase, then such land, which shall be adequately described, may, under a resolution passed by two-thirds of all the members of the Council, be taken by The Mayor and Council of Wilmington for said purpose in the same manner and subject to the same conditions and proceedings as are prescribed for condemning and taking land for the purpose of extending, widening, laying out or opening streets in the said City; provided, however, that all proceedings in Court in the exercise of the power of condemnation shall be subject to and governed by Chapter 61, Title 10, Laws of Delaware, 1953.

SECTION 2. Any sum of money which may be agreed upon, or assessed, as the value of such land, or any portion of such money, the payment of which shall not have been otherwise provided for, shall be included in the next annual estimates and appropriations of the Council; and The Mayor and Council of Wilmington shall have power to borrow by note or bonds all money necessary to achieve and carry out the purposes hereof, all bond issues that may be authorized to carry out the purposes hereof shall be in accordance with the provisions of Chapter 92, Volume 35, Laws of Delaware, with all amendments thereto.

Approved April 3, 1958.