CHAPTER 49

AN ACT TO AMEND CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO CITY OF DOVER MUNICIPAL IMPROVEMENTS AND PROCEDURES FOR LEVYING SPECIAL ASSESSMENTS THEREFOR.

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. Section 28A, Chapter 158, Volume 36, Laws of Delaware, as amended, is amended by striking the last sentence from the last paragraph thereof.

Section 2. Section 28B, Chapter 158, Volume 36, Laws of Delaware, as amended, is amended by striking all of said Section 28B and inserting in lieu thereof the following:

Section 28B. The Council shall adopt an ordinance or resolution stating, in effect, that on a named day and at a named hour and place, the Council will meet to consider the question of paving or repaving, with specified material or materials, the named street in front of the property of named owners, and, of assessing the cost thereof against the owners. Said ordinance or resolution shall be published at least one week prior to the meeting aforesaid in at least one issue of a newspaper published in the City. The Council shall hold a meeting in accordance with said ordinance or resolution and shall hear thereat the named owners of property and other residents of the City appearing on the questions presented in said ordinance or resolution.

meeting or at a subsequent meeting, whether or not to proceed with the paving or repaving specified in said ordinance or resolution ; provided, however, that the Council shall not proceed with such improvement if, at or prior to the hearing aforesaid, the Council shall be presented with a written objection thereto signed by a majority of the owners of real property in front of which such paving or repaving was contemplated. The provisions of this subsection, relating to the paving or repaving of streets, shall be deemed to apply to and include curbs and gutters.

Section 3. Chapter 158, Volume 36, Laws of Delaware, as amended, is amended by adding a new Section 28C to read as follows:

Section 28C. The City shall have the authority to levy and collect special assessments upon property in a limited and determinable area for special benefits accruing to such property as a consequence of any municipal public work or improvement, and to provide for the payment of all, or any part of, the cost of the work, service or improvement out of the proceeds of such special assessments.

When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed to mean the person or persons who owned the property in question at the time of the enactment of the assessment ordinance, and, any change in ownership thereafter shall not be deemed to affect any of the steps or proceedings described in this Charter with respect to special assessments.

The Council shall also have the authority to enact ordinances which provide for the levy and collection of assessments against property owners for the cost of installation of sanitary sewers,

storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters and other public improvements.

Such ordinances shall prescribe : ( 1) the basis to determine the amount which shall be assessed upon the properties abutting the public work or improvement; (2) what portion of corner properties shall be considered frontage and what portion side frontage and whether there shall be any exemption on side frontage; (3) payment provisions providing for payment in installments, except that assessments for current services or service connections shall be payable within one year ; and (4) rules under which individual appeals shall be heard.

All special assessments and all water and sewer service charges shall be liens and shall be entered in the Municipal Lien Docket as liens.

The Council may provide for the payment of special assessments for whatever purpose levied by installments, but assessments for permanent improvements shall be paid in annual or more frequent installments, and, assessments for current services shall be payable within one year.

Section 4. Chapter 158, Volume 36, Laws of Delaware, as amended, is amended by adding a new Section 28D to read as follows:

Section 28D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and maintained by the City Manager. The docket shall be in substantially the same form as the judgment docket for Kent County, shall contain all liens for municipal improvements for which special assessments are levied, and shall contain an index according to the name of the owner against whom such lien has been assessed. No municipal

lien shall be valid after July 1, 1967, unless it is duly recorded in said docket. All liens so recorded shall continue in full force and effect until said assessments and accrued costs have been paid in full. Upon payment in full of the amount of the assessment and accrued costs, it shall be the duty of the City Manager to enter forthwith upon the docket, the date of final payment and the words "satisfied in full."

Section 5. This Act shall take effect on July 1, 1967.

Approved June 28, 1967.