CHAPTER 108

AN ACT TO INSERT A NEW SECTION 4608A IN CHAPTER 46, TITLE 9, DELAWARE CODE, AND TO AMEND SECTIONS 4617 AND 4632 OF CHAPTER 46, TITLE 9, DELAWARE CODE, RELATED TO SEWAGE DISTRICTS IN KENT COUNTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 9, Delaware Code, is hereby amended by inserting a new section after Section 4608 but before Section 4609, which said section shall read as follows:

§ 4608A. Validation of prior establishment of districts

Any district heretofore established pursuant to the provisions of this Chapter is hereby declared and determined to have been validly established regardless of the failure of the Levy Court or any of its officials or employees to comply with the requirements as to the establishment of such district set forth in this Chapter and not withstanding that any of the proceedings taken to establish such district were not validly taken and not withstanding that the area of the district is less than the area in which the proposed sewage improvements are to be constructed and that such sewage improvements will serve an area greater than the area of such district; provided, however, that any assessment levied on the lots and parcels of land in such district or any extension thereof shall be in proportion as nearly as may be to the benefit which each parcel would derive from such proposed sewage improvements regardless of the total cost of such sewage improvements. Sewage disposal systems may be constructed on behalf of any such district either within or without the area of the district, to serve such district and any other district heretofore or hereafter established and any municipality or other political subdivision of the State or agency thereof which may contract for the use and services of such sewage system. Bonds of the Levy Court may be issued to finance the cost of such sewage system whether authorized by bond resolutions heretofore or hereafter adopted by the Levy Court. Such bonds shall be payable in the manner provided by Section 4655 of this Chapter.

Section 2. Title 9, Delaware Code, Section 4617 is hereby amended to read as follows:

§ 4617. Method of assessment

The Levy Court may determine to issue obligations of the County in such an amount as they may estimate to be sufficient to pay the entire cost of the improvement, but not in excess of the maximum amount proposed to be expended for the improvement as stated in the notice of hearing published pursuant to Section 4604. In preparing the annual estimate of revenues and expenditures for the County on behalf of the district or extension thereof, the Levy Court shall include, in addition to all costs of operation and maintenance for the next succeeding fiscal year, sums sufficient to pay the annual installments of principal of and interest on obligations issued on behalf of the district or extension thereof. The Levy Court shall thereupon annually levy a tax, unlimited as to rate or amount, upon the assessable property within the County in the amount of the estimate of expenditures. In making such levy the Levy Court shall take into account the estimates of revenues as set forth in the estimate so prepared at a time to be fixed by it and the amount of any assessments levied on behalf of said County as hereafter provided and due and payable in the fiscal year for which the estimates are prepared.

The Levy Court shall, after a public hearing, establish an annual assessment roll for the County sewer district or extension thereof which shall be known as the "Sewer District Assessment Roll". The annual assessments may be apportioned by the Levy Court against the several lots and parcels of land in the district or extension thereof by one or more of the following methods:

(1) An assessment on the lots and parcels of land in the district or extension thereof in proportion as nearly as may be to the benefit which each parcel would derive from the improvement.

(2) If zones of assessment have been established and an allocation of the total estimated cost of the facilities have been made to such zones, the amount of the cost of the facilities so allocated to any such zone of assessment may be apportioned by an ad valorem assessment levied on all the lots and parcels of land within such zone.

(3) If zones of assessment have been established as provided above, by assessment on the lots and parcels of land within such zone in proportion as nearly as may be to the benefit which each parcel will derive from the improvement.

Notice of such public hearing shall state that the assessment roll has been completed and filed and the time and place fixed for the public hearing. Notice of such public hearing shall be published in a newspaper published within Kent County and having a general circulation therein at least once, not less than seven days immediately preceding the date of the public hearing. At the time and place specified, the Levy Court shall meet and hear and consider any objects to the assessment roll, and may change or amend the same as it deems necessary or just, may affirm and adopt the same as originally proposed or as amended or changed, or the Levy Court may prepare a new roll. No such amended, changed or new roll shall be adopted unless the Levy Court shall hold another hearing thereon in the manner and upon the notice prescribed for the original hearing. The annual assessment shall be levied and collected at the same time as taxes levied for general County purposes. The County Treasurer shall keep a separate account of such moneys and they shall be used only for the purpose of the district or extension thereof for which collected. The properties against which such assessments are levied, shall be liable for the payment of the assessments in the same manner as they are liable for other County taxes.

Section 3. Title 9, Delaware Code, Section 4632, is hereby amended to read as follows:

§ 4632. Payment of bonds

The bonds may be payable at such time or times as may be determined in the bond resolution, or by resolution adopted subsequent to the adoption of the bond resolution, within the limitations provided in this Chapter.

Approved May 28, 1969.