CHAPTER 458

AN ACT RELATING TO STREET AND HIGHWAY LIGHTING 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 adding thereto a new Chapter, Chapter 51, to read as follows:

CHAPTER 51. STREET AND HIGHWAY LIGHTING

§ 5101. Lighting streets and highways in unincorporated communities and villages; petition

Upon the petition of a majority of the property owners of any unincorporated community or village in Kent County, filed on or before the first Tuesday in any month in any year, the Levy Court of the County may enter into a contract with any electric, gas or other lighting companies to light and illuminate the streets or highways running through, bounding and within the community or village, with electric light, gas light, or other illuminant. The petition of the property owners shall set forth the boundary lines of the community to be lighted. Street lights shall be of such candle power, electric or its equivalent in other illuminating mediums, as shall be determined by the Levy Court. The Levy Court may enter into contracts for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.

§ 5102. Levy and collection of light tax

(a) The Levy Court, for the purposes of carrying out any contract entered into pursuant to Section 5101 of this Title, shall levy for the installation and maintenance of such lights in any such community with respect to which such a contract has been entered into, an annual tax based upon the full annual cost of street and highway illumination upon all property within the boundary lines of the community or village as set forth in the petition provided for by Section 5101 of this title, based upon the assessment for county purposes. No such taxes shall be levied against farm land.

(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes.

§ 5103. Light tax; administration of fund; surplus

The Receiver of Taxes of Kent County shall receive all light taxes collected, shall keep them in a separate account, and shall pay them out only upon orders signed by the President of the Levy Court and approved by the Comptroller of the County. They shall receive no additional compensation for the performance of any duty required of them or any of them under this Section. If, after payment of all contracts entered into pursuant to this Chapter, there remains a surplus in the light account, the surplus shall be applied to reduce the light tax rate for the succeeding taxable year.

§ 5104. Removal of lights

Lights installed under the provisions of Section 5101 of this Title shall be removed by the Levy Court or at its direction only upon receipt of a petition signed by a majority of the property owners within the bounds of any lighted community or village requesting such removal.

Approved May 25, 1970.