CHAPTER 26

FORMERLY HOUSE BILL NO. 107

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 51, TITLE 9, DELAWARE CODE, RELATING TO STREET AND HIGHWAY LIGHTING IN UNINCORPORATED COMMUNITIES AND VILLAGES IN KENT COUNTY.

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

Section 1. Section 5101, Title 9, Delaware Code, is amended by inserting the word "real" before the word "property" as the same appears in the first line of said Section 5101.

Section 2. Section 5101, Title 9, Delaware Code, is amended by adding after the second sentence thereof a new sentence to read as follows:

The petition shall state whether the light tax levied pursuant to Section 5102 of this chapter shall be prorated among the owners of the property subject to said tax or based upon the assessment for county purposes.

Section 3. Section 5102 (a), Title 9, Delaware Code, is amended by striking said subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

(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 real property with a dwelling situated thereon within the boundary lines of the community or village as set forth in the petition provided for by Section 5101 of this title, which tax according to the instructions set forth in the petition filed pursuant to Section 5101 of this chapter shall be prorated among the owners of such property or based upon the assessment for county purposes. No such taxes shall be levied against farm land.

Approved April 11, 1971.