CHAPTER 221

FORMERLY HOUSE BILL NO. 281

AS AMENDED BY

SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. I

AN ACT TO AMEND CHAPTER 47, TITLE 9, DELAWARE CODE, RELATING TO GARBAGE COLLECTION IN UNINCORPORATED AREAS OF KENT COUNTY.

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

Section 1. Amend Chapter 47, Title 9, Delaware Code, by adding thereto a new subchapter to be designated as subchapter II which shall read as follows:

SUBCHAPTER 11. GARBAGE COLLECTIONS; UNINCORPORATED AREAS

§ 4720. Definitions

"Garbage" means residential garbage and trash to the exclusion of commercial and industrial refuse.

"Garbage Collection Unit" means each improved parcel of real estate located within the boundaries of a garbage collection district and either used or intended for residential purposes.

"Garbage Collection District" means an area in Kent County outside of the limits of any incorporated municipality and which is contained within ascertainable boundaries and which is in the opinion of the Levy Court susceptible of efficient and economical garbage collection pursuant to the procedures of this subchapter.

§ 4721. Petition

Twenty-five (25) real property owners of any area in Kent County contained within ascertainable boundaries and lying outside the limits of any incorporated municipality may petition the Kent County Levy Court to declare the area a garbage collection district. The petition shall set forth the boundary lines of the proposed garbage collection district and shall be filed on or

before the first Tuesday in any month in any year with the Clerk of the Peace of Kent County.

§ 4722. Public hearing

Upon receipt of the petition, the Levy Court shall hold a public hearing, notice of which shall be published at least once in a newspaper published within the county. Said notice shall be published not more than twenty-one (21) and at least fourteen (14) days before the public hearing and shall contain a description of the boundaries of the proposed garbage collection district; and a statement that the Levy Court will hold a hearing to consider whether or not to create the proposed disposal district. The notice shall also state that in the event the Levy Court decides to create the proposed garbage disposal district, the Levy Court will contract for garbage collection and assess the unit costs of garbage collection against each unit of real property used or intended for residential purposes within the garbage collection district.

§ 4723. Creation of Garbage Disposal District

After the public hearing, the Levy Court shall determine whether or not it is in the public interest to create the proposed garbage collection district. If the Levy Court determines that it is in the public interest to create the proposed garbage collection district, it shall pass a resolution to that effect.

§ 4724. Contracts

The Levy Court may enter into a contract with any private or public garbage collector to collect the garbage of each garbage collection unit located within the garbage collection district. The mere creation of a garbage collection district pursuant to § 4723 of this title shall not obligate the Levy Court to enter into a contract hereunder if in its opinion the bids received pursuant to §4725 of this title are too costly.

§ 4725. Bids

No contract for garbage collection shall be awarded unless the Levy Court shall publicly invite sealed bids by at least fourteen (14) days' notice in a newspaper published within the county. Bids so obtained shall be publicly opened and awarded to the lowest

responsible bidder except that the Levy Court may reject any or all bids. The Levy Court may in its specifications include reasonable qualifications for bidders in respect to equipment.

§ 4726. Levy and collection of Garbage Collection Tax

(a) In order to pay the annual contract cost for any garbage collection contract entered into pursuant to Section 4724 of this title, the Levy Court shall divide the annual contract cost by the number of garbage collection units within the garbage collection district to arrive at the annual unit cost. The annual unit cost shall then be assessed against each garbage collection unit located within the boundaries of the garbage collection district. No parcel of real estate shall be exempt from paying its annual unit cost because it is uninhabited so long as it is improved and intended for residential use. No parcel of real estate so improved and intended for residential use shall be exempt from paying its annual unit cost because its owner chooses not to use the garbage collection service.

(b) The annual unit cost assessed against each garbage collection unit shall be levied and collected by the Board of Assessment, Levy Court and Receiver of Taxes and County Treasurer at the same time and in the same manner as other county taxes and shall be a lien on real property the same as other county taxes. The tax shall be included on the county tax bills under the heading "garbage collection tax".

§ 4727. Administration of funds

All amounts collected pursuant to this subchapter shall be paid into the general fund of Kent County and all payments for garbage collection shall be paid out of the general fund of Kent County. Should Kent County fail in any one year to collect all of the taxes in the garbage collection district necessary to pay the contract price for garbage collection in any year, the Kent County Levy Court may pay the deficit out of the general fund pending enforcement of the tax lien. The Levy Court may make payments out of the general fund in anticipation of collection of the garbage collection tax.

districts serviced pursuant to this subchapter shall be re-bid annually in accordance with Section 4725 of this Title. The duration of garbage collection contracts shall be for the county fiscal year except as provided in Section 4730(b) of this Title.

§ 4729. Continuation and termination of trash contracts

Once a garbage collection district has been formed and garbage collection undertaken pursuant to this subchapter, the Kent County Levy Court may, without further public hearings, annually enter into new contracts for garbage collection pursuant to Section 4728 of this Title. However, the Levy Court may determine not to continue garbage collection for any garbage collection district at the expiration of any annual contract entered into pursuant to this subchapter.

§ 4730. Annual budgeting

(a) The annual amounts required for garbage collection contracts entered into pursuant to the provisions of this subchapter shall be included in the annual budget request of the office of county engineer under separate headings for each garbage collection district. After levying the garbage collection tax, the Levy Court shall deliver a separate tax collection warrant together with a list of taxables for each garbage collection district to the Receiver of Taxes and County Treasurer commanding him to collect from the persons named in the said list their garbage collection tax and its amount.

(b) Should a garbage collection district be formed and a garbage collection contract awarded after the commencement of any fiscal year, the Levy Court shall include in the next annual budget an amount sufficient to reimburse the general fund for the expenditure during the last fiscal year as well as an amount sufficient to pay the contract cost for the coming fiscal year. Any contract awarded after the commencement of a fiscal year shall expire at the beginning of the next fiscal year.

Approved July 5,1971.