CHAPTER 331

FORMERLY

HOUSE BILL NO. 253

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 23 OF TITLE 9, DELAWARE CODE TO ALLOW THE CREATION OF CONSOLIDATED SANITARY SEWER DISTRICTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2302, Chapter 23, Title 9, Delaware Code by striking the period "." immediately following the word "election" as the same appears in the section title and inserting the following:

"; consolidation of districts"

Section 2. Amend §2302, Chapter 23, Title 9, Delaware Code by adding thereto a new subsection to be designated as subsection (c) to read as follows:

"(c) The County Council may consolidate any existing sanitary sewer districts or establish a County-wide district following a public hearing. The hearing shall be at such time as may be fixed by the County Council and advertised at least two (2) weeks in advance by publishing a notice in a newspaper within the County having a general circulation, once in each of the two weeks immediately preceding the week in which the hearing is to be held. All interested persons in any way affected by the proposed consolidation shall be heard. After the public hearing is closed, the County Council shall, by ordinance, determine whether or not it is in the public interest to establish the consolidated district. The ordinance shall specify the boundaries of the consolidated district. The County Council may change or amend the rate of levy as it deems necessary and just."

Approved June 19, 1978.