SENATE BILL NO. 77
AN ACT TO AMEND CHAPTER 183, VOLUME 22, LAWS OF DELAWARE, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF -GREENWOOD," AS AMENDED BY CHAPTER 167, VOLUME 43, LAWS OF DELAWARE, TO AUTHORIZE THE ISSUING OF BONDS TO FINANCE THE CONSTRUCTION AND IMPROVEMENT OF ITS DISPOSAL SYSTEM, INCLUDING A SEWAGE TREATMENT PLANT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Chapter 167, Volume 43, Laws of Delaware by striking said Chapter in its entirety.
Section 2. Amend Chapter 183, Volume 22, Laws of Delaware by adding thereto a new Section to be designated as Section 28 to read as follows:
(a) The Town Council of the Town of Greenwood is hereby authorized and empowered to borrow money and issue bonds or certificates of indebtedness to secure the repayment thereof on the full faith and credit of the Town of Greenwood or such other security or securities as the Town Council shall elect for the payment of principal thereof and the interest due thereon.
(b) All bonds or other kinds or forms of certificate or certificates of indebtedness issued by the Town Council pursuant to provisions of this Chapter shall be exempt from all State, County or Municipal Taxes.
(c) The power or authority to borrow money may be exercised by the Town Council to provide funds for, or to provide for the payment of, the construction, Installation, repair, replacement, maintenance, improvement, extension or enlargement of a sewage disposal system, Including a sewage treatment plant; provided however, that the borrowing of the money therefor shall have been authorized by the Town Council and shall have been approved by the qualified voters in the following manner.
(d) The Town Council shall propose to the property owners and residents of the Town of Greenwood by resolution which shall state the amount of money to be borrowed for any of the purposes authorized by this Section. The resolution shall also state the purpose for which the money is desired to be borrowed, the manner of securing the loan and other facts relating to the loan which are deemed pertinent by the Town Council and in their possession at the time of the passage of the resolution and shall fix a time and place for holding a public hearing on the said resolution.
(e) Notice of the time and place of the public hearing on the resolution proposing the said loan shall be printed in a newspaper having a general circulation in the Town of Greenwood at leut one (1) week prior to the time and date set for the said public hearing.
(1) After the public hearing but in no event later than fifteen (IS) days following the public hearing, a second resolution may then be passed by the Town Council ordering a special election to be held not less than thirty (30) days nor later than sixty (60) days after the said public hearing to borrow the said money for the purpose of voting for or against the proposed loan. The passing of the second resolution calling a special election shall ipso facto be considered the determination of the Town Council to proceed the matter at issue.
(g) Notice of the time and place of holding the said special election shall be printed in two (2) issues of a newspaper having a general circulation in the Town of Greenwood within thirty (30) days prior to the special election, or distributed in circular form at leut fifteen (15) days prior to the date of the said special election, or both, at the discretion of the Town Council.
(h) At the special election, every owner of the property, whether an individual, partnership or corporation, shall have one (1) vote and the said vote may be cut either in person or by proxy. In addition. every person who is a bona fide resident of the Town of Grcenwood but who is not a property owner and who would be entitled at the time of the holding of the special election to register and vote in the Annual Municipal Election if such Annual Municipal Election were to be held on the day of the special election shall have one (1) vote whether or not such person be registered to vote in the Annual Municipal Election, and the said vote may be cast either in person or by proxy.
(I) The Town Council shall cause to be prepared, printed and have available for distribution a sufficient number of sample ballots marked or defaced in such a manner that they cannot be used in the special election not less than five (5) days prior to the date of the special election. Paper ballots or voting machines, at the discretion of the Town Council, may be used in the special election.
(j) The Mayor of the Town of Greenwood shall, prior to the date of the special election, appoint and designate a Presiding Officer and sufficient Judges to act as a Board of Special Election. The members of the Board of Special Election shall be the Judges of the special election and shall decide upon the legality of the votes offered and shall keep a list of all voters thereof. The Board of Special Election shall count the votes for and against the proposed loan and shall announce the result thereof. The Board of Special Election shell make a certificate unto their hands of the number of votes cast for and against the proposed loan and shall deliver the same to the Mayor and Town Council which said certificate shall be entered upon the minutes of the Town Council and the original shall be filed with the papers of the Town Council.
(k) The form of bond, the interest rate, the time or times of payment of interest, the classes, the time or times of maturity, and provisions as to registration shall be determined by the Town Council after the said special election. The bonds may be sold at either public or private sale, as determined by the Town Council. The Town Council shall provide in the annual budget and in the fixing of any tax, surcharge or tax, for the payment of interest on and principal of said bonds at the maturity or maturities thereof and a sinking fund therefor without limitation as to any amount to be raised by taxation.
The full faith and credit of the Town of Greenwood shall be deemed to be pledged for the prompt payment of the bonds and the interest thereon issued pursuant to the provisions of this Act when the same had been properly executed and delivered for value.
(I) The amount to be borrowed from time to time for any purpose authorized by this Act may decrease or increase from time to time but the principal sum outstanding at any time shall not exceed One Million Five Hundred Thousand Dollars (11,500,000.00).
(m) The Town of Greenwood is her.. ,y authorized and empowered to do all things necessary for the location, erection, construction, replacement, repair, equipping and operating of the said sewer system and sewage treatment plant and to provide for the care and maintenance of the same and to purchase all instruments, appliances, equipment and supplies as may be necessary for the establishing and operating the said sewer system and the sewage treatment plant in said town and for furnishing the citizens and Inhabitants thereof with proper and adequate sewage facilities and to effect the same the Town of Greenwood shall have the power and authority to lay pipes and conduits under and along any of the streets, lanes, alleys or highways of said town, or any road adjacent thereto, and also to contract and agree with the owner or owners for the occupation or purchase of any lands or lands or any interest therein which may be necessary for the purpose of carrying into effect the provisions of this Act. In the event, however, that the owner or owners of property shall fall to agree with the town, the Town of Greenwood shall have full power of eminent domain over any lands or property rights required for any purpose connected with the installation, operation, extension, replacement, improvement or enlargement of the said sewer system and shall be able to condemn property rights for the use of the said sewer system in the same manner and to the same extent as established by Chapter 61 Title 10, Delaware Code. The Town of Greenwood shall have authority to require any premises to be connected to the sewer system. In the event that any owner should neglect to connect his property Immediately after being ordered to do so by the Town of Greenwood, the Town Council shall have the authority to connect the premises with the sewer system as ordered and to collect the cost of such connection by the same process as Town taxes are collectible. The Town of Greenwood shall have supervision and control of all public pipes, sewers and drains connected with the said sewer system and sewage treatment plant whether within or without the corporate limits of the Town of Greenwood and may own or remove the same and may cause new pipes, drains and sewers to be made and opened. The Town Council may cause such pipes, sewers and drains to be laid in any of the said streets, lanes, alleys or highways of the said town in such manner and of such material as it, the said Town Council, may deem proper. The Town Council is hereby authorized to make rules and regulations regulating the tapping or use of public sewers by the owners of abutting property and shall provide for the granting of permits for the same and for the payment of such tapping fees and sewer rental as the Town Council may deem proper. The Town Council shall prescribe the material of aU private drains or sewers which shall enter into any public sewer and shall direct the manner in which they 'hail be laid. The Town Council may contract for and purchase sewer disposal service within or without the corporate limits of the town at such rate or rates as may be established by the Town Council.
(n) The Town of Greenwood is hereby authorized and empowered to engage the services of such agents and servants as it may deem necessary in the erection, completion, extension, improvement. replacement, repair, equipping or operating of the said sewer system and sewage treatment plant as herein provided.
(o) The Town Council Is hereby authorized and empowered to adopt such ordinances as it may deem necessary for the operation, management and control of the said sewer system and sewage treatment plant and may grant all persons and corporations in the Town of Greenwood the privilege of using said sewer system in such manner and upon such terms and conditions as may seem Just and proper to the said Town Council. The Town Council is further empowered to provide sewer service outside the corporate limits of the town with the same powers as though such service had been initially provided by the facilities within the corporate limits at such rate or rates as may be from time to time established by the Town Council."
Section 3. Any Act inconsistent with the provisions hereof be and the same is hereby repealed to the extent of such inconsistency.
Approved June 19, 1985