TITLE 9

Counties

Kent County

CHAPTER 47. GARBAGE DISPOSAL

Subchapter II. Garbage Collections in Unincorporated Areas


As used in this subchapter:

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

(2) "Garbage collection district" means an area in Kent County outside of the limits of any incorporated municipality, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical garbage collection pursuant to the procedures of this subchapter.

(3) "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.

9 Del. C. 1953, § 4720; 58 Del. Laws, c. 221.;

Twenty-five 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 government 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.

9 Del. C. 1953, § 4721; 58 Del. Laws, c. 221.;

Upon receipt of the petition, the county government 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 21 and at least 10 days before the public hearing and shall contain a description of the boundaries of the proposed garbage collection district and a statement that the county government 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 county government decides to create the proposed garbage disposal district, the county government 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.

9 Del. C. 1953, § 4722; 58 Del. Laws, c. 221; 71 Del. Laws, c. 255, § 1.;

If the county government determines, after a public hearing, that it is in the public interest to create the proposed garbage collection district, it shall pass a resolution to that effect.

9 Del. C. 1953, § 4723; 58 Del. Laws, c. 221.;

The county government 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 county government to enter into a contract hereunder if in its opinion the bids received pursuant to § 4725 of this title are too costly.

9 Del. C. 1953, § 4724; 58 Del. Laws, c. 221.;

No contract for garbage collection shall be awarded unless the county government shall publicly invite sealed bids by at least 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 county government may reject any or all bids. The county government may in its specifications include reasonable qualifications for bidders in respect to equipment. The county government may provide for contracts in excess of 1 year and may impose such provisions, conditions and limitations as deemed desirable, including requirements that no 1 bidder may serve the entire county.

9 Del. C. 1953, § 4725; 58 Del. Laws, c. 221; 60 Del. Laws, c. 329, § 3.;

(a) In order to pay the annual costs for any garbage collection contract entered into pursuant to § 4724 of this title, the county government shall divide the annual contract cost, plus a pro rata administrative cost as determined by the county government, 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, county government 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."

9 Del. C. 1953, § 4726; 58 Del. Laws, c. 221; 59 Del. Laws, c. 198, § 1.;

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 1 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 county government may pay the deficit out of the general fund pending enforcement of the tax lien. The county government may make payments out of the general fund in anticipation of collection of the garbage collection tax.

9 Del. C. 1953, § 4727; 58 Del. Laws, c. 221.;

Repealed by 60 Del. Laws, c. 329, § 1, eff. Mar. 26, 1976.;

Once a garbage collection district has been formed and garbage collection undertaken pursuant to this subchapter, the county government may, without further public hearings, enter into new contracts for garbage collection. However, the county government may determine not to continue garbage collection for any garbage collection district at the expiration of any contract entered into pursuant to this subchapter. The county government may, without further public hearings, consolidate 2 or more garbage collection districts into a single district.

9 Del. C. 1953, § 4729; 58 Del. Laws, c. 221; 59 Del. Laws, c. 198, § 2; 60 Del. Laws, c. 329, § 2.;

(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 county government 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 or her 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 county government 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.

9 Del. C. 1953, § 4730; 58 Del. Laws, c. 221; 70 Del. Laws, c. 186, § 1.;