§ 5101 Lighting streets and highways in unincorporated communities and villages; petition.
Upon the petition of a majority of the real property owners of any unincorporated community or village in Kent County, filed on or before the first Tuesday in any month in any year, the county government may enter into a contract with any electric, gas or other lighting company to light and illuminate the streets or highways running through, bounding and within the community or village, with electric light, gas light, or other illuminant. The petition of the property owners shall set forth the boundary lines of the community to be lighted. The petition shall state whether the light tax levied pursuant to § 5102 of this title shall be prorated among the owners of the property subject to said tax or based upon the assessment for county purposes. Street lights shall be of such candlepower, electric or its equivalent in other illuminating mediums as determined by the county government. The county government may enter into contracts for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.
§ 5102 Levy and collection of light tax.
(a) The county government, for the purposes of carrying out any contract entered into pursuant to § 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 within the boundary lines of the community or village as set forth in the petition provided for by § 5101 of this title, which tax according to the instructions set forth in the petition filed pursuant to § 5101 of this title shall be prorated among the owners of such property or based upon the assessment for county purposes. No such taxes shall be levied against farmland.
(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes.
§ 5103 Light tax; administration of fund; surplus.
The Department of Finance shall receive all light taxes collected, shall keep them in a separate account, and shall pay them out only upon orders signed by the President of the county government and approved by the Director of Finance. They shall receive no additional compensation for the performance of any duty required of them or any of them under this section. If, after payment of all contracts entered into pursuant to this chapter, there remains a surplus in the light account, the surplus shall be applied to reduce the light tax rate for the succeeding taxable year.
§ 5104 Removal of lights.
Lights installed under the provisions of § 5101 of this title shall be removed by the county government or at its direction only upon receipt of a petition signed by a majority of the property owners within the bounds of any lighted community or village requesting such removal.
9 Del. C. 1953, § 5104; 57 Del. Laws, c. 458.;