AN ACT TO AMEND CHAPTER 209, VOLUME 19, LAWS OF DELAWARE, ENTITLED "AN ACT PERTAINING TO A SYSTEM OF SEWERS FOR THE CITY OF WILMINGTON" AS AMENDED BY CHAPTER 28, VOLUME 31, LAWS OF DELAWARE BY CHANGING THE METHOD OF ASSESSMENT.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected thereto concurring therein):
Section 1. That Section 3 of Chapter 209 of Volume 19, of the Laws of Delaware, as amended by Chapter 28, Volume 31, Laws of Delaware, be and the same is hereby amended by striking out all of said Section 3 and inserting in lieu thereof the following:
SEC. 3. All assessments shall be made upon the properties abutting upon that portion of any street or highway, lane or alley in which any public sewer may be constructed under this provision, at such rate for each front foot of such property upon such street, highway, lane or alley, and at such rate for each square foot of such property between such street, highway, lane or alley and a line not exceeding two hundred (200) feet distant from and parallel with the line of such street, highway, lane or alley, as the said Board of Directors of the Street and Sewer Department, or its successors shall determine; provided, that when any property is situated at the corner of two streets or highways, or otherwise so situated as to be assessed for the expenses of building a sewer on one of such streets or highways, only the front of such property, together with the area, shall be liable for such assessment, and the whole assessment shall be made on the completion of any portion of a sewer, either in front or on the side of such property, so as to make the said property accessible to such sewer; and provided further, that the said Board of Directors of the Street and Sewer Department shall determine, in all cases, what portion of a property shall be considered as side frontage, unless said property has been divided into building lots and a plot thereof filed in the city engineering and, surveying department, or published, or both, then in such case the; side frontage shall be ,determined by such plan; provided further, however, that should the owner, or owners of such corner property decide, after the, above assessments are made or paid, to make the side of such property, as determined by the said, Boards the frontage of such property, then in such case the owner or, owners of such corner property shall pay such additional sum of money as the said Board of Directors may determine upon, in accordance with the provisions of the aforesaid Act; and provided also,, that no property or portion of property shall be assessed for the construction of any sewer, unless such property or some portion thereof shall abut and be bounded upon the street on which said sewer shall have been constructed, or unless such property or portion thereof has a right of access to said street or highway by a private alley, or desires to use said sewer before a sewer is constructed upon the street or highway upon which said property abuts, in which case the said property shall be liable for the same assessment as though the sewer was constructed in the streets or highways upon which said property abuts, and the said property shall not be liable for any further assessment for sewer purposes.
Approved April 7, 1947.