9 Del. C. Pt. II, Ch. 24
§ 2401 Acquisition of land generally; construction and operation of incineration or garbage disposal plant.
The County Council may acquire land or any interest therein at any place within the County that it deems advisable and may construct and operate upon the land so acquired an incineration or garbage disposal plant or plants. The County Council may enter into contracts and agreements with persons, firms or corporations relative to the purchase of the land and to the building, constructing and equipping of an incineration or garbage disposal plant or plants and may require from such persons, firms or corporations proper security for the faithful performance of the work to be done. The County Council may engage the services of competent architects and engineers in connection with the construction of the plant or plants and shall award any contract to the lowest responsible bidder with the right to reject any and all bids.
§ 2402 Acquisition by purchase or eminent domain; condemnation proceedings.
(a) The County Council may acquire the land or interest therein either by purchase or by the exercise of the right of eminent domain which is expressly granted. In any case in which the County Council considers it necessary to acquire the land or interest therein by the right of eminent domain, the County Council shall proceed in accordance with the procedure prescribed in Chapter 61 of Title 10.
(b) The right of eminent domain granted in subsection (a) of this section shall extend to and include the right to acquire the fee simple title to land, or an easement or a right-of-way in, to, over or above such land or property as the County Council deems necessary.
(c) Upon the institution of condemnation proceedings, the County Council may state in the complaint that the possession, right to enter, or occupancy of the land or interest therein is necessary to the project without delay, and the title to the land in fee simple absolute, or such lesser estate or interest therein, as may be specified, shall immediately pass to and vest in New Castle County, and said lands or interest therein shall be deemed to be condemned and taken for the use of such County, and the right to just compensation therefor shall vest in and to the person or persons entitled thereto. In the event of an immediate taking as specified in this subsection, the Superior Court may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the County, and make such orders in respect to incumbrances, leases, taxes, rights, assessments, insurance or other charges, if any, as shall be just and equitable. The right to take possession and title in advance of final order or judgment in condemnation proceedings as provided in this subsection shall be in addition to any right, power or authority conferred by the laws of this State under which such proceedings may be conducted, and shall not be construed as limiting or modifying any such right, power or authority.
§ 2403 Powers of County Council as to operation of plant; regulations and charges for service.
(a) The County Council may enter into contracts, leases or agreements of any nature pertaining to the operation of the incineration and garbage disposal plant or plants, including the right to sell such portion of land acquired as may not be necessary to use. The power to contract shall include the power to contract with any governmental agency of any sort whatsoever and to receive grants-in-aid from any such agency or any other person or organization.
(b) The County Council may adopt regulations and establish fees and charges for the services rendered by the said incineration and garbage disposal plant or plants.
§ 2404 Power to borrow money and issue bonds; interest rates.
The County Council may borrow money upon the faith and credit of the County as provided in this chapter for the purpose of acquiring land and property for the establishment of an incineration and garbage disposal plant or plants and for the construction of such a plant or plants in the County and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such rate of interest, not exceeding 5 percent per annum, and in such form as the County Council shall deem expedient. The interest upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof.
§ 2405 Terms of bonds.
The County Council shall decide upon and determine the form and time or times of maturity of the bonds provided that no bond shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the County Council be made redeemable at such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the County Council prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this chapter, as the County Council may deem expedient.
§ 2406 Execution and record of bonds.
The bonds shall be prepared under the supervision of the County Council and shall be signed by the Department of Finance and the County Executive, and shall be under the seal used by the County Council of New Castle County. Such officers shall execute the bonds when directed by the County Council to do so. The Department of Finance and the County Council shall keep a record of the bonds.
§ 2407 Sale of bonds.
The bonds or any part thereof may be sold when and as the County Council by resolution determines and until sold shall remain in the custody of the Department of Finance. Whenever in the judgment of the County Council it is deemed advisable that any part or all of the bonds shall be sold, the County Council may sell and dispose of the same at public sale after having advertised the same in the public press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid to any members of the County Council for effecting the sale or negotiation of such bonds.
§ 2408 Principal and interest payments; taxes.
(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated from time to time by New Castle County.
(b) The County Council in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Department of Finance be set apart by it in a separate account to be opened for that purpose; and the Department of Finance shall apply the said sum annually to the payment of such part of said loan and interest thereon as may from time to time become due under this chapter.
§ 2409 Deposit and use of proceeds of sale of bonds; liability of purchasers or holders.
(a) All money received from the sale of any or all of such bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited by the Department of Finance in a state or national bank designated by New Castle County, to the credit of the County Council of New Castle County in a separate account and payments thereof shall be made in the same manner as other payments by the County Council. No part of the money thus obtained, except as in this section provided, shall be used for any other purpose than those stated in this chapter.
(b) The purchasers or holders of the bonds shall not be bound to see to or be affected by the application of the money realized from the sale of the bonds.
§ 2410 Exemption of bonds from taxation.
The bonds shall be exempt from all state, county and municipal taxation.
48 Del. Laws, c. 377, § 9; 9 Del. C. 1953, § 2410.;
§ 2411 Definitions.
The words “garbage disposal plant or plants” wherever used in this chapter include incineration, sanitary landfill, garbage grinding plants, composting for disposal of garbage, or any other means of garbage disposal which shall conform with reasonable standards of sanitary engineering.
9 Del. C. 1953, § 2411; 52 Del. Laws, c. 89.;en-USen-US