reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2204. Bonds; authorization, amount, terms, sale and interest rate.

§ 2204. Bonds; authorization, amount, terms, sale and interest rate.
(a) The planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any sewerage system may be authorized under this chapter and bonds may be authorized to be issued under this chapter to provide funds for such purposes by ordinance of the County Council.
(b) The County Council, in determining the cost of acquiring or constructing any sewerage system, may include all costs and estimated costs of the issuance of the bonds, all planning, engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period and for 6 months thereafter on money borrowed or which it is estimated will be borrowed pursuant to this chapter.
(c) The bonds shall bear interest at such rates, may be in 1 or more series, may bear such dates, may mature at such times not exceeding 40 years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or subsequent ordinances provide. Debt incurred by the County Council pursuant to this chapter may be represented by uncertificated obligations of the County Council which may be authorized in accordance with the same procedures applicable to bonds which are permitted to be issued under this chapter, and the County Council may determine all procedures appropriate to the establishment of a system of issuing uncertificated debt.
(d) The bonds shall be sold at public sale upon sealed proposals after at least 10 days' notice published at least once in a newspaper published in the City of Wilmington at such price and upon such terms, conditions and regulations as the County Council may prescribe; provided, that the County Council may authorize the County Executive to sell such bonds at public or private sale upon such terms, conditions and regulations as it may prescribe.
(e) Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the County Council determines may be issued to the purchasers of bonds sold pursuant to this chapter.
(f) The rate of interest may be determined in advance of sale, or the bonds may be offered for sale at a rate of interest to be fixed by the successful bidder for such bonds.
48 Del. Laws, c. 61, §  5;  9 Del. C. 1953, §  2204;  55 Del. Laws, c. 85, §  14;  64 Del. Laws, c. 318, §§  7, 8;  71 Del. Laws, c. 401, §§  15, 70;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2205. Authorized signatures on bonds; validity of issuance.

§ 2205. Authorized signatures on bonds; validity of issuance.
(a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon have ceased to be officers of the County.
(b) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the planning, acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the sewerage system for which the bonds are issued. The ordinance authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which shall be conclusive evidence of their validity and of the regularity of their issuance.
48 Del. Laws, c. 61, §  6;  9 Del. C. 1953, §  2205;  71 Del. Laws, c. 401, §§  70, 71;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2206. Payment of bonds; faith and credit of County; tax levy.

§ 2206. Payment of bonds; faith and credit of County; tax levy.
The faith and credit of the County are pledged to the payment of any bonds issued by the County under this chapter. The County Council shall annually appropriate to the payment of such bonds and the interest thereon the amounts required to pay such bonds and interest as the same become due and payable. Notwithstanding the provisions of any other law the County Council may levy an ad valorem tax, without limitation as to rate or amount, upon all property taxable by the County to raise the moneys necessary to meet any such appropriation.
48 Del. Laws, c. 61, §  7;  9 Del. C. 1953, §  2206;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2207. Authorization of covenants in revenue bonds.

§ 2207. Authorization of covenants in revenue bonds.
(a) In the event that the County issues revenue bonds, the resolutions authorizing the issuance of such bonds may contain covenants as to:
(1) The purpose to which the proceeds of sale of the bonds may be applied and the use and disposition thereof;
(2) The use and disposition of the revenue of the sewerage systems, the revenues of which are pledged to the payment of such bonds, including the creation and maintenance of reserves;
(3) The issuance of other or additional bonds payable from the revenues of such sewerage systems;
(4) The operation and maintenance of such sewerage systems;
(5) The insurance to be carried thereon and the use and disposition of insurance moneys;
(6) Books of account and the inspection and audit thereof; and
(7) The terms and conditions upon which the holders of the bonds or any proportion of them or any trustee therefor shall be entitled to the appointment of a receiver by the appropriate court, which court shall have jurisdiction in such proceedings, and which receiver may enter and take possession of the sewerage systems, operate and maintain them, prescribe service charges therefor, and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the County itself might do.
(b) This chapter and any such ordinance or resolutions shall be a contract with the holders of the bonds, and the duties of the County and of the County Council and officers under this chapter and any such resolutions shall be enforceable by any bondholder, by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction.
48 Del. Laws, c. 61, §  8;  9 Del. C. 1953, §  2207;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §§  15, 70;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2208. Service charges; amount and application.

§ 2208. Service charges; amount and application.
(a) If the County issues revenue bonds under this chapter, the County Council shall prescribe and collect reasonable service charges for the services and facilities rendered or afforded by the sewerage systems, the revenues of which are pledged to the payment of such bonds, and shall revise such service charges from time to time whenever necessary.
(b) The service charges prescribed shall be such as will procure revenue at least sufficient:
(1) To pay when due all revenue bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor; and
(2) To provide for all expenses of operation and maintenance of such sewerage systems, including reserves therefor.
(c) The service charges when collected shall be applied to the payment of the revenue bonds and interest and to the expenses of such operation and maintenance in accordance with the resolutions authorizing the revenue bonds.
48 Del. Laws, c. 61, §  9;  9 Del. C. 1953, §  2208;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2209. Power to make charges; liability of users; computation of rates.

§ 2209. Power to make charges; liability of users; computation of rates.
(a) The County Council may charge and collect rents, rates, fees or other charges (in this chapter sometimes referred to as “service charges”) for direct or indirect connection with, or the use or services of, any sewerage system. Such service charges may be charged to and collected from any person contracting for such connection or use or service or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been connected with a sewerage system, or from or on which originates or has originated sewage which directly or indirectly has entered or may enter into a sewerage system, and the owner or occupant, or both of them, of any such real property shall be liable for and shall pay such service charges to the County at the time when and place where the County Council, by ordinance, rule or regulation, determines that such charges are due and payable.
(b) Such service charges shall, as near as the County Council deems practicable and equitable, be uniform throughout the area served by the sewerage system, and may be based or computed either on the consumption of water on or in connection with the real property, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real property, or on the number and kind of plumbing or sewerage fixtures or facilities on or in connection with the real property, or on the number of persons residing or working on or otherwise connected or identified with the real property, or on other factors determining the type, class and amount of use or service of the sewerage system, or on any combination of any such factors.
48 Del. Laws, c. 61, §  10;  9 Del. C. 1953, §  2209;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2210. Penalties for failure to pay charges.

§ 2210. Penalties for failure to pay charges.
(a) In the event that a service charge with regard to any parcel of real property is not paid as and when due, a penalty shall accrue and be due to the County on the unpaid balance at a rate and in a manner to be set by ordinance of County Council.
(b) In the event that any service charge with respect to any parcel of real property is not paid as and when due, the Chief Financial Officer of the County may, at his or her discretion, enter upon such parcel and cause the connection thereof leading directly or indirectly to the sewerage system to be cut and shut off until the service charges and any subsequent charges with regard to such parcel and all penalties thereon are fully paid.
(c) The Office of Finance of New Castle County may at any time notify in writing the person or corporation employing any person responsible for the payment of delinquent service charges hereunder that the charges are due, delinquent and unpaid and thereupon the employer shall deduct from the wages, or from any sum due such employee, the amount of the charges due from such employee, and charge the same against the employee. If such employer refuses or neglects to comply with this section within 3 months from the time of receiving such notice, the employer shall be personally liable for the charges of such person as to whom notice has been given. The Office of Finance may recover the amount of the charges from such employer in an action of debt before any Justice of the Peace. When the amount of such charges is held by any employer under this section, the employer shall pay the same to the Office of Finance within 30 days thereafter. A copy of this section shall accompany all written notices to employers.
48 Del. Laws, c. 61, §  10;  9 Del. C. 1953, §  2210;  55 Del. Laws, c. 85, §  14;  63 Del. Laws, c. 169, §  2;  65 Del. Laws, c. 435, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §§  15, 72;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2211. Lien of service charges on real estate.

§ 2211. Lien of service charges on real estate.
(a) In the event that any service charge is not paid as and when due, the unpaid balance thereof and any penalties accrued thereon shall be a lien on the parcel of real property with regard to which the service charge was made. The lien shall be superior and paramount to the penalties in such parcel of any owner, lessee, tenant, mortgagee or other person, except the lien of taxes.
(b) If any service charges remain unpaid after the due date, the chief financial officer, in his or her discretion, may institute a proceeding for the enforcement of the lien with penalties thereon accrued, and all costs thereon, under the method for collecting delinquent taxes established under Chapter 87 of this title. Such grounds and buildings, or any part thereof, may be sold by the Sheriff of the county as is provided by law.
(c) The Sheriff shall, out of the purchase money of the premises so sold, pay all costs arising from the process and sale to the parties entitled thereto respectively, and shall pay the amount of the service charge with accrued penalties thereon to the Office of Finance. Any residue of purchase money shall be deposited by the Sheriff in accordance with applicable rules and procedures of the Superior Court.
35 Del. Laws, c. 69, §  3;  38 Del. Laws, c. 69;  Code 1935, §  1172;  46 Del. Laws, c. 294, §  2;  48 Del. Laws, c. 61, §  12;  9 Del. C. 1953, §  2211;  55 Del. Laws, c. 85, §  14;  63 Del. Laws, c. 142, §  16;  63 Del. Laws, c. 169, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §§  15, 73, 74, 75;  82 Del. Laws, c. 151, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2212. Sewer lien docket.

§ 2212. Sewer lien docket.
(a) (1) The County Council of New Castle County shall establish regulations and fees for the issuance of sewer permits required in § 2216 of this title. Upon issuance of the sewer permit, the fees for such permits shall become liens against the property for which the permit is issued. The lien for sewer permits and the lien for sewer service shall be superior and paramount to the interest in such parcel of any owner, lessee, tenant, mortgagee, or other person, except to the lien of taxes.
(2) The Department of Public Works shall issue the permits and collect the fees arising therefrom for the use of the County Council. The Department of Public Works shall, under supervision and direction of the County Council, prepare a docket to be known as the “New Castle County Sewer Lien Docket” in which shall be recorded the liens for sewer permits. The form of the Docket shall be established by the County Council. No sewer permit lien shall be valid unless duly recorded in the said Docket. All sewer permit liens duly recorded in the Docket shall continue in full force and effect until the liens have been satisfied by payment, and when such liens are satisfied by payment the Department of Public Works, acting under the supervision and direction of the County Council, shall satisfy of record the liens, entering thereon the date of final payment, and signing the Docket. The Department of Public Works, for the use of the County Council, shall receive a fee of $0.50 for each satisfaction so recorded.
(3) The County Council shall also establish the form in which the record of the sewer service liens shall be kept. Such records shall be in the custody of the Department of Public Works.
(b) All proceedings taken and all acts done prior to April 10, 1957, purporting to establish liens for sewer service and for front foot fees are legalized, validated and confirmed, notwithstanding any errors, omissions or irregularities in the act or the establishment of a sewer lien docket or other records relating thereto.
35 Del. Laws, c. 69, §  3;  38 Del. Laws, c. 69;  Code 1935, §  1172;  46 Del. Laws, c. 294, §  2;  9 Del. C. 1953, §  2212;  51 Del. Laws, c. 33;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2213. Water consumption statement and other information for Department.

§ 2213. Water consumption statement and other information for Department.
(a) Each municipality or public corporation, or other person, owning or operating any system of water distribution serving 3 or more parcels of real property in the County shall, from time to time after request therefor by the Department of Public Works, deliver to the Department of Public Works a statement showing the amount of water supplied to every such parcel of real property as shown by the records of the municipality or public corporation, or other person. The statements shall be delivered to the Department of Public Works within 10 days after request is made for them, and the Department of Public Works shall pay the reasonable cost of preparation and delivery of such statements.
(b) The occupant of every parcel of property the sewage from which is disposed of or treated by any sewerage system of the County shall, upon request therefor by the Department of Public Works, furnish to the Department of Public Works information as to the amount of water consumed by such occupant or in connection with such parcel and the number and kind of water outlets, and plumbing or sewerage fixtures or facilities on or in connection with such parcel and the number of persons working or residing therein.
48 Del. Laws, c. 61, §  11;  9 Del. C. 1953, §  2213;  55 Del. Laws, c. 85, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2214. Discontinuance of water supply for failure to pay service charge.

§ 2214. Discontinuance of water supply for failure to pay service charge.
Each city or town or other public corporation owning or operating any water distribution system serving 3 or more parcels of real property in the County, and every other person owning or operating any such system may enter into and perform a contract with the County that it will, upon request by the County Council specifying a parcel of real property in the County charged with any unpaid service charge under § 2209 of this title, cause the supply of water from its system to such parcel of real property to be stopped or restricted, as the County Council may request, until the service charge and any subsequent service charge charged to such parcel and the interest accrued thereon is fully paid or until the County Council directs otherwise. No such city or town or other public corporation or other person shall be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such supply, and the County Council shall pay the reasonable cost of so stopping or restricting such supply and of restoring the same and may agree to indemnify such city or town or other public corporation or other person from loss or damage by reason of such stopping or restriction, including loss of profits.
48 Del. Laws, c. 61, §  13;  9 Del. C. 1953, §  2214;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2215. Contract with city or town for disposal or treatment of sewage.

§ 2215. Contract with city or town for disposal or treatment of sewage.
The County Council may make a contract with any city or town within the territorial limits of the County to dispose of or treat by means of any sewerage system of the County the sewage originating in such city or town. Any such contract may be authorized by resolution duly adopted by the County Council and may be made with or without consideration and may contain provisions obligating the County to dispose of and treat all or any part of the sewage originating in such city or town and obligating such city or town to permit the County to dispose of or treat such sewage, either for a specific period of time or for an unlimited time. Any such contract may contain other and different provisions relative to the kind and character of sewage to be disposed of and treated and the compensation, if any, to be paid for such services.
48 Del. Laws, c. 61, §  14;  9 Del. C. 1953, §  2215;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2216. Connection of property with sewers.

§ 2216. Connection of property with sewers.
Permits for connecting any property by a drain with any county sewer shall be obtained from the County Council and shall be issued only to plumbers licensed to do business in the State. No permit will be granted for connecting any property by a drain with any sewer unless application is made therefor to the County Council in writing upon blanks furnished by the County Council. The application shall state the full name of the owner, the size and kind of drain pipe to be used and a full description of the premises, its location, the number and size of each building located thereon to be drained, the area of each floor thereof, including the floor of the cellar or basement, all of the purposes for which the drain is to be used, the time when the connection is to be made and other particulars for a full understanding of the subject and that the owner will be subject to all the rules and regulations prescribed by the County Council. The application shall be signed by the owner of the property to be drained and by a plumber licensed to do business in the State. The owner shall also execute a release to the County Council releasing the County Council, its officers and agents and the County from all liability or damage which may in any manner result to the premises by reason of such connection. No permit shall be deemed to authorize anything not therein specifically stated.
35 Del. Laws, c. 69, §  2;  Code 1935, §  1171;  9 Del. C. 1953, §  2216;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2217. Licensed plumber to connect property with sewers.

§ 2217. Licensed plumber to connect property with sewers.
All necessary plumbing work to be done in connecting any property with a county sewer shall be done by a plumber licensed to do business in this State in a good and workmanlike manner and with good and proper materials, and shall be subject to the approval of the Department of Public Works.
35 Del. Laws, c. 69, §  4;  Code 1935, §  1173;  9 Del. C. 1953, §  2217;  55 Del. Laws, c. 85, §  14;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 404, §§  1, 3;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2218. Misrepresentations in application and unauthorized connections with sewer; penalty.

§ 2218. Misrepresentations in application and unauthorized connections with sewer; penalty.
Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any sewer contrary to the authority granted by permits issued therefor by the County Council, or without a permit therefor in accordance with this chapter, shall be fined not less than $5.00 nor more than $500.
35 Del. Laws, c. 69, §  5;  Code 1935, §  1174;  9 Del. C. 1953, §  2218;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2219. Surveys and inspections by Department; penalty for refusal to permit.

§ 2219. Surveys and inspections by Department; penalty for refusal to permit.
(a) The Department of Public Works or its representatives may go upon any land for the purpose of making surveys for sewers, sewer systems, sewage disposal plants or pumping plants or for rights-of-way or other property rights required for the sewers, sewerage systems, sewage disposal plants and pumping plants.
(b) The Department of Public Works or its representatives may inspect, at reasonable hours, any premises, dwellings or other buildings in the vicinity of a county sewer to determine if it is connected to the county sewer, or to determine if the sewer connection has been made or is being maintained in accordance with the regulations of the County Council.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 for every such refusal.
35 Del. Laws, c. 69, §  6;  Code 1935, §  1175;  46 Del. Laws, c. 294, §  3;  9 Del. C. 1953, §  2219;  55 Del. Laws, c. 85, §  14;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2220. Construction of chapter with other laws.

§ 2220. Construction of chapter with other laws.
The powers conferred by this chapter shall be in addition to and not in substitution for the powers conferred by any other general, special or local law. The powers conferred by this chapter may be exercised notwithstanding that any other general, special or local law may confer such powers, and without regard to the requirements, restrictions, limitations or other provisions contained in such other general, special or local law.
48 Del. Laws, c. 61, §  15;  9 Del. C. 1953, §  2220;
2023 Delaware Code › Title 9 - Counties › Chapter 22. SEWERS › Subchapter I. General Provisions › § 2221. Sewage pumps—Maintenance thereof.

§ 2221. Sewage pumps—Maintenance thereof.
(a) Notwithstanding any language to the contrary, for any residence that the government of New Castle County or any agent or representative thereof in any capacity or form (County) deems that installation of a grinder pump or any other sewage pump or waste management device shall be necessary in conjunction with or in relation to the New Castle County Sewer Rehabilitation Project, the County shall pay any and all expenses, costs, and fees of any form or manner related to maintenance and/or operation of such pump or device and any replacement thereof in perpetuity.
(b) Notwithstanding subsection (a) of this section above, the County shall incur no obligation nor incur any liability where a grinder pump or any other sewage pump or waste management device was installed on or in a residence by the owner or a representative thereof prior to commencement of or subsequent to completion of the New Castle County Sewer Rehabilitation Project.
78 Del. Laws, c. 190, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2301. Conditions for establishment of sanitary sewer district.

§ 2301. Conditions for establishment of sanitary sewer district.
Whenever contiguous territory containing 1 or more centers of population, whether incorporated or not, shall be so situated that the construction of interceptor sewers, outfall sewers and sewage treatment plants will be conducive to the preservation of the public health, the territory shall be established by the County Council as a sanitary sewer district.
Code 1935, §  1170A;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2301;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2302. Establishment or revision of sanitary sewer districts without election; consolidation of districts.

§ 2302. Establishment or revision of sanitary sewer districts without election; consolidation of districts.
(a) Where the County Council has already constructed sewers to which 50 or more houses have been connected, the County Council may establish, upon request of the Department of Public Works, a new district or revise the boundaries of an established district without further petitions or hearings by posting at 4 public places in the district notices describing the new or revised boundaries, and, in the case of the establishment of a new district, the same cost and assessment data required for districts established by vote of electors.
(b) Within 30 days after the posting of the notices of the establishment of the district in accordance with the provisions of subsection (a) of this section, the County Council shall pass a formal resolution establishing the district, which shall:
(1) Contain a description of the boundaries of the district;
(2) Direct the Department of Public Works and the attorney of the County Council to procure the necessary land and rights-of-way by purchase, agreement, or condemnation in accordance with existing statutes; and
(3) Authorize the Department of Public Works to prepare maps, plans, specifications, and estimates, let contracts for and supervise the construction and maintenance of, or enlarging and remodeling of, any or all structures required to provide for the safe disposal of the sewage in the sanitary district.
(c) The County Council may consolidate any existing sanitary sewer districts or establish a countywide district following a public hearing. The hearing shall be at such time as may be fixed by the County Council and advertised at least 2 weeks in advance by publishing a notice in a newspaper within the county having a general circulation, once in each of the 2 weeks immediately preceding the week in which the hearing is to be held. All interested persons in any way affected by the proposed consolidation shall be heard. After the public hearing is closed, the County Council shall, by ordinance, determine whether or not it is in the public interest to establish the consolidated district. The ordinance shall specify the boundaries of the consolidated district. The County Council may change or amend the rate of levy as it deems necessary and just.
Code 1935, §  1170B;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2302;  55 Del. Laws, c. 85, §  15;  61 Del. Laws, c. 331, §§  1, 2;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2303. Establishment of sanitary sewer district upon petition of voters.

§ 2303. Establishment of sanitary sewer district upon petition of voters.
Fifty or more legal voters who are residents of a proposed sanitary sewer district, may petition the County Council to submit the question of organizing a sanitary sewer district to a vote of electors residing in that district. The petition shall contain a description of the proposed district and shall be accompanied by a map drawn to scale showing the boundaries of the proposed district together with the limits of any incorporated areas which may be included in the district. The execution of the petition by an elector shall be acknowledged by the elector or it may be proved by the oath of a witness who shall swear that the witness knows the elector and that the petition was signed by the elector in the presence of the witness.
Code 1935, §  1170C;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2303;  55 Del. Laws, c. 85, §  15;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2304. Public hearing; notice.

§ 2304. Public hearing; notice.
The County Council, upon receipt of a petition submitted as provided in § 2303 of this title, shall, and the County Council may, upon its own motion and without having received such a petition, set a date for a public hearing on the question of organizing a sanitary sewer district. The hearing shall be held at such time as may be fixed by the County Council and shall be previously advertised by posting a notice, in 4 of the most public places within the proposed district, at least 10 days prior thereto and by publishing a notice in a newspaper published within the County and having a general circulation therein, once in each of 2 weeks immediately preceding the week in which the hearing is to be held. All interested persons, officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected by the granting of the petition shall be heard on any question dealing with the location of the boundaries of the district. Such notice shall contain a description of the boundaries of the proposed sanitary district and if the public hearing is ordered as a result of the filing of a petition such boundaries shall be those described in the petition.
Code 1935, §  1170C;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2304;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2305. Action of County Council following hearing.

§ 2305. Action of County Council following hearing.
(a) After the public hearing referred to in § 2304 of this title shall have been closed, the County Council shall, by resolution, determine whether or not it is in the public interest to establish the district and, if it deems it to be in the public interest to establish the district, the County Council shall, by such resolution, determine what shall be the boundaries of the district. Such boundaries may be those set forth in the petition or may be boundaries which will include in the district the property and property owners, and only the property and property owners, that will be benefited by the establishment of the district and the construction of sewage disposal facilities therein.
(b) After establishing the boundaries of the district, the County Council shall also cause to be prepared by the Department of Public Works or consulting engineers, an estimate of the cost of proposed immediate construction and also an approximate estimate of the assessment per front foot and the amount to be included in the assessment necessary to take care of interest, amortization and maintenance costs. The construction cost estimates and assessment estimates shall be advertised in the same manner as provided in § 2304 of this title for advertising the public hearing.
Code 1935, §  1170D;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2305;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2306. Election on question of establishment of district.

§ 2306. Election on question of establishment of district.
(a) Whenever the determination on the question of establishing the district, as required by § 2305 of this title, is in the affirmative, and after the other requirements of that section have been complied with, the County Council then shall cause an election to be held within 6 months following the date of the hearing, at which the question shall be submitted to the voters residing within the boundaries of the sanitary sewer district as fixed by the County Council as to whether the district shall be established or not. Notice of the election shall be advertised in the same manner as provided in § 2304 of this title for advertising the public hearing. The cost of the election shall be borne by the County Council, which shall be reimbursed for such cost by the district, if established by the election.
(b) The proposition shall be submitted to the voters substantially in the following form:
FOR THE SANITARY SEWER DISTRICT
AGAINST THE SANITARY SEWER DISTRICT
(c) The majority of votes cast shall decide the matter.
(d) The election shall be managed and the votes canvassed in such manner as may be prescribed by the County Council. Every citizen who resides in the proposed sanitary sewer district in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district in which the proposed sanitary sewer district is a part, at a general election, if such general election were held on the day of such election in the proposed sanitary sewer district, may vote at such election whether or not the citizen is at the time a registered voter.
Code 1935, §  1170E;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2306;  50 Del. Laws, c. 164, §  1;  55 Del. Laws, c. 85, §  15;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2307. Action of County Council following election favoring establishment of district.

§ 2307. Action of County Council following election favoring establishment of district.
(a) If the majority of the voters are in favor of establishing the sanitary sewer district, the County Council shall within 30 days following the election, issue a determination to that effect which shall contain a description of the district. The County Council shall file a certified copy of the determination with the clerk of the peace.
(b) Within 30 days after the election, the County Council shall authorize the Department of Public Works and the County Attorney to procure the necessary land and rights-of-way by purchase, agreement, or by condemnation in accordance with existing laws, and shall authorize the Department of Public Works to prepare maps, plans, specifications and estimates for any or all structures required to provide for the installation of sewers, structures incidental thereto and the safe disposal of the sewage in the district and to let contracts for, supervise the construction and maintenance of, or the enlarging or remodeling of such structures, and to carry on such other activities as may be required by this chapter or considered necessary to perform the duties prescribed in this chapter.
Code 1935, §  1170E;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2307;  55 Del. Laws, c. 85, §§  15, 15C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2308. Construction of system adequate for future connections.

§ 2308. Construction of system adequate for future connections.
The County Council may construct and maintain main sewers and sewage treatment works in order to provide a satisfactory outlet for any subdivision which may at any future time connect submain or lateral sewers to it.
Code 1935, §  1170F;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2308;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2309. Construction or maintenance of sewers for cities or towns.

§ 2309. Construction or maintenance of sewers for cities or towns.
The County Council may construct or maintain submains or laterals as agents for cities or towns when officially requested so to act and when the cost of such work is to be borne by local assessments against the property benefited or by assessment by the County Council in the same manner as for unincorporated areas.
Code 1935, §  1170F;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2309;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2310. Adjustment of assessment for cost of existing sewers included in a district.

§ 2310. Adjustment of assessment for cost of existing sewers included in a district.
In the case where a sanitary sewer district shall include areas wherein sanitary sewers have been constructed under the authority of the County Council, or by incorporated towns, corporations or individuals, the necessary adjustments shall be made with each property owner for those costs already incurred by the property owner when those sewers were constructed. Such excess costs shall be credited to future assessments levied by the district.
Code 1935, §  1170F;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2310;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2311. Bonds; power to issue; terms; authority of County Executive.

§ 2311. Bonds; power to issue; terms; authority of County Executive.
(a) The County Council may issue bonds of New Castle County to finance the cost of constructing sewage disposal facilities in any sanitary sewer district. The moneys raised by the issuance of such bonds shall be held in a separate account and shall be expended only for the construction of sewage disposal facilities in the sanitary sewer district for which the bonds are issued.
(b) The bonds shall bear interest at the most advantageous rate attainable by the County Council and the income therefrom shall not be subject to state taxation. Each issue of such bonds shall be payable within 40 years after the date of the bonds of such issue. The interest coupons and face amount of the bonds shall be payable at such place or places as the County Council may prescribe. The reasonable expenses of issuing such bonds shall be deemed a part of the cost of constructing the sewer facilities. The full faith and credit of New Castle County shall be pledged to the payment of such bonds and the interest thereon. Debt incurred by the County Council pursuant to this chapter may be represented by uncertificated obligations of the County Council which may be authorized in accordance with the same procedures applicable to bonds which are permitted to be issued under this chapter, and the County Council by resolution may determine, or it may delegate authority to the County Executive to determine, all procedures appropriate to the establishment of a system of issuing uncertificated debt.
(c) The County Council may authorize the County Executive to sell such bonds at public or private sale upon such terms, conditions and regulations as it may prescribe.
Code 1935, §  1170G;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2311;  49 Del. Laws, c. 323;  55 Del. Laws, c. 85, §  15;  63 Del. Laws, c. 142, §  17;  64 Del. Laws, c. 318, §  9;  71 Del. Laws, c. 401, §  15;  83 Del. Laws, c. 344, § 2;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2312. Notice of sale of bonds.

§ 2312. Notice of sale of bonds.
The County Council shall provide notice of its intent to sell bonds in at least 2 issues in 1 newspaper of general circulation published in New Castle County at least 10 days prior to the sale of the bonds. The notice shall state the total amount of the proposed issue, the interest rate, the purpose of the bonds and provide a county website where more information can be found.
Code 1935, §  1170G;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2312;  55 Del. Laws, c. 85, §  15;  64 Del. Laws, c. 318, §  10;  71 Del. Laws, c. 401, §  15;  83 Del. Laws, c. 344, § 2;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2313. Deposit accompanying bids.

§ 2313. Deposit accompanying bids.
The County Council may require each bid for the bonds to be accompanied by a certified check in the amount of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the County Council shall return to the unsuccessful bidder or bidders the certified check or checks submitted with the bid or bids.
Code 1935, §  1170G;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2313;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2314. Sale of bonds; opinion of County Attorney.

§ 2314. Sale of bonds; opinion of County Attorney.
(a) The County Council may reject any and all bids, but in awarding the sale of the bonds, or any of them, they shall be sold to the person, persons, firm or corporation which, in the judgment of the County Council, offers the most advantageous terms.
(b) The bonds shall not be offered for sale until the County Attorney has submitted the County Attorney's opinion in writing that the bonds will, when duly sold, executed, delivered and paid for, be validly issued in accordance with the provisions of this chapter.
Code 1935, §  1170G;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2314;  55 Del. Laws, c. 85, §§  15, 15D;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2315. Preparation, form and execution of bonds.

§ 2315. Preparation, form and execution of bonds.
The County Council shall direct and effect the preparation and printing of the bonds authorized by this chapter, shall determine whether such bonds shall be registered or bearer with coupons convertible into fully registered bonds and shall prescribe the form of the bonds and, in the case of bearer bonds with coupons, the form of the coupons for the payment of interest thereto attached. The bonds shall state the conditions under which they are issued, the face amount of the bonds and, in the case of bearer bonds with coupons, the coupons thereto attached shall be payable at such place or places as may be designated by the County Council. The bonds shall be signed as prescribed by the County Council.
Code 1935, §  1170G;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2315;  55 Del. Laws, c. 85, §  15;  64 Del. Laws, c. 318, §  11;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2316. Annual assessment; procedure for fixing amount.

§ 2316. Annual assessment; procedure for fixing amount.
(a) The County Council each year, at a time to be fixed by it, shall, after a public hearing, establish an annual assessment roll for the sanitary sewer district which shall be known as the “Sanitary Sewer District Assessment.”
(b) The total amount assessed for each year shall be sufficient to provide funds required to reimburse the County for sums to be expended for retiring the bonds which have been issued and for the payment of the interest due on the same and for maintaining or improving the sewerage system and paying the necessary general expenses of the sanitary sewer district.
(c) Notice of the public hearing shall state that the assessment roll has been completed and filed and that at the time and place fixed for the public hearing the County Council will meet and hear and consider any objections which may be made to the assessment roll. Notice of the public hearing shall be published in a newspaper published within New Castle County, and having a general circulation therein, once in each of the 2 weeks immediately preceding the week in which the public hearing is to be held.
(d) After holding the public hearing, the County Council may change or amend the assessment roll as it deems necessary or just, and may confirm and adopt the assessment roll as originally proposed or as amended or changed.
Code 1935, §  1170H;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2316;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2317. Collection of assessments.

§ 2317. Collection of assessments.
The annual assessments shall be collected by the County Council as are other county taxes. The properties against which such assessments are levied shall be liable for the payment of the assessments in the same manner as they are liable for other county taxes. No assessment shall be made against any property which is not subject to taxation and assessment for county and municipal purposes.
Code 1935, §  1170H;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2317;  51 Del. Laws, c. 130;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2318. Rules and regulations governing use of sewage disposal facilities.

§ 2318. Rules and regulations governing use of sewage disposal facilities.
The County Council may promulgate from time to time and enforce such rules and regulations, as may be necessary, governing the use of the whole or any parts of such sewerage systems or sewage treatment plants constructed under their control either within or without the district.
Code 1935, §§  1170-I;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2318;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;