reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4614. Sewage charges and revenues.

§ 4614. Sewage charges and revenues.
(a) The county government may, after a public hearing called and held in the manner provided in § 4604 of this title, by ordinance or resolution, establish charges for the use of a sewage system or any part or parts thereof. Such charges may be based on any of the following:
(1) The consumption of water on the premises connected with and served by the sewage system or such part or parts thereof;
(2) The number and kind of plumbing fixtures on the premises connected with and served by the sewage system or such part or parts thereof;
(3) The number of persons served on the premises connected with and served by the sewage system or such part or parts thereof;
(4) The volume and character of sewage, industrial waste and other waste discharged into the sewage system or such part or parts thereof; or
(5) Any other equitable basis determined by the county government including but not limited to any combination of the foregoing.
(b) Such sewage charges, together with the amount of any penalty and interest prescribed by the county government and due for nonpayment of such charges, shall constitute a lien upon the real property served by the sewage system or such part or parts thereof for which sewage charges shall have been established and imposed. The lien shall be prior and superior to every other lien or claim except as otherwise may be provided by law.
(c) The county government on behalf of a sewer district may bring and maintain an action:
(1) To collect sewage charges in arrears including penalties and interest; or
(2) To foreclose liens for such sewage charges.
As an alternative to the maintenance of any such action, the county government may annually cause a statement to be prepared stating the amount of each lien for sewage charges in arrears including penalties, the real property affected thereby, and the name of the person in whose name such real property is assessed. The county government shall cause to be levied the amounts contained in such statements against the real property at the same time and in the same manner as county taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of county taxes.
(d) The ordinance or resolution establishing and imposing sewage charges:
(1) Shall describe the sewer system or the part or parts of the sewer system for which such charges shall be established and imposed;
(2) Shall prescribe the basis for such charges;
(3) Shall provide for the date or dates on which sewage charges shall become due and payable; and
(4) May provide for penalties and interest for sewage charges in arrears, or for discounts for the prompt payment of such charges, or for penalties, interest and discounts.
9 Del. C. 1953, §  4613;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4615. Expense of the improvement.

§ 4615. Expense of the improvement.
The cost of establishment of a county sewer district and the furnishing of the improvement therein shall include the amount of all contracts, the cost of all lands and interests therein necessarily acquired, the cost of erection of necessary facilities and appurtenances for operation or administration of the improvement, the cost of necessary equipment for operation or administration of the improvement, printing, publishing, interest on loans, legal, engineering and other professional services, and all other expenses incurred or occasioned by reason of the establishment or extension of the district and the furnishing of the improvement. In addition, there shall be apportioned against, charged to and included in such cost, such allowance as the county government may make for expenditures which are directly attributable to the establishment or extension of the district as well as for any services rendered by the attorney for the county government, the County Engineer or any other salaried county officer or employee when such services have been necessary to or occasioned by reason of the establishment of the district.
9 Del. C. 1953, §  4614;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4616. Increase and improvement of facilities.

§ 4616. Increase and improvement of facilities.
Whenever the county government shall determine it necessary to acquire additional lands or interests in lands or to acquire or to construct additional trunk, interceptor and outfall sewers, pumping stations, treatment and disposal works and appurtenances, lateral sewers or other facilities, or whenever the county government shall determine it necessary for the purpose of the operation and maintenance of such facilities to increase, improve and reconstruct the facilities thereof, including the acquisition of additional lands or interests in lands, it may cause the same to be accomplished without further authorization; provided, however, that if it is proposed to finance any part of the cost thereof by the issuance and sale of county obligations, such improvement shall not be undertaken unless authorized by proceedings taken in the same manner as the proceedings taken for the original establishment or extension of the district except that the sole determination which the county government shall make is whether such improvement is in the public interest, and, if zones of assessment have been established, said county government shall further determine the allocation of the cost thereof as between such zones.
9 Del. C. 1953, §  4615;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4617. Increase of maximum amount to be expended.

§ 4617. Increase of maximum amount to be expended.
At any time after the establishment of a district or extension thereof pursuant to this chapter, the maximum amount authorized to be expended for the original improvement in such district or extension thereof may be increased by a resolution of the county government, provided the county government shall, after a public hearing called and held in the manner provided in § 4604 of this title, determine that it is in the public interest to authorize an increase of such maximum amount. If zones of assessment have been established, such resolution of the county government shall further provide for the allocation of such increase as between such zones of assessment and the notice of such public hearing shall state such allocation.
9 Del. C. 1953, §  4616;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4619. Extension of the district.

§ 4619. Extension of the district.
The district may be extended so as to include territory not previously included within its boundaries in the same manner as hereinbefore prescribed for the original establishment of a district. The cost of the extension shall include all the costs and expenses occasioned by reason of such extension and in addition thereto such proportion of the cost of the system of the original district as the county government shall determine.
9 Del. C. 1953, §  4618;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4620. Changes in zones of assessment.

§ 4620. Changes in zones of assessment.
The county government, after holding a public hearing upon notice published in the same manner as provided in § 4604 of this title, from time to time, by resolution may:
(1) Change the allocation of the cost of such facility as between zones of assessment;
(2) Change the boundaries of zones of assessment; or
(3) Establish new zones of assessment or eliminate existing zones of assessment.
9 Del. C. 1953, §  4619;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4621. Order to connect to sewer; enforcement.

§ 4621. Order to connect to sewer; enforcement.
(a) The county government may, where it deems it necessary to the preservation of public health, order the owner of any lot or parcel of land within a district or extension thereof which abuts upon a street or right-of-way containing a sewer which is part of or served by the county sewage system, and upon which lot or parcel of land a building shall have been constructed for residential, commercial or industrial use, to connect such building with such sewer.
(b) If any owner shall fail to comply within 60 days with such order to connect with such sewer, the county government may forthwith institute action in any Justice of the Peace Court or may institute a summary action in the Superior Court to compel compliance with such order.
9 Del. C. 1953, §  4620;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4622. Surveys and inspection by county government; penalty for refusal to permit.

§ 4622. Surveys and inspection by county government; penalty for refusal to permit.
(a) The county government or its designated representatives may go upon any land for the purpose of making surveys for sewers, sewage systems, sewage disposal plants, pumping stations or other facilities, or for rights-of-way or other property rights required for a sewage system.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwelling or other building in the vicinity of a sewer to determine if it is connected to the sewer, or to determine if the sewer connection has been made or is being maintained in accordance with the regulations of the county government.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 nor more than $100 for every such refusal.
9 Del. C. 1953, §  4621;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4623. Annexation.

§ 4623. Annexation.
Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any right, title or interest in any part of any sewage system constructed, acquired, extended or improved pursuant to this chapter, except as a resolution of the county government may so provide. No such resolution shall be adopted by the county government unless the annexing municipality shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder for the purchase, construction, acquisition, extension or improvement of all systems wholly or partly within the annexed area, with interest to the date of call or redemption and any redemption or call premium applicable thereto.
9 Del. C. 1953, §  4622;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4624. Dissolution and diminishing area of sewer districts.

§ 4624. Dissolution and diminishing area of sewer districts.
Whenever the county government shall determine it to be in the public interest, said county government, upon its own motion, but after a public hearing called and held in the manner provided in § 4604 of this title, may dissolve and discontinue any sewer district:
(1) Provided that the period of 3 years shall have elapsed since the date of establishment of such district, and that no improvement has been constructed or service provided for such district at any time since the establishment thereof; and
(2) Further provided that there be no indebtedness outstanding and unpaid, incurred to accomplish any of the purposes of such district.
9 Del. C. 1953, §  4623;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4625. Exception to limitation on borrowing power.

§ 4625. Exception to limitation on borrowing power.
Section 4111 of this title shall not apply to this chapter.
9 Del. C. 1953, §  4624;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4626. Power to incur indebtedness by issuing bonds and notes.

§ 4626. Power to incur indebtedness by issuing bonds and notes.
The county government may incur indebtedness by issuing negotiable bonds, and notes in anticipation of bonds, pursuant to this chapter to finance the cost of the establishment or extension of a district and the improvements therein which it may lawfully construct or acquire pursuant to this chapter.
9 Del. C. 1953, §  4625;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4627. Bond resolution vote required.

§ 4627. Bond resolution vote required.
The county government shall authorize the issuance of bonds by a “bond resolution” passed by the affirmative vote of at least 3/5 of all its members.
9 Del. C. 1953, §  4626;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4628. Form and content of bond resolution.

§ 4628. Form and content of bond resolution.
Every bond resolution adopted pursuant to this chapter shall be properly dated and shall bear a title indicating the type of obligation to which it relates and shall contain, in substance, at least the following provisions:
(1) A statement of the specific purpose for which the obligations authorized by the resolution are to be issued; such specific purpose to be described in brief and general terms sufficient for reasonable identification;
(2) If the obligations to be authorized are for a specific purpose, a statement of the estimate of the maximum cost of each item of such specific purpose, such statement shall also set forth the plan for the financing of such purpose which shall indicate the sources of the amounts of money which have been previously authorized to be applied to the payment of the cost of each purpose, and the intended source or sources other than the proceeds of such obligations of the balance of the money to be so applied;
(3) A statement of the amount of bonds to be issued for such specific purpose; and
(4) A determination of the period of usefulness of the project within the limitations provided for in this chapter computed from the date of issuance of the first obligation in reference thereto.
9 Del. C. 1953, §  4627;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4629. Procedure for passage of bond resolution.

§ 4629. Procedure for passage of bond resolution.
Every bond resolution shall be introduced in writing in the form in which it is to be finally passed, and upon final passage shall be published in full in at least 1 newspaper published in the County and having general circulation therein together with a notice in substantially the following form:
NOTICE
The bond resolution published herewith was adopted on the ________________ day of ________________________________ 20________, and the validity of the obligations authorized by such resolution may be hereafter contested only if:
(1) Such obligations are authorized for a purpose for which the County is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution.
________________________________________________________________Clerk
9 Del. C. 1953, §  4628;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4631. Authorization of notes in anticipation of bonds.

§ 4631. Authorization of notes in anticipation of bonds.
In anticipation of the issuance of bonds, the county government may by resolution authorize the issuance of negotiable notes when it shall have theretofore authorized the issuance of bonds. Such notes shall mature within 1 year from the date of their issue and may be renewed from time to time, but each renewal shall be for a period not exceeding 1 year, and in no event shall such notes extend more than 7 years beyond the original date of issue.
9 Del. C. 1953, §  4630;  56 Del. Laws, c. 103, §  13;  63 Del. Laws, c. 33, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4632. Other proceedings by resolution.

§ 4632. Other proceedings by resolution.
All matters in connection with the authorization, sale and issuance of the bonds or notes not specifically required to be provided in the bond resolution may be determined or provided by subsequent resolutions adopted by the affirmative votes of at least the majority of the members of the county government.
9 Del. C. 1953, §  4631;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4633. Payment of bonds.

§ 4633. Payment of bonds.
The bonds may be payable at such time or times as may be determined in the bond resolution, or by resolution adopted subsequent to the adoption of the bond resolution, within the limitations provided in this chapter.
9 Del. C. 1953, §  4632;  56 Del. Laws, c. 103, §  13;  57 Del. Laws, c. 108, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4634. Payment of installment.

§ 4634. Payment of installment.
The last installment of each authorized issue of bonds shall be paid not later than the date of expiration of the period of usefulness of the project for the financing of which such bonds are issued, as determined in the bond resolution authorizing the issuance of the bonds, computed from the date of issuance of the bonds or of the issuance of the first note or notes, whichever is the earlier.
9 Del. C. 1953, §  4633;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4635. Period of usefulness.

§ 4635. Period of usefulness.
(a) The following maximum periods of usefulness are hereby prescribed for the respective projects authorized by this chapter, and the period of usefulness of any project, determined in any bond resolution shall, in no event, exceed the maximum period hereby prescribed for that project.
(b) The acquisition, construction or reconstruction of a sewage system or an addition thereto, whether or not including treatment or disposal plants or buildings, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus, is 40 years; the replacement or the later addition of furnishings is 10 years.
9 Del. C. 1953, §  4634;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4636. Consolidation of bond issues.

§ 4636. Consolidation of bond issues.
Bonds for 1 or more specific objects or purposes or classes of objects or purposes, or a combination thereof, may be consolidated and sold as a single bond issue.
9 Del. C. 1953, §  4635;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4637. Public sale of bonds.

§ 4637. Public sale of bonds.
All bonds issued under this law, except as otherwise provided in § 4644 of this title and except bonds of authorized issues of $30,000 or less and having a maximum maturity of not more than 5 years from the date of issuance of such bonds, shall be sold at public sale upon sealed proposals after at least 10 days notice published at least once in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, published in the City of New York, and at least 10 days notice published at least once in a newspaper published in the County and having general circulation therein. Bonds of authorized issues of $30,000 or less, and maturing as hereinabove set forth, and all bond anticipation notes may be sold at private sale by such financial officer as the county government may by resolution provide.
9 Del. C. 1953, §  4636;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4638. Contents of notice of sale — Generally.

§ 4638. Contents of notice of sale — Generally.
The public notice of sale of bonds shall describe the bonds and set forth the terms and conditions of sale. It shall invite bidders to name the rate or rates of interest to be borne by the bonds, which rate or rates shall be stated in multiples of 1/8 or 1/1 0 of 1 percent. The notice shall also state that the bonds will not be sold for less than par and accrued interest.
9 Del. C. 1953, §  4637;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4639. Contents of notice of sale — Award of bonds at single interest rate.

§ 4639. Contents of notice of sale — Award of bonds at single interest rate.
Unless the notice of sale permits the naming of more than 1 rate of interest, as hereinafter provided, it shall state that all the bonds bid for shall bear a single rate of interest and, in case of a sale of more than 1 issue, after describing the separate issues, shall state the combined maturities as if such combined maturities constituted a single issue. The notice of sale shall state that the bonds will be awarded to the bidder offering the lowest interest rate and, as between bidders offering the same lowest rate, to the bidder who offers to pay the highest cash premium.
9 Del. C. 1953, §  4638;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4640. Contents of notice of sale — Multiple rate bidding.

§ 4640. Contents of notice of sale — Multiple rate bidding.
The notice of sale may, as an alternative to a single interest rate, permit bidders to name 2 or more interest rates for the bonds proposed to be sold, within such limitations as the notice of sale may provide. In such event it shall state that all the bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost to the district, such net cost being computed, as to each bid, by adding to the total principal amount of the bonds the total interest which will be paid under the terms of the bid, after deducting from such interest the amount of premium, if any.
9 Del. C. 1953, §  4639;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4641. Contents of notice of sale — Deposit.

§ 4641. Contents of notice of sale — Deposit.
The notice of sale shall require all bidders to deposit a certified or cashier's check for 2% of the amount of bonds proposed to be sold, to secure the district from any loss resulting from the failure of the bidder to comply with the terms of his or her bid.
9 Del. C. 1953, §  4640;  56 Del. Laws, c. 103, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4642. Contents of notice of sale — Rejection of proposals.

§ 4642. Contents of notice of sale — Rejection of proposals.
Each notice of sale shall reserve the right to reject any and all bids and shall state that any bid not complying with the terms of the notice will be rejected.
9 Del. C. 1953, §  4641;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4643. Proposals opened publicly.

§ 4643. Proposals opened publicly.
All proposals shall be opened publicly at the time and place stated in the notice of sale, and not before, and shall be publicly announced.
9 Del. C. 1953, §  4642;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4644. Private sale to public agencies.

§ 4644. Private sale to public agencies.
Notwithstanding this or any other law, any bonds may be sold without previous public offering to, and may be purchased by, the Sinking Fund Commission or the Insurance or Pension Fund Commission of the County of Kent, or the State, or may be sold to any agency acting on behalf of the United States of America.
9 Del. C. 1953, §  4643;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4645. Form of bonds.

§ 4645. Form of bonds.
Bonds may be issued in form payable to bearer with coupons attached for the payment of interest and, if so issued, may be made subject to registration as to principal only or as to both principal and interest.
9 Del. C. 1953, §  4644;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4646. Form of notes.

§ 4646. Form of notes.
Notes may be issued in fully registered form; or notes may be issued in form payable to bearer, with interest payable to bearer on presentation for endorsement, and, if so issued, shall be subject to full registration. Interest on notes issued in registered form and interest on bearer notes which have been registered shall be payable to the registered holder.
9 Del. C. 1953, §  4645;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4647. Execution of bonds and notes.

§ 4647. Execution of bonds and notes.
All bonds and notes shall be executed in the name of the County of Kent by such officials, including a financial officer, as may be designated by resolution of the county government, and shall be under the seal or a facsimile seal of the County and attested by the Clerk. Coupons attached to a bond shall be authenticated by the manual signature or the facsimile signature of the financial officer signing the bond.
9 Del. C. 1953, §  4646;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4648. Bonds and notes redeemable prior to maturity.

§ 4648. Bonds and notes redeemable prior to maturity.
No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity on such notice, at such time or times, with such redemption provisions and at such redemption prices as may be stated in the bond or note. When any such bond or note shall have been validly called for redemption, and any payment of the principal thereof and of the interest thereon accrued to the date of redemption shall have been made or provided for, interest thereon shall cease.
9 Del. C. 1953, §  4647;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4649. Interest rates.

§ 4649. Interest rates.
Bonds or notes issued pursuant to this law may bear interest at a rate or rates, without limitation, which may be determined by resolution of the county government.
9 Del. C. 1953, §  4648;  56 Del. Laws, c. 103, §  13;  57 Del. Laws, c. 602.;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4650. Application of proceeds.

§ 4650. Application of proceeds.
After payment of the reasonable cost of issuance, including printing or engraving costs, advertising expense and legal and other professional expenses, the proceeds of the sale of any bonds or notes shall be applied only to the purpose or purposes for which the obligations were authorized to be issued, and any excess amount thereof or any amount thereof which for any reason is not necessary for any such purpose, shall:
(1) Be applied to payment of such obligations at not more than their face value; and
(2) Be applied to payment of the first maturing installments of such issue.
9 Del. C. 1953, §  4649;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4651. Bonds and notes negotiable.

§ 4651. Bonds and notes negotiable.
All bonds and notes of the County issued pursuant to this law, whether payable to bearer or in fully registered form, shall be negotiable instruments.
9 Del. C. 1953, §  4650;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4652. Reconversion of fully registered bonds.

§ 4652. Reconversion of fully registered bonds.
Any bond originally issued in form payable to bearer with coupons attached may contain a provision that, when it has been fully registered, it will, on the written request of the holder thereof, be reconverted, at the expense of such holder, into a new coupon bond by the preparation and substitution of a new bond and coupons for unmatured interest, of the same form and tenor as those originally authorized. Any such bond may again be converted into a fully registered bond and be reconverted into a coupon bond from time to time in the manner herein provided. The resolution of the governing body authorizing any conversion or reconversion shall set forth the date, maturities, interest rate, denominations, and numbers of the old and new bonds and the name of the holder.
9 Del. C. 1953, §  4651;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4653. Reissuance of bonds or notes lost or destroyed.

§ 4653. Reissuance of bonds or notes lost or destroyed.
If lost or completely destroyed, any bond or note may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the governing body:
(1) Proof of ownership;
(2) Proof of loss or destruction;
(3) A surety bond in twice the face amount of the bond and coupons; and
(4) Payment of the cost of preparing and issuing the new bond or note.
9 Del. C. 1953, §  4652;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4654. Reissuance of defaced or partially destroyed bonds or notes.

§ 4654. Reissuance of defaced or partially destroyed bonds or notes.
If defaced or partially destroyed, any bond may be reissued in the form and tenor of the defaced or partially destroyed bond or note, to the bearer, or if registered, to the registered holder, at the expense of such holder, on surrender of the defaced or partially destroyed bond or note, and on such other conditions as the resolution authorizing the reissuance may provide.
9 Del. C. 1953, §  4653;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4655. Certain agreements forbidden.

§ 4655. Certain agreements forbidden.
In the issuance or sale of bonds or notes it shall be unlawful for the governing body, or any member or members thereof, or any official of the County of Kent to:
(1) Agree to pay directly or indirectly any bonus for the issuance or for the sale of the obligations authorized, and every such payment may be recovered by the County in an action at law;
(2) Enter into any agreement with any original purchaser or his or her representative regarding the deposit or disposition of any moneys received or to be received from such sale and every such agreement shall be void;
(3) Enter into any agreement in the nature of a service contract providing for publication of notice of sale, and printing of bonds or notes, and for the providing of a legal opinion or for any technical or advisory services used in connection with the issuance of bonds or notes, unless such agreement provides that any advisor, agent, technician or any other person acting in an advisory capacity agrees not to offer to purchase or to participate in the purchase, or in the distribution of the bonds or notes at public or private sale; and any agreement to the contrary shall be void and any money or compensation paid thereon may be recovered by the County in an action at law.
9 Del. C. 1953, §  4654;  56 Del. Laws, c. 103, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4656. Payment of bonds and notes.

§ 4656. Payment of bonds and notes.
The power and obligation of the County to pay all bonds and notes hereafter issued by it pursuant to this chapter shall be unlimited. The full faith and credit of the County is hereby pledged for the payment of the principal of and the interest on all bonds and notes of the County hereafter issued pursuant to this chapter whether or not such pledge be stated in the bonds or notes, or in the bond resolution, or note resolution, authorizing their issuance. Bonds or notes issued for the purpose of acquiring, constructing, extending or improving projects authorized by this chapter may be additionally secured by a pledge of the revenue derived from the operation of said enterprise, as may be provided in the bond resolution or note resolution, authorizing the bonds or notes.
9 Del. C. 1953, §  4655;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4657. Appropriation may include engineering and other costs.

§ 4657. Appropriation may include engineering and other costs.
In determining the amount to be appropriated for a project pursuant to this chapter, the county government may include the engineering, legal and other professional costs, and other costs of acquisition, construction or reconstruction of the property or improvement to be financed. Interest on notes issued during the construction period may also be financed.
9 Del. C. 1953, §  4656;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4658. Validity of bonds not dependent on preliminary proceedings.

§ 4658. Validity of bonds not dependent on preliminary proceedings.
It is the intent of this chapter that the power to issue obligations under this chapter and the validity of the bonds or notes so issued shall not be affected by, or be dependent in any way on the validity or the regularity of any proceedings for the issuance of any bonds or notes to be renewed, extended, retired, funded or refunded by the issuance of such obligations, and shall be independent of the power to make improvements or acquire property and shall not be dependent on or affected by the validity or regularity of any improvements or the acquisition of any property, or the authorization thereof, for the financing of which such bonds or notes are issued, or are to be issued.
9 Del. C. 1953, §  4657;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4659. Legal effect of debt statement.

§ 4659. Legal effect of debt statement.
After the issuance of any bonds or notes in reliance on any debt statement issued by the County, the accuracy and sufficiency of such debt statement shall not be contested by any suit, action or proceeding relating to the validity of such bonds or notes and such bonds or notes shall be presumed to be within all debt or other limitations prescribed by any law of this State.
9 Del. C. 1953, §  4658;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4660. Short period of limitations.

§ 4660. Short period of limitations.
The bond resolution authorizing the issuance of bonds, or any notes issued in anticipation of said bonds, may be contested only if:
(1) Such obligations are authorized for a purpose for which the County is not authorized to expend money;
(2) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within 20 days after the date of such publication; or
(3) Such obligations are authorized in violation of the Constitution of this State.
9 Del. C. 1953, §  4659;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4661. Construction of chapter with other laws.

§ 4661. 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.
9 Del. C. 1953, §  4660;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4701. Acquisition of land; construction and operation of incineration plant; definitions.

§ 4701. Acquisition of land; construction and operation of incineration plant; definitions.
(a) The county government 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 government 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 government 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.
(b) 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, §  4701;  56 Del. Laws, c. 103, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4702. Acquisition of land by purchase.

§ 4702. Acquisition of land by purchase.
The county government may acquire the land, or interest therein, by purchase, but not by exercise of the right of eminent domain.
9 Del. C. 1953, §  4702;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4703. Powers of county government as to operation of plant; regulations and charges for service.

§ 4703. Powers of county government as to operation of plant; regulations and charges for service.
(a) The county government 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 government may adopt regulations and establish fees and charges for the services rendered by the said incineration and garbage disposal plant or plants.
9 Del. C. 1953, §  4703;  56 Del. Laws, c. 103, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4704. Power to borrow money and issue bonds.

§ 4704. Power to borrow money and issue bonds.
The county government 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 3 percent per annum, and in such form as the county government shall deem expedient. The interest upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof.
9 Del. C. 1953, §  4704;  56 Del. Laws, c. 103, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4705. Terms of bonds.

§ 4705. Terms of bonds.
The county government 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 government 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 government 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 government may deem expedient.
9 Del. C. 1953, §  4705;  56 Del. Laws, c. 103, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4706. Execution and record of bonds.

§ 4706. Execution and record of bonds.
The bonds shall be prepared under the supervision of the county government and shall be signed by the Receiver of Taxes and County Treasurer, the President of the county government and the clerk of the peace of Kent County, and shall be under the seal used by the county government. Such officers shall execute the bonds when directed by the county government to do so. The Receiver of Taxes and County Treasurer and the county government shall keep a record of the bonds.
9 Del. C. 1953, §  4706;  56 Del. Laws, c. 103, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4707. Sale of bonds.

§ 4707. Sale of bonds.
The bonds or any part thereof may be sold when and as the county government by resolution determines and until sold shall remain in custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the county government it is deemed advisable that any part or all of the bonds shall be sold, the county government 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 government for effecting the sale or negotiation of such bonds.
9 Del. C. 1953, §  4707;  56 Del. Laws, c. 103, §  14;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4708. Principal and interest payments; taxes.

§ 4708. Principal and interest payments; taxes.
(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated by Kent County.
(b) The county government 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 Receiver of Taxes and County Treasurer be set apart by him or her in a separate account to be opened for that purpose; and the Receiver of Taxes and County Treasurer shall apply the said sum annually to the payments of such part of said loan and interest thereon as may from time to time become due under the provisions of this chapter.
9 Del. C. 1953, §  4708;  56 Del. Laws, c. 103, §  14;  63 Del. Laws, c. 142, §  22;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter I. General Provisions › § 4709. Deposit and use of proceeds of sale of bonds.

§ 4709. Deposit and use of proceeds of sale of bonds.
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 Receiver of Taxes and County Treasurer in a state or national bank designated by Kent County, to the credit of the county government in a separate account, and payments thereof shall be made in the same manner as other payments by the county government. No part of the money thus obtained, except as in this section provided, shall be used for any other purposes than those stated in this chapter, and 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.
9 Del. C. 1953, §  4709;  56 Del. Laws, c. 103, §  14;  63 Del. Laws, c. 142, §  23;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4720. Definitions.

§ 4720. Definitions.
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.;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4721. Petition to establish garbage collection district.

§ 4721. Petition to establish garbage collection district.
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.;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4722. Public hearing.

§ 4722. Public hearing.
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;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4723. Creation of garbage collection district.

§ 4723. Creation of garbage collection district.
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.;