reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4505. Authorized signatures on bonds; validity of issuance.

§ 4505. 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 of 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 water system for which the bonds are issued. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
9 Del. C. 1953, §  4505;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4506. Payment of bonds, faith and credit of County; tax levy.

§ 4506. Payment of bonds, faith and credit of County; tax levy.
The full faith and credit of the County is pledged to the payment of any bonds issued by the County under this chapter. The county government 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 any other law, the county government 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. Section 4111 of this title is hereby repealed to the extent said section is inconsistent with this chapter.
9 Del. C. 1953, §  4506;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4507. Authorization of covenants in bonds.

§ 4507. Authorization of covenants in bonds.
(a) In the event that the County issues 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 water 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 water systems;
(4) The operation and maintenance of such water 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;
(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 water 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 resolution or resolutions shall be a contract with the holders of the bonds, and the duties of the County and of the county government 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.
9 Del. C. 1953, §  4507;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4508. Service charges; amount and application.

§ 4508. Service charges; amount and application.
(a) If the County issues bonds under this chapter, the county government shall prescribe and collect reasonable service charges for the services and facilities rendered or afforded by the water 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 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 water systems, including reserves therefor.
(c) The service charges when collected shall be applied to the payment of the bonds and interest and to the expenses of such operation and maintenance in accordance with the resolutions authorizing the bonds.
9 Del. C. 1953, §  4508;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4509. Power to make charges; liability of users; computation of rates.

§ 4509. Power to make charges; liability of users; computation of rates.
(a) The county government 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 water 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 water system, or into which water from a water system may enter directly or indirectly, 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 government, by ordinance, rule or regulation, determines that such charges are due and payable.
(b) Such service charges shall, as near as the county government deems practicable and equitable, be uniform throughout the area served by the water 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 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 a front footage basis, or on other factors determining the type, class and amount of use or service of the water system, or on any combination of any such factors.
9 Del. C. 1953, §  4509;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4510. Penalties for failure to pay charges.

§ 4510. 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, interest shall accrue and be due to the County on the unpaid balance at the rate of 1 percent per month until the service charge, and the interest thereon, shall be fully paid to the County.
(b) In the event that any service charge with respect to any parcel of real property is not paid as and when due, the county government may, in its discretion, enter upon such parcel and cause the connection thereof leading directly or indirectly to the water system to be cut and shut off until the service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon is fully paid.
9 Del. C. 1953, §  4510;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4511. Lien of service charges on real estate.

§ 4511. 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 interest 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 interest in such parcel of any owner, lessee, tenant, mortgagee or other person, except the lien of taxes.
(b) If any service charge or any part of a service charge remains unpaid at the end of 2 years after the due date, the county government shall institute proceedings for the enforcement of the lien, and levy the service charge as an assessment with interest thereon accrued, and all costs thereon, upon the grounds and buildings with regard to which a service charge was made. The grounds and buildings, or any part thereof, shall be sold by the Sheriff of the County, after the giving of notice in the manner provided for other sales of real estate by the Sheriff, and a deed from the Sheriff shall convey to the purchaser all of the right, title and interest of the owner of the grounds and buildings.
(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 interest thereon to the county government. The residue of the purchase money shall be immediately deposited to the credit of the owner or owners of the property so sold in a state or national bank having its principal office in the State.
9 Del. C. 1953, §  4511;  55 Del. Laws, c. 255;  63 Del. Laws, c. 142, §  21;  71 Del. Laws, c. 232, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4512. Water lien docket.

§ 4512. Water lien docket.
The Prothonotary shall, under the supervision and direction of the county government, prepare a docket to be known as “The Kent County Water Lien Docket” [Docket] in which shall be recorded the liens for service charges. The Docket shall be prepared at the expense of the county government in substantially the same form as the judgment docket for Kent County, and contain in the back thereof an index according to the name of the owner against which such lien has been assessed. No water lien shall be valid unless duly recorded as provided in this section. All water 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 Prothonotary, acting under the supervision and direction of the county government, shall satisfy the record by entering thereon the date of final payment and the words “satisfied in full.” The Prothonotary, for the use of the county government, shall receive a fee of $0.50 for each satisfaction so entered.
9 Del. C. 1953, §  4512;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4513. Water consumption statement and other information for county government or its designated agent.

§ 4513. Water consumption statement and other information for county government or its designated agent.
(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 county government or its designated agent, deliver to the county government or its designated agent a statement showing the amount of water supplied to every 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 county government or its designated agent within 10 days after request is made for them, and the county government or its designated agent shall pay the reasonable cost of preparation and delivery of such statements.
(b) The occupant of every parcel of property, the water for which is supplied by any water system of the County, shall, upon request therefor by the county government or its designated agent, furnish to the county government or its designated agent 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 fixtures or facilities on or in connection with such parcel and the number of persons working or residing therein.
9 Del. C. 1953, §  4513;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4514. Discontinuance of water supply for failure to pay service charge.

§ 4514. 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 government specifying a parcel of real property in the County charged with any unpaid service charge under § 4509 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 government 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 government 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 government 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.
9 Del. C. 1953, §  4514;  55 Del. Laws, c. 255.;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4515. Contract with municipality for the filtering, purifying or supplying of water.

§ 4515. Contract with municipality for the filtering, purifying or supplying of water.
The county government may contract with any municipality within the territorial limits of the County to buy, sell, process, filter, treat or purify water. Such filtration, treatment, processing or purification may be done in any plant or facility of the County or the municipality for such time, on such terms, and in such volume as the county government may, by resolution, determine.
9 Del. C. 1953, §  4515;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4516. Connection of property with water mains.

§ 4516. Connection of property with water mains.
Permits for connecting any property by a drain or pipe with any county water main shall be obtained from the county government and shall be issued only to plumbers licensed to do business in this State. No permit will be granted for connecting any property by a drain or pipe with any water main unless application is made therefor to the county government in writing upon blanks furnished by the county government. The application shall state the full name of the owner, the size and kind of drain or 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 or pipe 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 government. The application shall be signed by the owner of the property to be drained or supplied with water and by a plumber licensed to do business in this State. The owner shall also execute a release to the county government releasing the county government, 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.
9 Del. C. 1953, §  4516;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4517. Licensed plumber to connect property with water mains.

§ 4517. Licensed plumber to connect property with water mains.
All necessary plumbing work to be done in connecting any property with a county water main 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 county government or its designated agent.
9 Del. C. 1953, §  4517;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4518. Misrepresentations in application and unauthorized connections with water main; penalty.

§ 4518. Misrepresentations in application and unauthorized connections with water main; penalty.
Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any water main contrary to the authority granted by permits issued therefor by the county government, or without a permit therefor in accordance with this chapter, shall be fined not less than $5.00 nor more than $500.
9 Del. C. 1953, §  4518;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4519. Surveys and inspections by county government; penalty for refusal to permit.

§ 4519. Surveys and inspections 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 water mains, water systems, water treatment plants, plumbing plants, or for rights-of-way or other property rights required for the water systems.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwellings or other buildings in the vicinity of a county water main to determine if it is connected to the county water main, or to determine if the water main 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 for every such refusal.
9 Del. C. 1953, §  4519;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4520. Construction of chapter with other laws.

§ 4520. 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, §  4520;  55 Del. Laws, c. 255.;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4521. Annexation.

§ 4521. 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 water or sewer 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, §  4521;  55 Del. Laws, c. 255.;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4522. Established.

§ 4522. Established.
In addition to all existing methods and authority for the collection of service charges due to the Kent County Receiver of Taxes, the monition method and authority is hereby established.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4523. Praecipe; judgment; monition.

§ 4523. Praecipe; judgment; monition.
(a) The tax collecting authority may file a praecipe in the office of the prothonotary of the Superior Court in and for the county where the property is located.
(b) The praecipe shall contain the name of the person against whom the service charges sought to be collected were assessed, a copy of the bill or bills showing the amount of service charges due, and the property against which the service charges were assessed. The description of the property, as the same appears upon the assessment rolls of the county where the property is located, shall be a sufficient identification and description of the property. Thereupon the prothonotary shall make a record of the same on a special judgment docket of the Superior Court against the property mentioned or described in the praecipe which record shall consist of the following:
(1) The name of the person in whose name the assessment was made;
(2) The description of the property as the same shall appear upon the assessment rolls;
(3) The year or years for which the service charges are due and payable;
(4) The date of the filing of such praecipe;
(5) The amount of the judgment, the same being the amount set forth in the praecipe.
Such judgment shall be indexed in the judgment docket itself under the hundred in which the property is located as the location appears upon the assessment rolls so prepared, and under the hundred by communities where the name of the community appears upon the assessment rolls so prepared, and by referring to the page in the judgment docket whereon the record shall appear.
(c) Thereafter upon a praecipe for monition filed in the office of the prothonotary by the tax collecting authority, a monition shall be issued by the prothonotary to the sheriff of the county where the property is located, which monition shall briefly state the amount of the judgment for the service charges due and the years thereof, including accrued penalty thereon, together with a brief description of the property upon which the service charges are a lien. A description of the property as it appears upon the assessment rolls shall be sufficient.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4524. Form of monition.

§ 4524. Form of monition.
The monition shall be in substantially the following form:
“To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the judgment for the service charges stated herein is paid within 20 days after the date hereof or within such period of 20 days, evidence of the payment of service charges herein claimed shall be filed in the office of the prothonotary, which evidence shall be in the form of a receipted service charge bill or duplicate thereof, bearing date prior to the filing of the lien in the office of the prothonotary for the county where the property is located, the tax collecting authority may proceed to sell the property herein mentioned or described for the purpose of collecting the judgment for the service charges herein stated, including accrued penalties and all costs incurred in the collection process.
Name of PersonIn Whose NameProperty isAssessed
Descriptionof Property
Year orYears
Amountof Judgment”
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4525. Posting of monition; sheriff's return; alias or pluries monition.

§ 4525. Posting of monition; sheriff's return; alias or pluries monition.
(a) The monition, or a copy thereof, shall be posted by the sheriff upon some prominent place or part of the property against which the judgment for the service charges is a lien, and the sheriff shall make due and proper return of the sheriff's proceedings under the monition to the prothonotary, within 10 days after the posting of the monition.
(b) Alias or pluries monition may issue upon like praecipe. The posting of the notice as herein required shall constitute notice to the owner or owners and all persons having any interest in the property.
75 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4527. Sales subject to approval of department of finance or chief county financial officer.

§ 4527. Sales subject to approval of department of finance or chief county financial officer.
The department of finance or the chief county financial officer as designated by the county governing body may approve or disapprove the final bid at a sale made by the sheriff under this subchapter provided that the notice of the public sale includes that such sale is “subject to the approval of the department of finance or the chief county financial officer” in the terms of sale. In the event the department of finance or the chief county financial officer does not approve the final bid at such sale, the said department of finance or chief county financial officer may expose the property to another and as many succeeding sales as it chooses.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4528. Title of property sold.

§ 4528. Title of property sold.
Any real estate or interest therein sold under the provisions of this subchapter shall vest in the purchaser all the right, title and interest of the person in whose name the property was assessed, and/or all right, title and interest of the person or persons who are the owners thereof, and likewise freed and discharged from any liens and encumbrances, dower or curtesy or statutory right, in the nature of a dower or curtesy, whether absolute or inchoate, in or to the real estate.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4529. Petition by purchasers for deed of conveyance.

§ 4529. Petition by purchasers for deed of conveyance.
If the owner of the property or the owner's legal representatives fail to redeem the property as provided in this subchapter, the purchaser of the property or the purchaser's legal representatives, successors or assigns may present a petition to the Superior Court setting forth the appropriate facts in conformity with this subchapter and pray that the Superior Court make an order directing the sheriff, then in office, to execute, acknowledge and deliver a deed conveying the title to the property to the petitioner; and thereupon the Superior Court shall have power, after a hearing upon the petition, to issue an order directing the sheriff to execute, acknowledge and deliver a deed as prayed for in the petition. A description of the property as the same shall appear upon the assessment rolls, and a description by metes and bounds where obtainable shall be a sufficient description in any such deed.
75 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4530. Redemption by owner.

§ 4530. Redemption by owner.
The owner of any such real estate sold under this subchapter or the owner's legal representatives may redeem the same at any time within 60 days from the day the sale thereof is approved by the court, by paying to the purchaser or the purchaser's legal representatives, successors or assigns, the amount of the purchase price and 15 percent in addition thereto, together with all costs incurred in the cause; or if the purchaser or the purchaser's legal representatives, successors or assigns refuse to receive the same, or do not reside or cannot be found within the county where the property is located, by paying the amount into the court for the use of the purchaser, the purchaser's legal representatives or assigns.
75 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4531. Petition by owner after redemption for entry on judgment record.

§ 4531. Petition by owner after redemption for entry on judgment record.
If the owner of any real estate sold under an order of sale or the owner's legal representative redeems the real estate, the owner may present to the Superior Court a petition setting forth that fact and thereupon the Superior Court, after hearing and determining the facts set forth in the petition, shall have power to cause to be entered upon the record of the judgment, under which the real estate was sold, a memorandum that the real estate described in the proceedings upon which the judgment was entered has been redeemed. Thereafter the owner shall hold such redeemed real estate subject to the same liens and in the same order of priority as they existed at the time of the sale thereof, excepting so far as the liens have been discharged or reduced by the application of the proceeds by the sheriff from the sale.
75 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4532. Regularity of proceedings under venditioni exponas.

§ 4532. Regularity of proceedings under venditioni exponas.
Upon the return of the proceedings under a writ of venditioni exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4533. No proceedings unless tax is a lien upon property; construction of term “Superior Court”.

§ 4533. No proceedings unless tax is a lien upon property; construction of term “Superior Court”.
(a) No proceedings shall be brought under this subchapter unless the service charge or assessment sought to be collected hereunder shall at the time of the filing of the praecipe in the office of the prothonotary be and constitute a lien upon the property against which the service charge or assessment was assessed or laid.
(b) Whenever the Superior Court is mentioned in this subchapter, the same shall be held to embrace the judges or any judge thereof, and any act required or authorized to be done under this subchapter may be done by the Superior Court or any judge thereof in vacation thereof, as well as in term time.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4534. Fees and costs.

§ 4534. Fees and costs.
(a) The fees and costs to be taxed in all proceedings under this subchapter, where not otherwise provided for, shall be as follows:
(1) The following fees shall be charged by the prothonotary:
Filing praecipe
$1.10
Issuing monition and copy
$2.75
Issuing alias or pluries, monition and copy
$2.75
Writ of venditioni exponas
$2.25
Filing any petition in Superior Court under this subchapter
$1.00
Costs of paying money into Superior Court
$1.00
Cost of paying money out of Superior Court for each check drawn
$1.00
(2) The following fees shall be charged by the sheriff:
Posting monition or copy thereof
$0.75
Posting each alias or pluries, monition or copy thereof
$0.75
(b) The county government of Kent County may provide by ordinance for fees and costs to be taxed in all proceedings under this subchapter.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter II. Monition Method of Sale in Kent County › § 4535. Purchase at sheriff's sale by agent of county.

§ 4535. Purchase at sheriff's sale by agent of county.
Kent County Levy Court may authorize any person to bid at the sale of any real estate under this chapter and, in the event that such person is the highest and best bidder therefor, title thereto shall be taken in the name of Kent County. Levy Court shall not authorize any person to bid in excess of the aggregate amount of all taxes, service, charges, penalties and obligations due to Kent County, including costs incurred in the collection process.
75 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4601. Definitions.

§ 4601. Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) The term “County” shall mean Kent County.
(2) The term “district” or the term “county sewer district” shall mean any sewage disposal district or sanitary district established pursuant to this chapter.
(3) The term “sanitary district” shall mean a county sewer district established to provide 1 or more facilities necessary or convenient for the collection of sewage, the treatment of such sewage and delivery of such treated effluent into the facilities of a sewage disposal district for final treatment.
(4) The term “sewage” shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable for treatment and disposal through the facilities of sewage treatment plants.
(5) The term “sewage disposal district” shall mean a county sewer district established to provide 1 or more sewer facilities necessary or convenient for the transmission, final treatment and disposal of effluent received from the sewage collection facilities of a sanitary sewer district or from any other source as specifically provided herein.
9 Del. C. 1953, §  4601;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4602. Purpose.

§ 4602. Purpose.
(a) The county government may establish or extend 1 or more county sewage disposal districts and county sanitary districts in the manner hereinafter provided for the purpose of the collection, transmission, treatment, and disposal of sewage.
(b) A county district established or extended hereunder may consist of 2 or more noncontiguous areas.
(c) Sanitary districts may only be established or extended within the boundaries of a sewage disposal district.
9 Del. C. 1953, §  4602;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4603. Planning.

§ 4603. Planning.
(a) The county government may:
(1) Assemble data, and develop plans relating to the collection, transmission, treatment and disposal of sewage within the County, and relating to the elimination or alleviation of sewage problems; and
(2) Study the possibility of developing and utilizing existing facilities to make them available to the several municipalities, and other political subdivisions and unincorporated areas within the County.
(b) The county government on its own motion may cause a preliminary report including maps and plans to be prepared for the establishment of a certain area or areas of the County as a county district. Such maps and plans shall show:
(1) The boundaries of the area or areas which the county government in its judgment considers will be benefited directly or indirectly by the particular project;
(2) A description of the area or areas sufficient to permit definite and conclusive identification of all parcels of property included therein;
(3) The proposed location of all facilities such as lateral, trunk, interceptor and outfall sewers, pumping stations, and treatment and disposal facilities;
(4) Estimates of the cost of construction of the facilities as shown on the maps and plans; and
(5) The method of financing such facilities.
If the report shall contain recommendations for the establishment of 2 or more zones of assessment within a county district, the maps and plans shall show the boundaries of each of such zones and the estimated initial allocation of the cost of construction of the facilities recommended to be charged to each of such zones.
(c) The county government may employ or contract for such engineering, legal, professional and other assistance as from time to time may be needed, and may incur such other expenses as may be necessary to carry out the powers herein set forth.
9 Del. C. 1953, §  4603;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4604. Public hearing.

§ 4604. Public hearing.
(a) Upon completion of the preliminary report and the maps and plans, the county government shall call a public hearing upon a proposal to establish a county district to comprise the area or areas defined in such maps and plans.
(b) The county government shall cause a notice of public hearing to be posted in 4 public places within the proposed district and shall cause a notice of the public hearing to be published at least once in a newspaper published within the County and having a general circulation therein. The first publication thereof shall be not less than 10 days before the date set therein for the hearing. The notice of hearing shall contain a description of the area or areas to be included within the proposed district, and if the report shall have recommended the establishment of zones of assessment, a description of the area or areas to be included within such zones, the improvement proposed, the maximum amount proposed to be expended for the improvement, the allocation of such maximum amount as between the zones of assessment recommended, if any, and shall specify the time and the place where the county government will meet to consider the matter and to hear all parties interested therein concerning the same. In the event that zones of assessment and allocation of cost of the facilities between such zones of assessment are provided for, said notice shall further state that said zones of assessment and said allocations of cost may be changed from time to time by resolution of the county government adopted after a public hearing whenever said county government shall determine that such changes are necessary in the public interest.
9 Del. C. 1953, §  4604;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4605. Representation by municipalities and districts.

§ 4605. Representation by municipalities and districts.
At the public hearing on the establishment of a county district which includes the whole or any part of a district furnishing a similar service as the proposed district, a city or a town, such district, city or town, may be represented by an officer of the district, city or town, duly designated by the governing body of such district, city or town to attend.
9 Del. C. 1953, §  4605;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4608. Review.

§ 4608. Review.
Any interested party aggrieved by the final determination made by the county government establishing the district or authorizing the increase and improvement of facilities previously authorized for an existing district, may make application for review by a court of competent jurisdiction, of any and all of the final determinations made by the county government in connection with the proceeding establishing the district or authorizing the increase for improvements of facilities previously authorized for an existing district; provided, that application for review is made within 30 days from the effective date of the resolution establishing the district, or extending the boundaries thereof, or the adoption of a resolution authorizing the increase and improvement of facilities previously authorized for an existing district. Unless such application is made within 30 days as aforesaid, the resolution establishing the district, extending the boundaries thereof, or authorizing the increase and improvement of facilities previously authorized for an existing district shall be final and conclusive, and shall be presumptive evidence of the regularity of the proceedings for the establishment of the district for the extension thereof or for the authorization of the increase and improvement of facilities previously authorized for an existing district, and all other actions taken by the county government in relation thereto.
9 Del. C. 1953, §  4608;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4609. Validation of prior establishment of districts.

§ 4609. Validation of prior establishment of districts.
Any district heretofore established pursuant to the provisions of this chapter is hereby declared and determined to have been validly established, regardless of the failure of the county government or any of its officials or employees to comply with the requirements as to the establishment of such district set forth in this chapter, and notwithstanding that any of the proceedings taken to establish such district were not validly taken, and notwithstanding that the area of the district is less than the area in which the proposed sewage improvements are to be constructed and that such sewage improvements will serve an area greater than the area of such district; provided, however, that any assessment levied on the lots and parcels of land in such district or any extension thereof shall be in proportion as nearly as may be to the benefit which each parcel would derive from such proposed sewage improvements, regardless of the total cost of such sewage improvements. Sewage disposal systems may be constructed on behalf of any such district either within or without the area of the district, to serve the district, any other district heretofore or hereafter established, and any municipality or other political subdivision of the State or agency which may contract for the use and services of the sewage system. Bonds of the county government may be issued to finance the cost of such sewage system whether authorized by bond resolutions heretofore or hereafter adopted by the county government. The bonds shall be payable in the manner provided by § 4656 of this title.
9 Del. C. 1953, §  4608A;  57 Del. Laws, c. 108, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4610. Plans and specifications.

§ 4610. Plans and specifications.
After a district shall have been established, the county government shall cause to be prepared by the County Engineer or duly licensed engineer employed or contracted for that purpose, detailed plans and specifications for the improvement, a detailed estimate of the expense, and with the assistance of the attorney for the county government, or other legal or professional help employed or contracted for that purpose, a proposed contract or contracts for the execution of the work.
9 Del. C. 1953, §  4609;  56 Del. Laws, c. 103, §  13;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4611. Contracts.

§ 4611. Contracts.
(a) All contracts or orders for work, material or supplies, performed or furnished in connection with construction, shall be awarded by the county government by or pursuant to resolution. Such contracts or orders for work, material or supplies needed for any particular purpose involving an expenditure of more than $2,000 shall be awarded only after inviting sealed bids or proposals therefor. The notice inviting sealed bids or proposals shall be published at least once in a newspaper or trade paper selected by the county government for such purpose, such publication to be at least 10 days before the date for the receipt of bids. If the county government shall not deem it in the interest of the county government to reject all bids, it shall award the contract to the lowest bidder, unless the county government shall determine that it is in the public interest that a bid other than the lowest bid should be accepted.
(b) The bidder whose bid is accepted shall give security for payment for materials and for the faithful performance of the contract, for maintenance following completion, and for such other purposes as the county government may require. The sufficiency of such security shall be determined by the county government. All bids or proposals shall be publicly opened by the county government or its duly authorized agent. If the bidder whose bid has been accepted shall neglect or refuse to accept the contract within 5 days after written notice that the same has been awarded to that bidder on his or her bid or proposal, or, if the bidder accepts but does not execute the contract and give proper security, the county government shall have the right to declare his or her deposit forfeited, and thereupon it shall be readvertised and relet as above provided. In case any work shall be abandoned by any contractor, the county government may, if the best interests of the district be thereby served, adopt on behalf of the district any or all subcontracts made by such contractor for such work and all such subcontractors shall be bound by such adoption if made; and the county government shall in the manner provided herein advertise and relet the work specified in the original contract exclusive of so much thereof as shall be provided for in the subcontract or subcontracts so adopted.
(c) Notwithstanding the provisions of this section or any other provision of law, the county government may contract for engineering, legal or other professional services requiring special skill or training for any project authorized by this chapter without requesting competitive bids or proposals, and without awarding such contract to the lowest bidder.
9 Del. C. 1953, §  4610;  56 Del. Laws, c. 103, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 46. SEWERS AND SEWER DISTRICTS › § 4613. Preliminary expenses.

§ 4613. Preliminary expenses.
The preliminary expenses incurred for the preparation of maps, plans, studies, reports and other matters relating to the establishment or extension of a sewer district as authorized by this chapter, shall be a county charge and shall be assessed, levied and collected in the same manner as other county charges. If the county government shall thereafter establish or extend a sewer district and construct a sewer system therein pursuant to the provisions of this chapter, the expenses incurred by the county government as set forth above shall be deemed to be part of the cost of such improvement and the County shall be reimbursed for the whole amount paid therefor, or for such portion of that amount which the county government shall allocate against such district or extension. In the event the district is not established or extended, the county government may issue bonds to finance the above cost either in whole or in part, pledging the full faith and credit of the County to the punctual payment of the bonds and the interest thereon. Such bonds may be issued for a period of not to exceed 5 years from their respective dates.
9 Del. C. 1953, §  4612;  56 Del. Laws, c. 103, §  13;