Title 9 — Counties

§ 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 establ…

§ 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…

§ 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 …

§ 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 s…

§ 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 …

§ 4606. Establishment of the county district. (a) Upon the evidence presented at the public hearing, and after due consideration of the maps and plans, reports, recommendations and other data filed with it, the county government shall determine by resolution whether or not the pr…

§ 4607. Referendum upon petition. (a) Within 10 days after the adoption of a resolution subject to referendum upon petition, the county government shall cause a notice to be published at least once in a newspaper published within the County and having a general circulation therei…

§ 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 o…

§ 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…

§ 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 deta…

§ 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 pa…

§ 4612. Powers of the county government. In addition to other powers which it has in reference to a district or extension thereof, the county government may: (1) Plan, construct, reconstruct, improve, better or extend a sewage system or systems, acquire by gift, purchase, lease o…

§ 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, lev…

§ 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 b…

§ 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 fa…

§ 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 w…

§ 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 …

§ 4618. Method of assessment. (a) The county government may determine to issue obligations of the County in such an amount as they may estimate to be sufficient to pay the entire cost of the improvement, but not in excess of the maximum amount proposed to be expended for the impr…

§ 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 cos…

§ 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 zone…

§ 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 containin…

§ 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 fac…

§ 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 …

§ 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…

§ 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;

§ 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 impro…

§ 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;

§ 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 state…

§ 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…

§ 4630. Effective date of bond resolution. Each bond resolution shall take effect immediately after passage.9 Del. C. 1953, § 4629; 56 Del. Laws, c. 103, § 13;

§ 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 …

§ 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 vo…

§ 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, …

§ 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…

§ 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…

§ 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;

§ 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 so…

§ 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 …

§ 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 sal…

§ 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 e…

§ 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…

§ 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;

§ 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;

§ 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 …

§ 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, § …

§ 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…

§ 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 Coun…

§ 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 a…

§ 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.;

§ 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…