Title 9, Counties

§ 505. Determination by county government after receipt of survey and plot. Within 15 days after receipt by the county government of the survey and plot required by § 504 of this title, the county government shall meet and determine whether the community is a suburban community w…

§ 506. Division of Highways data. (a) Immediately after the determination by the county government and the Division of Highways of the State Department of Transportation (Division) that the community in question meets the requirements of a suburban community specified in § 501(5)…

§ 507. Election to authorize bond issue; fixing time for holding. (a) Upon the submission by the Director of the Division of Highways of the Department of Transportation to the county government of complete plans, specifications and estimates covering the improvements, the county…

§ 508. Contents of notice of election. Thereafter, the election shall be held at such time as may be fixed by the county government and shall be previously advertised by posting a notice, in 4 of the most public places within the community, at least 30 days prior thereto and by p…

§ 509. Place, time and manner of voting; judge of election. The election shall be held in the offices of the county governing body in the county in which the suburban community is situated, and the polls shall be open from 9:00 a.m. to 6:00 p.m. of the day of the election. The vo…

§ 510. Persons entitled to vote. (a) Every citizen who resides in the community in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district of which the community is a part at a general el…

§ 511. Certification of result of election; retention of ballots. Promptly after the holding of the election, the judge of election shall tabulate the ballots and certify the results to the county government under the judge’s hand and seal. The ballots shall be retained in the sa…

§ 512. Notification to Director if bond issue authorized. If the certificate of the judge of election reveals that a majority of the votes cast at the election is in favor of the issuance of bonds by the county government to cover the cost of the improvement or improvements conte…

§ 513. Bonds; issuance by county government; resolution authorizing issuance and fixing terms of; use of general and other funds to finance construction. (a) If the vote of the community is in the affirmative, the county government shall promptly meet and by resolution authorize …

§ 514. Preparation, form and execution of bonds. The county government shall direct and effect the preparation and printing of the bonds authorized by this subchapter, shall determine whether such bonds shall be registered or bearer with coupons convertible into fully registered …

§ 515. Sale of bonds; proceeds of sale; advertising required. (a) The county government shall negotiate the sale and delivery of the bonds. The proceeds of the sale of the bonds shall be paid into the treasury of the county government to be used for the purposes provided in this …

§ 516. Requirements for bidding on bonds. The county government may require that each bid for the bonds be accompanied by a certified check in the amount of 10 percent of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the county governm…

§ 517. Rejection and acceptance of bids; opinion required. (a) The county government may reject any and all bids, but in awarding the sale of the bonds, or any of them, they shall be sold to the person, persons, firm or corporation which, in the judgment of the county government …

§ 518. Rights-of-way; acquisition of; limitations on. (a) In the event that street rights-of-way are inadequate or where street rights-of-way are in question, the Division of Highways of the State Department of Transportation may acquire the rights-of-way necessary for the suburb…

§ 519. Contracts for improvements; procedure for awarding. (a) The county government shall award a contract or contracts for the required improvements upon a competitive basis pursuant to public advertisement of the intention of the county government to receive sealed proposals f…

§ 520. Exemption from limitations of county contract laws. Contracts entered into by the county government under the provisions of this subchapter shall in all cases be exempt from monetary limitations now set forth in county government contract laws.45 Del. Laws, c. 123, § 32; 4…

§ 521. Supervision of work. After the awarding of the contract or contracts, all work performed under the contract or contracts shall be under the direct supervision and direction of the Director of Operations of the Department of Transportation, which Department shall be reimbur…

§ 522. Payment to contractor. The county government shall withhold 10 percent of all payments made under the terms of the contracts until final certification by the Department of Transportation that the work has been satisfactorily completed, in compliance with the terms of the c…

§ 523. Maintenance of improvements. (a) Upon the certification by the Department of Transportation that the improvement or improvements have been satisfactorily completed, the improvement or improvements shall be incorporated into the state highway system, and the Department shal…

§ 524. Assessment on real property in suburban community; time for making and basis. (a) Not later than 30 days after the date of receipt by the county government of the final contract costs from the Department of Transportation, but in no event later than 8 months after the sale…

§ 525. Determination of portion of total assessment payable annually; special lien; payment. (a) After the county government has determined the total amount of the special assessment to be levied, it shall promptly seek the advice of at least 2 responsible brokers or bankers in t…

§ 526. Lien book; preparation and distribution. (a) Within 30 days after the passage of the resolution mentioned in § 525 of this title, the county government shall prepare books, in triplicate, containing the following information: (1) The name of each freeholder in the suburban…

§ 527. Notice of assessment; when to be given; contents; interest on delinquent installments. (a) Within 20 days after the completion of the triplicate books mentioned in § 526 of this title, the receiver of taxes and county treasurer shall send, by registered mail directed to ea…

§ 528. Record of lien on books of board of assessment. The county government shall direct the board of assessment for the county in which the suburban community is situated to cause the words “Special Community Lien” to be placed beside the name of each freeholder in the suburban…

§ 529. Receipt and disposition of assessment payments; bond. (a) The receiver of taxes and county treasurer for the county in which the suburban community is situated shall receive payment of the proportionate annual amount of the special assessment or levy, and shall turn over t…

§ 530. Bill for annual installment of assessment; mailing. The receiver of taxes and county treasurer shall annually, on the date of the sending of the written notice prescribed by § 527 of this title, mail to each freeholder in the suburban community a bill for the proportionate…

§ 531. Collection of assessments in default; procedure; deficiencies. (a) If a freeholder in the suburban community fails to pay the full amount of the freeholder’s proportionate annual amount of the special assessment or levy within 1 year from the time within which it becomes p…

§ 532. Special sinking fund. The county government shall promptly deposit all funds received from the receiver of taxes and county treasurer from the collection of the special assessment or levy in a special sinking fund account, which shall be used for no other purpose than the …

§ 533. Payment and retirement of bonds and interest. Prior to the time of the retirement of the bonds, or any of them, or the time when interest shall become payable thereon, the county government shall make available sufficient funds to cover the retirement of such bonds or the …

§ 534. Cancellation of bonds. The county government may adopt such procedure as it deems proper in cancelling the bonds when paid.45 Del. Laws, c. 123, § 29; 9 Del. C. 1953, § 534; 55 Del. Laws, c. 85, § 4A;

§ 535. Suburban community streets and roads. All roads and streets situated in unincorporated suburban communities throughout the State shall henceforth be constructed or reconstructed in accordance with the requirements of Title 17 and any rules, regulations or standards adopted…

§ 551. Definitions. As used in this subchapter: (1) “Clerk of the peace” means the clerk of the peace of the county in which the suburban community is situated. (2) “County government” means the county governing body; (3) “Suburban community” means any unincorporated community wi…

§ 552. Bonds; power of county government to issue; terms of; faith and credit of county pledged to payment of bonds. (a) In order to carry out the provisions of this subchapter, the county government of any county of this State may issue bonds in an amount or amounts, and under s…

§ 553. Petition to county government for improvements; who may petition; contents. (a) The freeholders of a suburban community owning 50 percent or more of the front footage of property to be protected by the contemplated installation of fire hydrants and necessary water mains ma…

§ 554. Determination by county government after receipt of petition. Within 15 days after receipt by the county government of the petition provided for in § 553 of this title, the county government shall meet and determine whether the community is a suburban community within the …

§ 555. Review and approval of data by county engineer. Immediately after the determination by the county government that the community in question meets the requirements for a suburban community specified in § 551 of this title, the county government shall notify the county engin…

§ 556. Election to authorize bond issue; fixing time for holding; voting list. (a) Upon receipt of approval from the county engineer, as provided for in § 555 of this title, the county government shall fix a date for an election, at which all freeholders of the community may vote…

§ 557. Notice of election; contents of notice. Not less than 12 days prior to the date fixed for the election, the clerk of the peace shall cause to be mailed to each person on the voting list, at the address appearing on the list, a printed notice of the time and place of the el…

§ 558. Place, time and manner of voting; judge of election. The election shall be held in the county government room in the county in which the suburban community is situated, and the polls shall be open from 9:00 a.m. to 6:00 p.m. of the day of the election. The voting shall be …

§ 559. Persons qualified to vote. (a) The voting list theretofore prepared by the clerk of the peace shall be evidence of the right of a person to vote and the number of votes to which each freeholder is entitled, except as hereinafter provided. (b) Any freeholder who has sold hi…

§ 560. Certification of result of election; retention of ballots. Promptly after the holding of the election, the judge of election shall tabulate the ballots and certify the results to the county government under the judge’s hand and seal. The ballots shall be retained in the sa…

§ 561. Notification to county engineer if bond issue authorized. If the certificate of the judge of election reveals that a majority of the votes cast at the election is in favor of the issuance of bonds by the county government to cover the cost of the improvement or improvement…

§ 562. Bonds; issuance of by county government; resolution authorizing issuance and fixing terms of; use of general funds in lieu of issuing bonds. (a) If the vote of the community is in the affirmative, the county government shall promptly meet and by resolution authorize the is…

§ 563. Preparation, form and execution of bonds. The county government shall direct and effect the preparation and printing of the bonds authorized by this subchapter, shall determine whether such bonds shall be registered or bearer with coupons convertible into fully registered …

§ 564. Sale of bonds; proceeds of sale; advertising required. (a) The county government shall negotiate the sale and delivery of the bonds. The proceeds of the sale of the bonds shall be paid into the treasury of the county government to be used for the purposes provided in this …

§ 565. Requirements for bidding on bonds. The county government may require that each bid for the bonds be accompanied by a certified check in the amount of 10 percent of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the county governm…