Sewers and Sewer Districts

Del. Code tit. 9, ch. 46
in effect

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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 proposed district and facilities are satisfactory and sufficient, and if it shall determine such question in the negative, it may proceed to make a further study. The county government may make such further study and amend and revise the maps and plans and estimate of cost in conformance with its findings. If the revised maps and plans and revised estimate alter the estimated maximum expenditure for the project, alter the boundaries of the proposed district, alter the boundaries of zones of assessment or change the allocation or cost of the facilities as between zones of assessment, the county government shall call a further public hearing thereon in the manner provided in § 4604 of this title. When the county government shall find that the proposed district and facilities are adequate and appropriate, it shall further determine by resolution (1) whether all the property and property owners within the proposed district are benefited directly or indirectly thereby, (2) whether all of the property and the property owners so benefited are included within the limits of the proposed district, (3) whether it is in the public interest to establish the district, and (4) if said maps and plans and reports recommend the establishment of zones of assessment and the allocation of the cost of the facilities as between such zones of assessment, whether such zones of assessment and the allocation of the cost of the facilities thereto represent as nearly as may be the proportionate amount of benefit which the several lots and parcels of land in such zones will derive therefrom. (b) If the county government shall determine that it is in the public interest to establish the district, but shall find that (1) any part or portion of the property or property owners within the proposed district are not benefited directly or indirectly thereby, or (2) that certain property owners benefited directly or indirectly thereby have not been included therein, or (3) if zones of assessment are proposed to be established and the cost of facilities allocated among said zones of assessment, that any part or portion of the property of property owners within a proposed zone of assessment should be placed in a different zone or that a different allocation of the cost should be made as between the zones of assessment, the board shall cause the necessary changes of the boundaries of the proposed district, or the necessary changes of the boundaries of any proposed zone of assessment or the necessary changes as to the allocation of costs, as the case may be, to be made, and the board shall call a further hearing at a definite place and time not less than 10 nor more than 30 days after such determination. Notice of such further hearing shall be published in the manner provided in § 4604 of this title, except that such notice shall also specify the manner in which it is proposed to alter the boundaries of the proposed district, or the boundaries of the zones of assessment or the allocation of the cost of the facilities as between said zones of assessment, as the case may be. If and when the board shall determine in the affirmative all of the questions set forth above, the board may adopt a resolution approving the establishment of the district, as the boundaries shall be finally determined, and the construction of the improvement, and if zones of assessment have been established and an allocation of the costs of the facilities made as between such zones of assessment, further approving the establishment of the initial zones of assessment and the initial allocation of the costs of the facilities as between said zones of assessment. Such resolution shall be subject to referendum upon petition as hereinafter provided.

Del. Code tit. 9, § 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 therein. Such notice shall contain a true copy of the resolution, the date of adoption thereof, and a statement that such resolution is subject to referendum upon petition. (b) Such resolution shall not take effect until 30 days after its adoption; nor unless it is approved by the affirmative vote of a majority of qualified electors of the proposed district, voting thereon, if within 30 days after its adoption there be filed with the county government a petition signed by 10 percent of the electors of the proposed district. (c) Such petition shall state that a referendum is requested on such resolution describing the same by its date of adoption, and shall contain an abstract of the text thereof. The petition may consist of separate sheets and the signatures to each sheet shall be acknowledged by the signer thereof or it may be proved by the oath of a witness who shall swear that such witness knows the signer and that the petition was signed in the presence of the witness. If the petition be sufficient and valid, the county government shall by resolution fix a date not less than 45 days after its adoption by which a proposition as herein provided for is to be submitted to a general or special election. (d) Within 30 days after the adoption of a resolution which is subject to referendum upon petition, the county government may, on its own motion, provide that such resolution be submitted to a vote of the qualified resident electors of the district. Notice of the election shall be advertised in the same manner as provided in § 4604 of this title for advertising a public hearing. The cost of the election shall be borne by the County, which shall be reimbursed for such cost by the district, if established. The proposition for the submission of a resolution of the county government to the approval of the voters pursuant to this chapter, shall contain an abstract of such resolution stating the purpose and effect thereof. The Clerk of the county government shall prepare such abstract with the advice of the Attorney for the county government and shall transmit the proposition, in the form in which it is to be submitted, to the county government who shall submit same at a general or special election in accordance with the provisions of this chapter. Each person or legal entity entitled to vote shall have 1 vote and shall have an additional vote for each $1,000 of total assessed value of real property and buildings thereon owned by such person or legal entity, such valuation to be determined by the records of the Kent County Board of Assessment. The majority of votes cast shall decide the matter. The election shall be managed and the votes canvassed in such manner as may be prescribed by the county government. Every citizen who resides in the proposed sewer district and who would be entitled at the time of the holding of such election to register and vote at a general election, if such general election were held on the day of such election in the proposed sewer district, may vote at such election whether or not the citizen is at the time a registered voter.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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 or the exercise of the right to eminent domain, a sewage system or lands or rights in land in connection therewith; on behalf of a district, acquire by purchase or lease any sewage collection, treatment or disposal facilities owned, maintained or operated by any municipal, public or district corporation, or special district, and such agencies shall have the power to sell or lease such facilities to a county sewer district, notwithstanding that such sewage facilities have already been devoted to and are held for public use; and may, instead of making any cash payment agreed or required to be made to the municipal, public or district corporation or special district, as compensation for such sewage facilities, agree to pay the principal of and interest on outstanding bonds issued by or on behalf of such municipal, public or district corporation or special district, of a principal amount not exceeding any lump sum amount agreed upon as consideration for such purchase or lease, as such principal and interest shall become due and payable; (2) Operate and maintain a sewage system or systems, and furnish the services and facilities rendered or afforded thereby; (3) Enter into and perform contracts, whether long term or short term, with any industrial establishment, municipality, district or agency of the state or federal government for the provision and operation by the county sewer district of a sewage system to abate or reduce the pollution of waters caused by discharges of sewage and industrial wastes by such industrial establishment, municipality, district or agency of the state or federal government; and such contract may provide for the payment periodically by the industrial establishment, municipality, district or agency of the state or federal government to the county sewer district of amounts to compensate the county sewer districts for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewage system or part thereof serving such industrial establishments, municipality, district or agency of the state or federal government; (4) After appropriate notice, require a municipality, public or district corporation or special district which maintains or operates any sewage collection treatment or disposal facilities within the area of a county sewage disposal district, established pursuant to the provisions of this chapter, to connect to and utilize the sewage system and facilities of such county sewage disposal district in order to abate or reduce the pollution of waters caused by discharges of sewage and industrial waste; (5) Accept from any authorized agency of the state or federal government, or from persons, firms or corporations, loans, grants or contribution for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of any sewage system and enter into agreements respecting such loans, grants and contributions; (6) Accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state government or from interstate agencies established by law to accomplish the purposes of this chapter, and may pay the interest and amortization of such loans; (7) Enter into and perform contracts with any person for the sale of effluent products; (8) After a public hearing called and held in a manner provided in § 4604 of this title, adopt, amend, and repeal from time to time ordinances, resolutions, and rules and regulations for the operation of a county sewer district and the use of the sewerage system therein, including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances associated therewith; and (9) Impose a fine of not less than $500 or more than $10,000 for a violation of any ordinance, resolution or rule or regulation, so adopted by the county government relating to operation of a county sewer district and the use of the sewerage system therein, including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances associated therewith.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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 improvement, as stated in the notice of hearing, published pursuant to § 4604 of this title. In preparing the annual estimate of revenues and expenditures for the County on behalf of the district or extension thereof, the county government shall include, in addition to all costs of operation and maintenance for the next succeeding fiscal year, sums sufficient to pay the annual installments of principal and interest on obligations issued on behalf of the district or extension thereof. The county government shall thereupon annually levy a tax, unlimited as to rate or amount, upon the assessable property within the County in the amount of the estimate of expenditures. In making such levy the county government shall take into account the estimates of revenues, as set forth in the estimate so prepared, at a time to be fixed by it, and the amount of any assessments levied on behalf of the County, as hereafter provided and due and payable in the fiscal year for which the estimates are prepared. (b) The county government shall, after a public hearing, establish an annual assessment roll for the county sewer district or extension thereof which shall be known as the “Sewer District Assessment Roll.” The annual assessments may be apportioned, by the county government, against the several lots and parcels of land in the district or extension thereof by 1 or more of the following methods: (1) An assessment on the lots and parcels of land in the district or extension thereof in proportion as nearly as may be to the benefit which each parcel would derive from the improvement; (2) If zones of assessment have been established and an allocation of the total estimated cost of the facilities has been made to the zones, the amount of the cost of the facilities so allocated to any such zone of assessment may be apportioned by an ad valorem assessment levied on all the lots and parcels of land within such zone; (3) If zones of assessment have been established, as provided above, by assessment on the lots and parcels of land within such zone in proportion as nearly as may be to the benefit which each parcel will derive from the improvement. (c) Notice of the public hearing shall state that the assessment roll has been completed and filed, and the time and place fixed for the public hearing. Notice of such public hearing shall be published in a newspaper, published within Kent County, and having a general circulation therein at least once, not less than 7 days immediately preceding the date of the public hearing. At the time and place specified, the county government shall meet and hear and consider any objections to the assessment roll, and may change or amend the same as it deems necessary or just, may affirm and adopt the same as originally proposed or as amended or changed, or the county government may prepare a new roll. No amended, changed, or new roll shall be adopted, unless the county government shall hold another hearing thereon, in the manner and upon the notice prescribed for the original hearing. The annual assessment shall be levied and collected at the same time as taxes levied for general county purposes. The County Treasurer shall keep a separate account of such moneys, and they shall be used only for the purpose of the district or extension thereof for which collected. The properties against which such assessments are levied, shall be liable for the payment of the assessments in the same manner as they are liable for other county taxes.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 4625 Exception to limitation on borrowing power.

Section 4111 of this title shall not apply to this chapter.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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

Del. Code tit. 9, § 4630 Effective date of bond resolution.

Each bond resolution shall take effect immediately after passage.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.

Del. Code tit. 9, § 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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title9/c046/index.htmlFetched: 10/4/2026