Chapter 47

§ 4701 Acquisition of land; construction and operation of incineration plant; definitions. (a) The county government may acquire land or any interest therein at any place within the County that it deems advisable and may construct and operate upon the land so acquired an incineration or garbage disposal plant or plants. The county government may enter into contracts and agreements with persons, firms or corporations relative to the purchase of the land and to the building, constructing and equipping of an incineration or garbage disposal plant or plants and may require from such persons, firms or corporations proper security for the faithful performance of the work to be done. The county government may engage the services of competent architects and engineers in connection with the construction of the plant or plants and shall award any contract to the lowest responsible bidder with the right to reject any and all bids. (b) The words “garbage disposal plant or plants” wherever used in this chapter include incineration, sanitary landfill, garbage grinding plants, composting for disposal of garbage, or any other means of garbage disposal which shall conform with reasonable standards of sanitary engineering. 9 Del. C. 1953, §  4701; 56 Del. Laws, c. 103, §  14 ; § 4702 Acquisition of land by purchase. The county government may acquire the land, or interest therein, by purchase, but not by exercise of the right of eminent domain. 9 Del. C. 1953, §  4702; 56 Del. Laws, c. 103, §  13 ; § 4703 Powers of county government as to operation of plant; regulations and charges for service. (a) The county government may enter into contracts, leases or agreements of any nature pertaining to the operation of the incineration and garbage disposal plant or plants, including the right to sell such portion of land acquired as may not be necessary to use. The power to contract shall include the power to contract with any governmental agency of any sort whatsoever and to receive grants in aid from any such agency or any other person or organization. (b) The county government may adopt regulations and establish fees and charges for the services rendered by the said incineration and garbage disposal plant or plants. 9 Del. C. 1953, §  4703; 56 Del. Laws, c. 103, §  14 ; § 4704 Power to borrow money and issue bonds. The county government may borrow money upon the faith and credit of the County as provided in this chapter for the purpose of acquiring land and property for the establishment of an incineration and garbage disposal plant or plants and for the construction of such a plant or plants in the County and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such rate of interest, not exceeding 3 percent per annum, and in such form as the county government shall deem expedient. The interest upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof. 9 Del. C. 1953, §  4704; 56 Del. Laws, c. 103, §  14 ; § 4705 Terms of bonds. The county government shall decide upon and determine the form and time or times of maturity of the bonds provided that no bond shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the county government be made redeemable at such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the county government prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this chapter, as the county government may deem expedient. 9 Del. C. 1953, §  4705; 56 Del. Laws, c. 103, §  14 ; § 4706 Execution and record of bonds. The bonds shall be prepared under the supervision of the county government and shall be signed by the Receiver of Taxes and County Treasurer, the President of the county government and the clerk of the peace of Kent County, and shall be under the seal used by the county government. Such officers shall execute the bonds when directed by the county government to do so. The Receiver of Taxes and County Treasurer and the county government shall keep a record of the bonds. 9 Del. C. 1953, §  4706; 56 Del. Laws, c. 103, §  14 ; § 4707 Sale of bonds. The bonds or any part thereof may be sold when and as the county government by resolution determines and until sold shall remain in custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the county government it is deemed advisable that any part or all of the bonds shall be sold, the county government may sell and dispose of the same at public sale after having advertised the same in the public press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid to any members of the county government for effecting the sale or negotiation of such bonds. 9 Del. C. 1953, §  4707; 56 Del. Laws, c. 103, §  14 ; § 4708 Principal and interest payments; taxes. (a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated by Kent County. (b) The county government in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Receiver of Taxes and County Treasurer be set apart by him or her in a separate account to be opened for that purpose; and the Receiver of Taxes and County Treasurer shall apply the said sum annually to the payments of such part of said loan and interest thereon as may from time to time become due under the provisions of this chapter. 9 Del. C. 1953, §  4708; 56 Del. Laws, c. 103, §  14 ; 63 Del. Laws, c. 142, §  22 ; 70 Del. Laws, c. 186, §  1 ; § 4709 Deposit and use of proceeds of sale of bonds. All money received from the sale of any or all of such bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited by the Receiver of Taxes and County Treasurer in a state or national bank designated by Kent County, to the credit of the county government in a separate account, and payments thereof shall be made in the same manner as other payments by the county government. No part of the money thus obtained, except as in this section provided, shall be used for any other purposes than those stated in this chapter, and the purchasers or holders of the bonds shall not be bound to see to or be affected by the application of the money realized from the sale of the bonds. 9 Del. C. 1953, §  4709; 56 Del. Laws, c. 103, §  14 ; 63 Del. Laws, c. 142, §  23 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4720 Definitions. As used in this subchapter: (1) “Garbage” means residential garbage and trash to the exclusion of commercial and industrial refuse. (2) “Garbage collection district” means an area in Kent County outside of the limits of any incorporated municipality, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical garbage collection pursuant to the procedures of this subchapter. (3) “Garbage collection unit” means each improved parcel of real estate located within the boundaries of a garbage collection district and either used or intended for residential purposes. 9 Del. C. 1953, §  4720; 58 Del. Laws, c. 221. ; § 4721 Petition to establish garbage collection district. Twenty-five real property owners of any area in Kent County contained within ascertainable boundaries and lying outside the limits of any incorporated municipality may petition the Kent County government to declare the area a garbage collection district. The petition shall set forth the boundary lines of the proposed garbage collection district and shall be filed on or before the first Tuesday in any month in any year with the clerk of the peace of Kent County. 9 Del. C. 1953, §  4721; 58 Del. Laws, c. 221. ; § 4722 Public hearing. Upon receipt of the petition, the county government shall hold a public hearing, notice of which shall be published at least once in a newspaper published within the County. Said notice shall be published not more than 21 and at least 10 days before the public hearing and shall contain a description of the boundaries of the proposed garbage collection district and a statement that the county government will hold a hearing to consider whether or not to create the proposed disposal district. The notice shall also state that in the event the county government decides to create the proposed garbage disposal district, the county government will contract for garbage collection and assess the unit costs of garbage collection against each unit of real property used or intended for residential purposes within the garbage collection district. 9 Del. C. 1953, §  4722; 58 Del. Laws, c. 221 ; 71 Del. Laws, c. 255, §  1 ; § 4723 Creation of garbage collection district. If the county government determines, after a public hearing, that it is in the public interest to create the proposed garbage collection district, it shall pass a resolution to that effect. 9 Del. C. 1953, §  4723; 58 Del. Laws, c. 221. ; § 4724 Contracts for garbage collection authorized. The county government may enter into a contract with any private or public garbage collector to collect the garbage of each garbage collection unit located within the garbage collection district. The mere creation of a garbage collection district pursuant to § 4723 of this title shall not obligate the county government to enter into a contract hereunder if in its opinion the bids received pursuant to § 4725 of this title are too costly. 9 Del. C. 1953, §  4724; 58 Del. Laws, c. 221. ; § 4725 Award of contracts. No contract for garbage collection shall be awarded unless the county government shall publicly invite sealed bids by at least 14 days’ notice in a newspaper published within the County. Bids so obtained shall be publicly opened and awarded to the lowest responsible bidder except that the county government may reject any or all bids. The county government may in its specifications include reasonable qualifications for bidders in respect to equipment. The county government may provide for contracts in excess of 1 year and may impose such provisions, conditions and limitations as deemed desirable, including requirements that no 1 bidder may serve the entire county. 9 Del. C. 1953, §  4725; 58 Del. Laws, c. 221 ; 60 Del. Laws, c. 329, §  3 ; § 4726 Levy and collection of garbage collection tax. (a) In order to pay the annual costs for any garbage collection contract entered into pursuant to § 4724 of this title, the county government shall divide the annual contract cost, plus a pro rata administrative cost as determined by the county government, by the number of garbage collection units within the garbage collection district to arrive at the annual unit cost. The annual unit cost shall then be assessed against each garbage collection unit located within the boundaries of the garbage collection district. No parcel of real estate shall be exempt from paying its annual unit cost because it is uninhabited so long as it is improved and intended for residential use. No parcel of real estate so improved and intended for residential use shall be exempt from paying its annual unit cost because its owner chooses not to use the garbage collection service. (b) The annual unit cost assessed against each garbage collection unit shall be levied and collected by the Board of Assessment, county government and Receiver of Taxes and County Treasurer at the same time and in the same manner as other county taxes and shall be a lien on real property the same as other county taxes. The tax shall be included on the county tax bills under the heading “garbage collection tax.” 9 Del. C. 1953, §  4726; 58 Del. Laws, c. 221 ; 59 Del. Laws, c. 198, §  1 ; § 4727 Administration of funds. All amounts collected pursuant to this subchapter shall be paid into the general fund of Kent County and all payments for garbage collection shall be paid out of the general fund of Kent County. Should Kent County fail in any 1 year to collect all of the taxes in the garbage collection district necessary to pay the contract price for garbage collection in any year, the county government may pay the deficit out of the general fund pending enforcement of the tax lien. The county government may make payments out of the general fund in anticipation of collection of the garbage collection tax. 9 Del. C. 1953, §  4727; 58 Del. Laws, c. 221. ; § 4728 Annual rebidding on contracts [Repealed]. Repealed by 60 Del. Laws, c. 329, § 1, eff. Mar. 26, 1976. § 4729 Continuation and termination of contracts; consolidation of garbage collection districts. Once a garbage collection district has been formed and garbage collection undertaken pursuant to this subchapter, the county government may, without further public hearings, enter into new contracts for garbage collection. However, the county government may determine not to continue garbage collection for any garbage collection district at the expiration of any contract entered into pursuant to this subchapter. The county government may, without further public hearings, consolidate 2 or more garbage collection districts into a single district. 9 Del. C. 1953, §  4729; 58 Del. Laws, c. 221 ; 59 Del. Laws, c. 198, §  2 ; 60 Del. Laws, c. 329, §  2 ; § 4730 Annual budgeting. (a) The annual amounts required for garbage collection contracts entered into pursuant to the provisions of this subchapter shall be included in the annual budget request of the office of County Engineer under separate headings for each garbage collection district. After levying the garbage collection tax, the county government shall deliver a separate tax collection warrant together with a list of taxables for each garbage collection district to the Receiver of Taxes and County Treasurer commanding him or her to collect from the persons named in the said list their garbage collection tax and its amount. (b) Should a garbage collection district be formed and a garbage collection contract awarded after the commencement of any fiscal year, the county government shall include in the next annual budget an amount sufficient to reimburse the general fund for the expenditure during the last fiscal year as well as an amount sufficient to pay the contract cost for the coming fiscal year. Any contract awarded after the commencement of a fiscal year shall expire at the beginning of the next fiscal year. 9 Del. C. 1953, §  4730; 58 Del. Laws, c. 221 ; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }