Delaware § 2101 - Lighting streets and highways in unincorporated communities and villages; petition.

§ 2101. Lighting streets and highways in unincorporated communities and villages; petition.

(a) Upon the petition of a majority of the property owners of any unincorporated community or village in New Castle County, the County Council may enter into a contract with any electric, gas or other lighting companies to light and illuminate the streets or highways running through, bounding and within the community or village, with electric light, gas light, or other illuminant. The petition of the property owners shall set forth the boundary lines of the community to be lighted. Street lights shall be of such candle power, electric or its equivalent in other illuminating mediums, as shall be determined by the County Council. The County Council may enter into contracts for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.

(b) For purposes of this chapter, the term “property owner” shall mean a person or entity who owns a fee simple interest in land situated in any unincorporated community or village in New Castle County entitling the owner to sign a petition filed pursuant to subsection (a) of this section and cast 1 vote in favor of or against illuminating streets or highways covered by such petition. In the event that a property is owned by more than 1 person or entity, either as joint tenants with right of survivorship, tenants in common or tenants by the entirety, each such party shall be entitled to cast a proportional vote equal to such party’s proportional interest in and to the jointly-held property, as set forth in the deed of conveyance or other evidence of ownership. If the deed or other evidence of ownership does not set forth each owner’s proportionate interest, each owner’s interest shall be presumed to be equal for purposes hereof. It is the intent of this section that each property shall have no more than 1 vote, and each property owner shall have a vote equal to such property owner’s proportional interest in such property.

38 Del. Laws, c. 81, §  1;  Code 1935, §  1180;  48 Del. Laws, c. 77, §  1;  9 Del. C. 1953, §  2101;  55 Del. Laws, c. 85, §  13A;  68 Del. Laws, c. 238, §  1;  68 Del. Laws, c. 435, §  1;  71 Del. Laws, c. 401, §  15;