Delaware § 2302 - Establishment or revision of sanitary sewer districts without election; consolidation of districts.

§ 2302. Establishment or revision of sanitary sewer districts without election; consolidation of districts.

(a) Where the County Council has already constructed sewers to which 50 or more houses have been connected, the County Council may establish, upon request of the Department of Public Works, a new district or revise the boundaries of an established district without further petitions or hearings by posting at 4 public places in the district notices describing the new or revised boundaries, and, in the case of the establishment of a new district, the same cost and assessment data required for districts established by vote of electors.

(b) Within 30 days after the posting of the notices of the establishment of the district in accordance with the provisions of subsection (a) of this section, the County Council shall pass a formal resolution establishing the district, which shall:

(1) Contain a description of the boundaries of the district;

(2) Direct the Department of Public Works and the attorney of the County Council to procure the necessary land and rights-of-way by purchase, agreement, or condemnation in accordance with existing statutes; and

(3) Authorize the Department of Public Works to prepare maps, plans, specifications, and estimates, let contracts for and supervise the construction and maintenance of, or enlarging and remodeling of, any or all structures required to provide for the safe disposal of the sewage in the sanitary district.

(c) The County Council may consolidate any existing sanitary sewer districts or establish a countywide district following a public hearing. The hearing shall be at such time as may be fixed by the County Council and advertised at least 2 weeks in advance by publishing a notice in a newspaper within the county having a general circulation, once in each of the 2 weeks immediately preceding the week in which the hearing is to be held. All interested persons in any way affected by the proposed consolidation shall be heard. After the public hearing is closed, the County Council shall, by ordinance, determine whether or not it is in the public interest to establish the consolidated district. The ordinance shall specify the boundaries of the consolidated district. The County Council may change or amend the rate of levy as it deems necessary and just.

Code 1935, §  1170B;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2302;  55 Del. Laws, c. 85, §  15;  61 Del. Laws, c. 331, §§  1, 2;  71 Del. Laws, c. 401, §  15;