OF THE CITY OF WILMINGTON. CHAPTER 208. OF CITY AUDITOR. AN ACT to amend Sec. 11, Chapter 188, Vol. 18 of the Laws of Delaware. [Printed as directed in the foregoing Chapter 207.] Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch herein concurring): Chapter 188, SECTION I. That Section II of Chapter 188 of Volume 18 Section 11, of the Laws of Delaware be and the same is hereby amended Volume 18, by adding to the end of said Section 11 the words following, amended. to wit: It shall be the duty of the City Auditor, during the first Duty of City week of every month, to examine and audit the accounts of Auditor. the said Street and Sewer Department for the month last preceding; and he shall make duplicate certificates, showing the result of such examination and audit, one of which he shall deliver to the said Board of Directors of the Street and Sewer Department and the other shall be by him transmitted to "The Council." CHAPTER 209. OF SEWERS. AN ACT pertaining to a System of Sewers for the City of Wilmington. Whereas it is apparent that the city of Wilmington stands Preamble. in great need of a thorough system of sewers that will be extended over the entire city, providing not only for the present but for the future. Whereas a proper regard for the health of the inhabitants of the city, as well as their property and business interests, require that this work be speedily undertaken. Street and partment sewers. OF THE CITY OF WILMINGTON. Whereas a plan of a well-defined system has been prepared under the direction of the Board of Directors of the Street and Sewer Department, and an approximate estimate of the cost of building the same has been duly made; now therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (twothirds of each branch thereof herein concurring): SECTION I. That the Mayor and Council of Wilmington, through the agency of the Board of Directors of the Street to construct and Sewer Department of the city of Wilmington, is hereby authorized and empowered to construct such sewers in accordance with any plan now or that may hereafter from time to time be adopted, as may seem to them necessary to meet with the requirements of the city, and the cost of constructing such sewers shall be met in the following manner. Manner of paying cost of sewers. ment of cost. SECTION 2. The said Board of Directors of the Street and Sewer Department, from the approximate estimate of the whole cost of constructing any sewer in accordance with any plan now or that may hereafter from time to time be adopted, shall apportion the said cost to each lineal foot of sewer to be built in accordance with the aforesaid system, said cost Apportion to be apportioned alike upon each and every size of sewer, be it a lateral or trunk sewer; two-fifths of said cost per lineal foot shall be paid for by the aforesaid board of directors out of their annual appropriation for streets and sewers, the remaining three-fifths of the said cost per lineal foot shall be paid for by the abutting property upon the streets or highways in which said sewers are constructed at the time of completing each sewer, and the aforesaid property shall be assessed for said costs per lineal foot as follows. how made. Assessments SECTION 3. All assessments shall be made upon the properties abutting upon that portion of any street or highway, lane, or alley, in which any public sewer may be constructed under this provision, at the rate of fifty cents for each front foot of such property upon such street, highway, lane, or alley, and one cent for each square foot of such property between such street, highway, lane, or alley, and a line not exceeding one hundred and fifty feet distant from and parallel with the line of such street, highway, lane of alley; provided, however, that where any property is situated between two streets or highways, the area upon which said Proviso. OF THE CITY OF WILMINGTON. proviso. assessment of one cent per square foot is made shall not extend to more than one-half the distance between such streets or highways; and provided also, that when any prop- Further erty is situated at the corner of two streets or highways, or otherwise so situated as to be assessed for the expenses of building a sewer on one of such streets or highways, that portion of such property assessed for a sewer in one of such streets or highways shall not be liable to be assessed upon its area for the cost of constructing a sewer in the other of such streets or highways, but only for one-half of its side frontage upon such streets or highways; provided, however, that said side frontage is one hundred and fifty feet, or less; and Proviso. provided also, that no property or portion of property shall be assessed for the construction of any sewer, unless such property or some portion thereof shall abut and be bounded upon the street on which said sewer shall have been constructed, or unless such property or a portion thereof has a right of access to said street or highway by a private alley, or desires to use said sewer before a sewer is constructed upon the street or highway upon which said property abuts, in which case the said property shall be liable for the same assessment as though the sewer was constructed in the streets or highways upon which said property abuts, and the said property shall not be liable for any further assessment for sewer purposes. owners of sessed for sewer. SECTION 4. When any such assessment shall be made Rights of upon any land for the expense of constructing any such lands as sewer, the owner so assessed shall have the right to connect such land with such sewer, under and subject to such rules. and regulations as the Board of Directors of the Street and Sewer Department shall from time to time prescribe, upon executing to said board a release of all damages which may at any time happen to such property in any way resulting from such connection. SECTION 5. of cost of assessed. All assessments made under authority of this Assessment act shall be a lien upon the property upon which they are sewers a lien made from the date upon which they are certified by the on property Board of Directors of the Street and Sewer Department to the clerk of said board for collection, and such lien shall have priority against any lien, incumbrance or conveyance made or suffered by the owner or owners of such property after the date of the certifying of such assessment as aforesaid. And When asany such assessment shall be due and payable upon the date falls due. sessment Discount. year to pay property. OF THE CITY OF WILMINGTON. of the certifying as aforesaid, and if paid within thirty days after the date of the presentation of the bill of such assessment a discount of five per cent. will be allowed on the face of the bill so presented; upon all assessments not paid within thirty days after the date of the presentation of the bill, as aforesaid, interest, at the rate of six per centum per annum, may be charged from the date of the certifying of such assessFailure for a ment as aforesaid until the same is paid in full. If, however, assessment. any such assessment or part of such assessment shall remain unpaid at the end of one year after the date of the certifying as aforesaid, it shall be the duty of the Mayor of the city to issue his warrant, directed to the said Board of Directors of the Street and Sewer Department, commanding them to levy Levying on the same with the interest thereon accrued, and all costs thereon, upon the grounds or buildings of such owner abutting on any such streets or highways aforesaid, which such grounds or buildings or any part thereof shall be sold by the said board at public auction after ten days' notice in two newspapers published in said city, and a deed from the Mayor and Council of Wilmington shall convey to the purchaser of such grounds or buildings as full and complete a title to said premises, in fee simple or otherwise, as if the same were exeApplication cuted by said owner thereof. And it shall be the duty of of money. said board of directors, out of the purchase money of the said premises so sold as aforesaid, to pay all costs arising from said process and sale to the parties entitled thereto respectively and to retain the amount of such assessment with accrued interest thereon as aforesaid. The residue of said purchase money shall be immediately deposited by the said board of directors in the Security Trust and Safe Deposit Company of Wilmington, Delaware, to the credit of the owner of the property so sold. Sale. Notice of sale. Abutting property, SECTION 6. That properties abutting upon a street or how assessed highway, lane, or alley wherein a public sewer has been constructed previous to the passage of this act, shall pay to the said Board of Directors of the Street and Sewer Department the same amount for sewer benefits as is herein provided for. Provided, however, that no assessment shall be made upon such property until a permit is granted by the said board for the said property to make connection with said sewer, whereupon the whole assessment shall be due and payable before any such connection is made. Proviso. SECTION 7. The Board of Directors of the Street and OF THE CITY OF WILMINGTON. regulations board. Sewer Department are hereby authorized and empowered to Rules and pass and adopt such rules and regulations as the said board to be may see proper for regulating, controling and prescribing adopted by the manner in which any sewer or drain constructed by order of or in charge of said board shall be used, and the manner in which connections therewith, or with any private sewer now existing or hereafter to be constructed in any public street, lane, or alley in the city, any house, building, yard or other place, shall be made, and for the keeping of the same in proper repair, and shall prescribe certain fines and penalties for the non-observance of such rules and regulations, said fines to be collected in the same manner that other fines for offences against the ordinances of the city are now or may hereafter be collected. acts repealed SECTION 8. That all acts or parts of acts inconsistent Inconsistent with this act are hereby repealed. Passed at Dover, April 29, 1891. CHAPTER 210. OF THE BOARD OF PUBLIC EDUCATION. AN ACT to amend an act entitled "An act to Revise and Consolidate the Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch thereof concurring): Volume 17, SECTION I. That Chapter 207, Volume 17 of the Laws of Chapter 207, Delaware, shall be and the same is hereby amended by strik- amended. ing out all of Section 140 thereof and inserting in lieu thereof the following: Education, "SECTION 140. The Board of Public Education of Wil- Board of mington shall hereafter consist of two members from each of who the wards of the city of Wilmington. Said members must constitute. have been bona fide freeholders in the said city for at least one month before the election, qualified voters in the ward for which they are chosen, and shall be chosen by ballot How chosen |
