Chapter 47. Garbage Disposal

Published: 2015

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Kent County


Subchapter I. General Provisions

§ 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.;