CHAPTER 81
AN ACT Providing for the Lighting of Streets and Highways within Unincorporated Communities of New Castle County.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. Upon the petition of a majority of the property owners of any unincorporated community or village in New Castle County, filed on or before the First day of June in any year, the Levy Court of said County may enter into a contract with any electric, gas or other lighting companies to light and illuminate, on and after the First day of July next following, the streets and/or highways running through, bounding and within said community or village, with electric light, gas light, or other illuminant. The petition of the said property owners shall set forth the boundary lines of the community to be lighted and shall also set forth the number and capacity of lights required to illuminate the said streets and/or highways. Street lights shall be of 100 candle power electric or its equivalent in other illuminating mediums, and shall be used exclusively except on highways and at dangerous intersections where 400 or 600 candle power electric lights or their equivalent in other illuminating mediums shall be used. Final determination as to the type of light to be used on highways and at dangerous intersections shall rest with the said Levy Court.
Section 2. The said Levy Court, for the purpose of carrying out any such contract so entered into as aforesaid, shall levy for the installation and maintenance of such lights in any such community with respect to which such a contract has been entered into as aforesaid, an annual tax based upon the full annual cost of street and/or highway illumination upon all property within the boundary lines of said community or village, as set forth in the petition provided by Section 1 of this Act, based upon the assessment for County purposes, except that, if the said Levy Court approve installation of lights on highways and at dangerous intersections, the cost thereof in excess of the cost of 100 candle power electric lights or the equivalent in other illuminating mediums shall be paid from the General Fund or Road Fund of said Levy Court of New Castle County, and not from the Light Tax Fund, as hereinafter in this section created. Said excess cost shall be deducted from the total contract price and the difference shall represent the amount to be collected from the property owners as herein provided. Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes. No such taxes shall be levied against farm land.
The County Treasurer of New Castle County shall receive all such taxes collected for such purpose and shall keep the same in a separate account and pay out the same only upon orders signed by the President of the said Levy Court, and approved by the Comptroller of said County. The said officers shall receive no additional compensation for the performance of any duty required of them or any of them under this Act. If, after payment of all contracts entered into as herein provided, there remains a surplus in the Light Account, this surplus shall be applied to reduce the Light Tax Rate for the succeeding taxable year.
Section 3. No further bond shall be required from any Collector or the County Treasurer, for the faithful performance of their or either of their duties under this Act, and the bonds now required by law from such officers shall cover and be deemed to include their and each of their duties and responsibilities under this Act.
Section 4. Lights installed under the provisions of this Act shall be removed by the said Levy Court or at its direction only upon receipt of a petition signed by a majority of the property owners within the bounds of any lighted community or village requesting such removal.
Section 5. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed only to the extent of such inconsistency.
Approved April 13, 1933.