ARTICLE III. - SEWERS WITHIN ONE MILE OF CITY [20]


Sec. 10-61. - Authority to construct or acquire; use of small streams.

The city, acting through the board of directors of the department of public works, be and it is hereby authorized and empowered to build sewer or sewers and to acquire the right to use such sewer or sewers already built outside the limits of said city and within one mile thereof, as the public interests, in their judgment, require. And further, to acquire and take such small streams and watercourses, and the beds thereof, within the distance aforesaid outside the limits of the said city, as the public interests may require; provided, that such small streams or watercourses shall be drained into sewers by it to be constructed, and that the authority for taking any such under the provisions of this article shall not be construed to authorize the taking of any streams or water rights, or the condemnation thereof, where the same are now used by or for the benefit of manufacturing establishments in or near said city, or for producing power therefor; and if the said board of directors shall be unable amicably to agree with the owner or owners thereof, or of the land through which the same shall pass or may need to be constructed, the damages to such land owners or to the owners thereof shall be assessed in the same manner as damages are now assessed where land is condemned for opening, widening or laying out streets in the said city and all sums which shall be agreed upon or assessed as damages in such cases shall be paid out of the funds provided for the purpose of building sewers.

(20 Del. L. ch. 566; 53 Del. L. ch. 12, § 2)

Sec. 10-62. - Authority to borrow money.

The authority for the borrowing of money by the city, for the building of sewers, etc., as set forth in the act entitled "An Act to Authorize `The Mayor and Council of Wilmington,' to Borrow Money for the Curbing, Guttering, Grading, Widening, Paving and Improving of Streets and Avenues and the Building of Sewers and Conduits, in the City of Wilmington, Delaware," approved March 4, 1907, being chapter 180, Volume 24, Laws of Delaware, shall be held to apply to the building of sewers authorized under chapter 566 of Volume 20, Laws of Delaware, entitled "An Act to Authorize `The Mayor and Council of Wilmington', Acting Through the Board of Directors of the Street and Sewer Department, to Take by Condemnation the Right to Build Sewers or Lay Sewer Pipes or to Acquire the Right to Use Such Pipes Already Laid, or to Use Certain Watercourses of Lands Outside of the said City and Within One Mile Thereof" [this article].

(28 Del. L. ch. 114, § 1; 53 Del. L. ch. 12, § 2)

Secs. 10-63—10-70. - Reserved.



FOOTNOTE(S):


(20) Editor's note— Pursuant to the provisions of sections 1-102 and 1-103 of the Charter, the powers formerly exercised by the board of directors of the department of public works under this article are now vested in and exercised by the council. (Back)