§ 2320 — Validation of prior acts and proceedings

All proceedings taken and all acts done prior to June 2, 1949, purporting to establish any sanitary district for the purposes set forth in Article 1, Chapter 43, Revised Code of the State of Delaware, 1935, as amended by Chapter 113, Volume 45, Laws of Delaware, by either the County Council of New Castle County or by other officers or agencies of the County, are legalized, validated and confirmed, notwithstanding any error or omission or irregularity in the acts or proceedings, or in any petition submitted to the County Council under such act, or any lack of authority therefor; provided:

(1) The County Council shall have fixed the boundaries of such sanitary district after holding a public hearing at which all interested persons, officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected were afforded an opportunity to be heard on any question dealing with the location of the boundaries of the district, and

(2) Such public hearing shall have been previously advertised by posting notice thereof in 1 or more public places within such district at least 10 days prior to such public hearing and by publishing a copy of such notice in a newspaper published within New Castle County and having a general circulation therein, once in each of the 2 weeks immediately preceding the week in which such public hearing was held, and

(3) A majority of the voters voting at an election held in such district by order of the County Council shall have voted for the establishment of the district.

Legislative History

47 Del. Laws, c. 178, § 2 ; 9 Del. C. 1953, § 2320; 55 Del. Laws, c. 85, § 15 ; 71 Del. Laws, c. 401, § 15