CHAPTER 7
FORMERLY
SENATE BILL NO. 17
AN ACT AMENDING THE FISCAL YEAR 2003 BOND AND CAPITAL IMPROVEMENTS ACT AND AMENDING THE LAWS OF DELAWARE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each house thereof concurring therein):
Section 1. Amend 73 Del. Laws, c. 350, Section 27 by deleting the number “500,000” as it appears therein and inserting in lieu thereof the number “1,000,000”. Further amend 73 Del. Laws, c. 350, Section 27 by deleting the number “25,000” as it appears therein and inserting in lieu thereof the number “50,000”.
Section 2. Amend 73 Del. Laws, c. 350 by adding a new subsection Section 114 to read as follows:
“Section 114. Resource, Conservation and Development. The Section 1 Addendum to this Act appropriates $4,500,000 to Resource, Conservation and Development. This appropriation shall be used to complete the list of prioritized projects as approved by the Joint Legislative Committee on the Capital Improvement Program in prior fiscal years. Additionally, the Joint Legislative Committee on the Capital Improvement Program hereby approves the Fiscal Year 2003 prioritized list. Such list may be funded from prior-year transfers per Section 21 of this Act or other funds available as designated by respective Legislators from the Community Transportation Fund or other funds available to supplement Resource, Conservation and Development appropriations.”
Section 3. Amend 73 Del. Laws, c. 350 by adding a new subsection Section 115 to read as follows:
“Section 115. University of Delaware. It is the intent of the General Assembly that funds in the amount of $2,000,000 previously appropriated to the Delaware Economic Development Office for the Delaware Biotechnology Institute and currently held in accounts DBI-DEDO 0001 Life Sciences Fund and DBI-DEDO 0102 Life Sciences Fund at the University of Delaware be used for the renovation project at Wolfe Hall. The University of Delaware has agreed to and will repay these funds to the Delaware Biotechnology Institute from University funds with $1,000,000 to be received on or before June 30, 2006 and the second repayment of $1,000,000 on or before June 30, 2007.”
Section 4. Amend 73 Del. Laws, c. 350 by adding a new subsection Section 116 to read as follows:
“Section 116.
New Castle County DMV Repairs. Of the funds that remain in Administrative Services, Facilities Management, Fiscal Year 2002 appropriation (30-05-10-7225) for the Stevenson House, up to $500,000 may be used to renovate the old New Castle County Department of Motor Vehicle Inspection Lanes located at 161 Old Airport Road in New Castle.”
Section 5. Amend 73 Del. Laws, c. 350 by adding a new subsection Section 117 to read as follows:
“Section 117. McMullen Farm and City of Wilmington Property, Governor Printz Boulevard.
The General
Assembly finds that it is in the State’s best interest for the Department of Transportation (“DelDOT”) to enter into certain agreements in order to promote the prompt and efficient development of the McMullen Farm (“Farm”), located adjacent to State Routes 1, 7, and U.S. Route 40, and the former Delaware Oldsmobile property (“Oldsmobile”), now owned by the City of Wilmington, on Governor Printz Boulevard, for use by the Bank One Corporation and other potential employers, and to promote the planning and securing of community open space and parkland. Accordingly, DelDOT is authorized and directed to:
• Acquire from Bank One sufficient right-of-way at the southern end of the Farm in order to construct new access to the development owned by the Delle Donne Corporation and located south of the Farm and north of Route 40;
• Immediately commence:
o the widening of State Route 7, from U.S. Route 40 to Newtown Road, pursuant to previously approved plans;
o the improvement of the intersection of State Route 7 and U.S. Route 40, pursuant to previously approved plans;
o the planning and design for the widening of State Route 7, from Newtown Road north to State Route 273,
all from such funds as may already have been appropriated for the proposed improvements to the highway infrastructure serving the Farm;
• Cease all further work on the design or construction of proposed new ramps from State Route 1 to the Farm;
• Enter into joint development agreements with the Delaware Economic Development Office, Department of Natural Resources and Environmental Control, New Castle County, and such other public or private entities as may be appropriate for the planning and securing of community open space and parkland on the 50 +/- acres to be acquired by the state from Bank One at the Farm site, and to be deeded to the Department of Natural Resources and Environmental Control;
• Enter into joint development agreements with Bank One, and such other private or public entities as may be appropriate for the construction, shared use, and maintenance of storm water retention and dispersion structures on or adjacent to the Farm site;
• Enter into such agreements with the City of Wilmington, Bank One, and other public or private entities to expedite the documentation, removal, storage, and restoration of the historic tiles currently on the exterior of the former Oldsmobile building on Governor Printz Boulevard;
DelDOT shall pursue these agreements on the conditions that:
• At its February 12, 2003 meeting (or such subsequent meeting as may be mutually agreeable to Bank One and New Castle County), the New Castle County Historic Review Board recommends to the New Castle County Land Use Department (“Land Use”) that Land Use issue a demolition permit for the former Oldsmobile building;
• Bank One donates at no cost to the state of Delaware sufficient right-of-way along the west side of the Farm, adjoining State Route 7, to construct the widened highway, storm water structures, and such other improvements as may be necessary to complete in a timely manner the transportation infrastructure necessary to support further development of the Farm;
• Bank One shares any Excess Net Proceeds from the sale of its property at the Farm with the State of Delaware. For purposes of this provision, the term “Excess Net Proceeds” shall be deemed to be those proceeds, net of all closing costs, received by Bank One, minus its adjusted cost basis in the Farm, after adjusting from the basis, the use by Bank One of a portion of the Farm for one of its data centers. Any such Excess Net Proceeds shall be divided equally by Bank One and the Delaware Economic Development Office and shall be deposited in the Delaware Strategic Fund.
The agreements authorized by this section shall be submitted to the Co-Chairs of the Joint Committee on Capital Improvements Program for their approval. The Secretary of DelDOT and the Director of the Delaware Economic Development Office shall report to the Governor and the General Assembly no later than January 15, 2004 on the progress of public and private developments on both parcels, and by January 31 of each succeeding year until all transportation and other improvements undertaken have been successfully completed.”
Section 6. Amend 70 Del. Laws, c. 210, Section 41 by adding after the words “Co-Chairs of the Joint Legislative Committee on Capital Improvement Programs” the words “(or another Committee member as their designee)”.
Approved February 21, 2003