CHAPTER 128
AN ACT MAKING AN APPROPRIATION TO THE UNIVERSITY OF DELAWARE FOR CERTAIN CAPITAL IMPROVEMENTS, AND AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY AND ISSUE BONDS AND NOTES THEREFOR, IN THE AMOUNT OF FOUR MILLION SIX HUNDRED THREE THOUSAND DOLLARS ($4,603,000).
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. Within the appropriation under Section 2 of this Act, the Board of Trustees of the University of Delaware is hereby authorized and empowered to plan, construct and equip on the campus of the University of Delaware at Newark, Delaware, an Open-Stack Library and to renovate the present Memorial Library and convert it into a classroom and office building and to repair and refurnish certain existing buildings including the necessary construction and purchase of utility and service areas and ways, furniture, fixtures and other necessary equipment and facilities, as said Board of Trustees shall determine to be necessary or advisable to meet the reasonable needs of the University.
Section 2. There is hereby appropriated to the University of Delaware the sum of $4,603,000, or so much thereof as may be necessary, to be expended by the Board of Trustees of the University of Delaware for the purposes set forth in Section 1 of this Act. The moneys so appropriated shall be paid by the State Treasurer out of the proceeds of the issue and sale of the bonds and notes hereinafter authorized by this Act. Said moneys shall be made available beginning in the fiscal year commencing July 1, 1961, and thereafter, as the progress of said project or work shall require. No portion of the moneys hereby appropriated shall revert at the end of any fiscal year, but the said appropriation shall remain available until the purposes set forth in this Act have been fully accomplished.
Section 3. The Governor, the State Treasurer and the Secretary of State of the State of Delaware, hereinafter sometimes referred to as the Issuing Officers, are hereby authorized, empowered and directed to borrow upon the faith and credit of the State of Delaware a sum of money not in excess of $4,603,000 which shall be used for the purposes set forth in this Act.
The Issuing Officers are hereby authorized and fully empowered to sell, execute and deliver bonds in conformity with the provisions of this Act to an amount not to exceed the sum of $4,603,000. The bonds shall be issued in such series and amounts as the Issuing Officers shall determine.
Section 4. In anticipation of the issuance of bonds, the Issuing Officers may issue and sell notes of the State of Delaware at either public or private sale for not less than par and accrued interest. Said notes shall bear interest at a rate not exceeding 4 percent per annum. They may be renewed from time to time by the issuance and sale of new notes, but all such notes shall mature and be paid not later than June 30, 1962. The total amount of said notes outstanding at any one time, together with the total amount of said bonds theretofore issued, shall not exceed $4,603,000.
Said notes may be redeemed at par and accrued interest prior to their maturity, if the right of the State to do so shall have been reserved by an express provision in the notes. The principal of said notes shall be paid out of the proceeds of the sale of said bonds or notes.
Section 5. The bonds and notes issued in accordance with the provisions of this Act shall be direct general obligations of the State, and the public faith and credit of the State of Delaware are hereby expressly pledged for the full and complete payment of the debt, principal and interest by this Act authorized, of the bonds and notes hereby authorized to be issued and the coupons thereto attached, and the said bonds and notes shall be exempt from taxation by the State or any political subdivisions thereof for any purpose.
Section 6. The said bonds and notes shall recite that they are issued for the purposes set forth in this Act, that they are issued in pursuance of this Act and Constitution of this State, and upon the sale and delivery of any such bond or note, such recitals shall be conclusive upon the State of Delaware and all and every other person whatsoever of the right, power and authority for the issuance of said bonds or notes and the legality and validity of such bonds or notes and of the principal debt and interest represented thereby, and the legality and validity of such bonds or notes thereafter shall never be questioned in any court of law or equity by the State of Delaware or any person or persons for its use or in its behalf, and this provision shall be and become part of the contract and obligation represented by any such bonds or notes.
Section 7. The bonds issued under the authority of this Act shall be in denominations of $1,000, or multiple thereof, as shall be decided by the Issuing Officers, or the majority of them, with coupons thereto attached for each half year's interest thereon. The said bonds shall be numbered consecutively, and shall bear such dates as the Issuing Officers shall fix and shall bear interest at such rate as shall be determined by the bid accepted by the Issuing Officers, which interest shall be payable semi-annually in each year that such bonds remain unpaid, at the Farmers Bank of the State of Delaware, at Dover, upon presentation of a coupon representing such semiannual interest.
Said bonds shall be in such form and may contain such other and further recital and be subject to such terms and conditions, with such privileges as to registration, conversion, reconversion, redemption and exchange, and may contain such other provisions as may be determined by said Issuing Officers.
The said bonds shall mature as the Issuing Officers may determine; provided, however, that the principal amount of said bonds, or any series thereof shall be made to mature fully within 20 years from the date of issue thereof.
The said bonds shall be executed on behalf of the State of Delaware by the Governor, the Secretary of State and the State Treasurer and shall have the impression of the Great Seal of the State thereon or shall have a facsimile of the Great Seal of the State thereon. The signatures of the Governor and the Secretary of State may be engraved or printed on such bonds, but the signature of the State Treasurer shall be in his own proper handwriting.
Attached interest coupons shall bear the signature of the State Treasurer which may be engraved, printed or written on such coupons. The coupons attached to each bond shall bear the same number as the bond to which they are attached.
The said bonds, with the coupons attached, may be issued notwithstanding that any of the officers executing them in the manner herein provided shall have ceased to hold office at the time of such issue or at the time of the delivery of said bonds.
Section 8. For the purpose of designation and identification any bond issued under the authority of this Act shall be known and styled "University of Delaware Capital Improvement Bond of 1961".
Section 9. The said bonds, as well as the interest coupons thereto attached, shall be issued in such form or forms as the Issuing Officers may adopt.
It shall be the duty of the State Treasurer to provide a record of the proper size and form to be retained in his office, in which he shall keep a record of all bonds which shall be paid and redeemed according to the number thereof, and in addition thereto he shall cause any such bond to be cancelled by making lines with red ink through the signatures of the Governor, Secretary of State and State Treasurer or his Deputy and also by writing across the face thereof in red ink the following:
This bond paid and redeemed this ________ day of _______ A. D. 19 ___ .
_______________________
State Treasurer
As the said coupons are paid, it shall be the duty of the State Treasurer to mark the same in red ink across the face "Paid". All bonds paid and redeemed, as well as all coupons paid and cancelled as aforesaid, shall be safely kept by the State Treasurer so long as any bond authorized by this Act is unpaid and not redeemed.
Section 10. Whenever the bonds authorized by this Act may be issued in conformity with the provisions of this Act, the Issuing Officers are hereby directed to advertise that they will receive bids at such place or places that may be named in said advertisement for such bonds under such regulations as may be made in the discretion of the Issuing Officers. Sufficient notice of sale of said bonds shall be deemed to have been given if said notice shall have been published at least once ten or more days before the date of sale in at least one newspaper published in the State of Delaware and in a financial journal published in the City of New York, and no other publication of such notice of sale shall be necessary; and said bonds may be sold upon terms and conditions as may be set forth in such notice of sale, provided that the purchase price shall be not less than par and accrued interest. If any of said bonds so offered for sale are not bid for, or if any insufficient price be bid for them, they may be subsequently disposed of under the direction of the Issuing Officers at private sale upon the best terms they can obtain for the same, provided that they shall not be sold at private sale for less than par and accrued interest.
Section 11. All moneys received from the sale of said bonds or notes shall be deposited by the State Treasurer in the Farmers Bank of the State of Delaware at Dover, and shall be used exclusively in accordance with the provisions of this Act and for the purpose of paying the principal of notes issued under this Act.
Section 12. There is appropriated from the General Fund such sums as may be necessary for the expenses incident to the issuance of the bond and notes herein authorized, and such further sums as may be necessary to pay any interest which may become due on such bonds and notes during the fiscal year ending June 30, 1962, and such further sums as may be necessary for the repayment of the principal of any of the said bonds which become due during the biennium ending June 30, 1962. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for interest and repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Any moneys received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.
Section 13. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year beginning July 1, 1961, and for each subsequent fiscal year or biennium shall contain under the Debt Service Item provisions for the payment of interest and principal maturities of said bonds issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provision or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon.
Approved July 10, 1961.