Delaware General Assembly

CHAPTER 691

HOUSE BILL NO. 1307

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL INVESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONIES TO VARIOUS AGENCIES OF THE STATE AND TO BORROW MONEY TO BE USED FOR THE LOCAL SHARE OF SCHOOL CONSTRUCTION PROGRAMS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONIES TO THE STATE BOARD OF EDUCATION ON BEHALF OF LOCAL SCHOOL DISTRICTS; AMENDING VOLUME 56, CHAPTER 369, LAWS OF DELAWARE; AMENDING VOLUME 57, CHAPTER 299, LAWS OF DELAWARE, PERTAINING TO CAPITOL COMPLEX ELECTRIC DISTRIBUTION SYSTEM AND CENTRAL HEATING AND AIR CONDITIONING; AMENDING VOLUME 57, CHAPTER 306, LAWS OF DELAWARE; AMENDING VOLUME 57, CHAPTERS 320 AND 736, VOLUME 58, CHAPTER 347, AND VOLUME 59, CHAPTER 223, LAWS OF DELAWARE, PERTAINING TO BOND AUTHORIZATION FOR LOCAL SCHOOL DISTRICTS; AMENDING VOLUME 60, CHAPTER 271, LAWS OF DELAWARE, PERTAINING TO THE TRANSFER OF FUNDS FROM THE CONSTRUCTION OF A WOMEN'S PRISON TO THE CONSTRUCTION OF A MAXIMUM SECURITY BUILDING.

Be it enacted by the General Assembly of the State of Delaware (three fourths of all the members elected to each branch thereof concurring therein):

Section 1. There is appropriated to the agencies of this State set forth in Section 8 hereof the sum of $31,547,900 or so much thereof as may be necessary for carrying out the purposes of this Act, which shall be used for the purposes set forth in Section 8 of this Act.

Section 2. There is appropriated to the State Board of Education for school construction purposes in the School Districts hereinafter set forth in Section 10 of this Act the sum of $2,265,501 constituting the sum total of local shares of school construction programs herein authorized for the financing of which such School Districts have not issued local school bonds.

Section 3. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in Section 8 of this Act, and are to include but not be limited to design, planning, land acquisition, acquisition of utility and service areas, construction, repairing, remodeling, equipping, landscaping, and inspection costs but are not to be used for ordinary or normal maintenance expense of highways, bridges or other properties except for that maintenance as outlined in Section 15 of this Act.

Section 4. None of the monies appropriated by this Act shall be expended before July 1, 1976. None of the monies appropriated by this Act shall be expended after June 30, 1979, on any of the individual projects authorized in the 1977 Annual Capital Projects Schedule unless such projects have progressed into any or all of the following phases prior to July 1, 1979: Initial Engineering, Planning, Procurement, Construction.

Section 5. The said sum of $31,547,900 or so much thereof as may be necessary for carrying out the purposes of this Act, shall be borrowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chapter 74, Title 29, Delaware Code, and Chapter 75, Title 29, Delaware Code, where applicable. For purposes of identification, the bonds issued pursuant to this Authorization Act may be known, styled or referred to as "Capital Improvement Bonds of 1977."

Section 6. There is appropriated from the General Fund of the State such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein authorized, and such further sums as may be necessary to pay any interest which becomes due on such bonds and notes during the current fiscal year 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 current fiscal year. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the State Treasurer by and with the approval of the Issuing Officers. Any monies received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.

Section 7. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act 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 the bonds (or notes which are not to be funded by the issuance of bonds) issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon.

Total Local State

Name of School District Cost Share Share

State Funds

(11) University of Delaware $ 1,350,000

(i) Delaware State College 150,000

(j) Delaware Technical and Community College 268,300

GRAND TOTAL - STATE FUNDS $31,547,900

Section 9. The monies allocated in Section 8(d) of

this Act shall be expended for highway construction or
related purposes, but they shall not be used for office sup-
plies or for office equipment and furnishings. The monies

authorized in Section 8(d) (8) of this Act and termed Engineering, Administrative Salaries, Surcharges, etc., shall be accounted for by project. No monies allocated in Section 8(d) shall be used to finance the rehabilitation and resurfacing of roads by the "tar-and-chip" method. No new non-corridor projects will be considered until the previous year's priority list of non-corridor projects has been considered, completed or bids awarded.

Section 10. (a) The sum of $2,265,501 approp-

riated by Section 2 of this Act may be used for the costs of the purposes for which such local shares were authorized in the respective amounts allocated to each school district as follows:

Name of School District Amount

(a) Lake Forest

High School Addition $ 600,000

North Elementary Addition 37,000

(b) Newark

Brookside-Heat Plant Replacement 42,000

Smith-Lighting 20,000

(c) State Board of Education

Minor Capital improvements 919,501

(d) Laurel

Central Middle Elementary-Renovations 142,000

West Laurel Elementary-

Mechanical and Electrical Work 20,000

North Laurel Elementary-

Mechanical and Electrical Work 38,000

() Appoquinimink

Townsend Elementary School-Renovations 447,000

TOTAL $2,265,501

(b) The said sum of $2,265,501 or so much as may be necessary for carrying out the purposes of Section 2 of this Act shall be borrowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chapter 74, Title 29, Delaware Code and Chapter 75, Title 29, Delaware Code where applicable but shall not be within any debt or other limitation of the State within the meaning of Subchapter II, Chapter 74, Title 29, Delaware Code.

(c) Any funds borrowed pursuant to Section 2 of this Act and remaining unexpended after the completion of the programs authorized by this Act and any funds borrowed for a school district pursuant to this Act and remaining unexpended because a project authorized by this Act is not timely undertaken shall be deposited in a special account for that school district and appropriated against their future capital improvement bond requirements. Any funds that shall accrue to any school district in this State from the Treasury of the United States for building purposes shall be deposited in the State Treasury and shall be allocated by the State Board of Education to the School District for which the funds are appropriated. The said funds shall be in addition to any other local share and/or State share.

Section 11. The sums of money appropriated and

allocated for school construction purposes pursuant to Section 8(g) of this Act shall be expended in accordance with the provisions of this Act, and Chapter 75, Title 29, Delaware Code.

Section 12. No money appropriated and allocated

by this Act for school construction purposes pursuant to Section 8(g) of this Act shall be expended for educational supplies of an expendable nature which are consumed or materially changed as they are used; provided, however, that nothing herein contained shall preclude the purchase of all education supplies necessary for the initial operation of schools so built, altered or added to in accordance with the provisions of the School Construction Capital Improvements Act, being, Chapter 75, Title 29, of the Delaware Code.

and the local school districts shall allocate such portions of the total appropriation for the total cost of any school construction authorized by Section 8(g) hereof as shall be necessary to provide for the customary audit function, but in no event, shall such allocation exceed one-half percent of such total cost. The State Auditor of Accounts shall be responsible for arranging the audit function in accordance with Section 2906 and Section 2907 of Title 29, Delaware Code.

(b) In compliance with Section 7526 of Title 29, Delaware Code, the State Board of Education and the local school districts shall allocate such portions of the total appropriation for the total cost of any school construction authorized by Section 8(g) hereof as shall be necessary to provide for the customary supervision (construction inspection services). The limitation of one percent prescribed in Section 7526 of Title 29, Delaware Code, for construction inspection services is hereby set aside and such allocation by the State Board of Education and the local school districts shall not exceed the following percentages:

(1) Normal new construction

in excess of $1,000,000 1 'A ⁰/0 of total cost

(2) Small projects up to $1,000,000 11/2⁰/0 of total cost

(3) Reconstruction and renovations 11/2% of total cost

(c) In contracting for the supervision (construction inspection services) as prescribed in Section 13(b) hereinabove, the State Board of Education shall give first preference to an experienced Delaware organization, able to, and offering to provide quality service on a "nonprofit, at cost" basis, and in so contracting it shall not be subject to the bidding laws as prescribed by Chapter 69, Title 29, Delaware Code. If no such organization is able to or is willing to offer to perform such specialized service on such "non-profit, at cost" basis, then the State Board of Education may contract for such services with profit making organizations on a bid basis as prescribed by Chapter 69, Title 29, Delaware Code.

Section 14. Any funds borrowed pursuant to this

Act and remaining unexpended after the completion of the programs authorized by this Act and any funds borrowed pursuant to this Act and remaining unexpended because a project authorized by this Act is not timely undertaken, shall be deposited in a special account and applied, at the discretion of the State Treasurer with the approval of the Bond Issuing Officers, against future capital improvement bond and note requirements. All acts to the contrary notwithstanding.

Section 15. (a) The sum of $1,500,000 appropriated by Section 8(g) (8) of this Act to the State Board of Education for minor capital improvements to school buildings, or so much thereof as shall be necessary to carry out the purpose of this Act, shall be paid by the State Board of Education to the local districts in the following amounts:

(b) The State Board shall in no case pay more toward the completion of the minor capital improvements for each school district as herein contemplated, than the total amounts designated as "Maximum State Share", nor less than sixty percent rounded to the nearest one hundred dollars of the final actual total costs when such total costs are less than the "Maximum Total Cost" herein designated. As is customary in the case of 100% State supported schools, 100⁰/o of the funds herein contemplated for such schools, shall be wholly provided by the State.

(c) The State Board shall establish criteria for the types of minor capital improvements which it will approve under this section. The State Board shall pay local districts only for the actual expenses of repairs and replacements of a capital nature which shall include but not be limited to the rebuilding or major repair of roofs, floors, heating systems, painting, electrical, and plumbing or water systems and facilities. The State Board shall in any case, pay only sixty percent of the total costs of such minor capital improvements.

(d) Before any minor capital improvements or repairs of a capital nature authorized by this section are undertaken by any school district, the school district shall send a request to the State Board of Education which request shall itemize the improvements or repairs needed and show the estimated cost of each item. The State Board, using the criteria established pursuant to subsection (c) of this section, shall decide as to the right of payment to the local school district and show the estimated cost of each item.

(e) In order to determine the right of payment to the school district under this section, the State Board, or its designated representative, shall:

(i) Inspect the building or buildings to determine that the minor capital improvements requested by the school district are needed and are in accordance with the criteria established pursuant to subsection (c) of this section;

(ii) Provide necessary help to the school district for letting of bids on repairs or replacements meeting the aforesaid criteria;

(iii) Inspect the improvements upon completion to determine that all specifications have been met and that the work and materials used are of acceptable quality; and

(iv) Pay the State's share of the cost of the improvements or repairs made by the school district in accordance with the provisions of this section after the improvements or repairs are accepted as meeting all specifications as to workmanship and materials and when the school district's share has been deposited with the State Treasurer in accordance with the provisions of this section.

(f) The State Board of Education shall, if and when the criteria established in this section are met, pay the school district for the school building improvement, except that the amount paid to each school district shall not be in excess of 60 percent of the total cost.

(g) Any school district may levy and collect a tax to pay their 40 percent share of the cost of the minor capital improvements authorized by this section. Such taxes shall be collected by local taxation within the school district according to the provisions set forth in Chapter 19, Title 14, of the Delaware Code.

(h) Any school district, as an alternate to the levy and collection of a tax to pay its 40 percent share as provided in (g) above, may authorize the issuance of bonds to pay its 40 percent share of the cost of the minor capital improvements authorized by this section, pursuant to Chapter 21, Title 14, Delaware Code. In the event that such share is to be raised by the alternate method herein permitted, the provisions of Section 7507, Chapter 75, Title 29, Delaware Code, shall apply.

() The provisions of Chapter 75, Title 29, Delaware Code, shall not apply to the minor capital improvements authorized by this section except for the applicability of Section 7507 of said Chapter as provided in (h) above.

Section 16. The sum of $700,000 appropriated by

Section 8(g) (8) of this Act to the State Board of Education for "School Building Maintenance", shall be allocated to the school districts in accordance with the following provisions:

(a) The maximum allocation to any district shall be the sum of the allotments for each school building in the district based upon the following formula: $9 for each year since the date of pupil occupancy of the building up to a maximum of 30 such years multiplied by the full number of units of 25 pupils in the building on a full-time basis as of September 30, 1975.

(b) The allotment for each school district as computed in (a) of this section shall be expended only for the purpose of maintenance of buildings and such integral parts as the heating plant, plumbing and electrical system, painting; it shall not be used for the purchase of routine

janitorial supplies, upkeep of grounds nor the repair of any equipment not a basic part of the building.

(c) Before the State Board of Education shall make any allotment pursuant to this section, it shall require that the school district submit a plan of the maintenance and the estimated cost thereof.

(d) The State Board of Education shall establish such rules and regulations as it deems necessary to assure that the purpose of this appropriation is carried out.

Section 17. No funds appropriated by this Act to

the Department of Natural Resources and Environmental Control for land acquisition can be expended without prior approval by the State Planning Office with respect to compliance with the Delaware Development Plan. In addition, no land purchase in excess of $50,000 shall be contracted by the Department of Natural Resources and Environmental Control, without prior approval of the General Assembly; provided however, that the Department of Natural Resources and Environmental Control shall not be prohibited from conducting studies, surveys or other contractual arrangements that would normally precede land acquisition procedures.

Section 18. No bonds or notes shall be issued or

monies borrowed on behalf of this State, pursuant to this Act, after June 30, 1982, except as provided in Chapter 75, Title 29, Delaware Code.

Section 19. All monies appropriated by this Act

shall be considered to be in compliance with and shall be expended in accordance with the intent of the 1977 Annual Capital Projects Schedule, as amended.

Section 20. All State departments and agencies

shall submit all architectural, structural, electrical, and mechanical plans, specifications and cost estimates during the design and development phases and prior to bid to the State Architect. The State Architect shall be responsible for reviewing and approving these plans prior to bid advertisement and no construction contracts (except Highway construction contracts and school district minor capital improvements) shall be executed without the prior approval of the State Architect.

Section 21. No bonds or notes shall be issued or

sold, or monies borrowed on behalf of this State, pursuant to this Act, without the full guarantee to the buyer that the State of Delaware is an equal opportunity employer.

Section 22. Each State agency and institution of

higher learning receiving funds by this Act must, on a semi-annual basis beginning with June 30, 1975, report to the State Planning Office the status of every capital improvement project for which they have received funds either in this Bond Act or in any previous Bond Act and for which the project is not complete as of the effective date of this Act.

Section 23. (a) There shall be established under this

Act a "Capital Improvement Review Board," which shall be responsible for monitoring the budget and planned expenditure as set forth by any agency or school district on the individual projects authorized by this Act, except school district minor capital improvement projects. The Board shall be composed of the following: The State Architect, The Auditor of Accounts, The Secretary of Finance, The State Treasurer, The State Planner. The Secretary of Finance shall serve as Chairman of the Board. The Chief Administrative Officer of each agency or school district, shall participate and have a vote in the decisions of the Board as pertains to their particular agency or school district projects.

(b) The Board also shall have the authority and responsibility to determine the beneficial completion date of each individual project authorized under this Act and as excepted under paragraph (a) of this section. Recognition shall be given to contracts, construction delays and/or other conditions which may affect the completion date. The Board shall cause to revert any unexpended funds to the appropriate special accounts as provided in Section 10 (c) and Section 14 of this Act upon completion of any individual project.

(c) Any bonds or notes of the State authorized or issued pursuant to Section 5 and Section 10 of this Act shall include one quarter of one percent of the total appropriation to provide for the costs incurred by the Board in carrying out its mandated responsibilities.

(d) The Board shall advise the Governor, Members of the General Assembly, and the Controller General on a quarterly basis as to status of each individual project. The report shall note any unusual condition concerning the project.

Section 24. This Act may be known, styled or referred to at the"Annual Capital Improvements Act of 1977".

Section 25. The State share apportioned to a school district by such school construction bond authorized by this Act shall not be expended unless the local share for such school district shall have been deposited with the State Treasurer not later than two years after the effective date of this Act.

Section 26. Notwithstanding the provision of Section 9133, Chapter 91, Title 29 of the Delaware Code, the Secretary of Finance is not required to refund the $150,000 advanced to Delaware State College for land acquisition and the $42,000 advanced to Delaware Technical and Community College for land acquisition to the "Advanced Land Acquisition Fund" from the proceeds of this bond bill.

Section 27. Chapter 369, Volume 56, Laws of Delaware is hereby amended by striking it in its entirety.

Section 28. Volume 57, Laws of Delaware, Chapter 299, Section 7 (b) is hereby amended by striking therefrom the amount of $650,000 and substituting in lieu thereof the amount of $300,000 and adjusting the totals accordingly.

Section 29. Chapter 306, Volume 57, Laws of Delaware is hereby amended by striking it in its entirety.

Section 30. Chapter 320, Volume 57, Laws of Delaware is hereby amended by striking the figure $6,700,000 wherever the same may appear and substitute in lieu thereof the figure $4,393,000.

Section 31. Amend Section 10, Chapter 736, Volume 57, Laws of Delaware, by striking subsections (f), (j), and (1) and substitute in lieu thereof the new subsections (f), (j), and (1) to read as follows:

Section 32. Volume 58, Laws of Delaware, Chapter 347, Section 10 (g) is hereby amended by striking the State Share amount of $1,619,000 and substituting in lieu thereof the amount $1,500,000. The amounts for Total Cost, State Share and down totals should be adjusted accordingly.

Section 33. Volume 58, Laws of Delaware, Chapter 347, Section 10 (h) is hereby amended by striking the State Share amount of $3,081,000 and substituting in lieu thereof amount of $461,000. The amounts for Total Cost, State Share and down totals should be adjusted accordingly.

Section 34. Volume 58, Laws of Delaware, Chapter 347, Section 7 (g) is hereby amended by striking therefrom the amount of $12,791,100 and substituting in lieu thereof the amount of $10,052,100 and adjusting the total accordingly.

Section 35. Volume 58, Laws of Delaware, Chapter 347, Section 10 is hereby amended by striking therefrom the amount of $1.2,791,100 appearing in the first sentence thereof and substituting in lieu thereof the amount of $10,052,100.

Section 36. Section 11, Chapter 223, Volume 59, Laws of Delaware is hereby amended by striking subsection (i) in its entirety.

Section 37. Funds appropriated in Section 8, Paragraph (d), Chapter 271, Volume 60, Laws of Delaware also known as the Capital Improvement Act of 1976, for the construction of Women's Prison, and Comegys replacement which remain unexpended shall be used for the purpose of constructing a new Maximum Security Building at the Delaware Correctional Center. The funds which remain are approximately $1,500,000 from the original appropriation of $1,600,000.

1977 ANNUAL CAPITAL PROJECTS SCHEDULE
To Be Financed Through General Obligation Bonds

1977 ANNUAL. CAPITAL PROJECTS SCHEDULE

State

Agency and Project Identification Share Total

DEPARTMENT OF CORRECTIONS

Delaware Correctional Center-

Three Prefabricated Buildings $500,000

Delaware Correctional Center-New

Maximum Security Building 750,000

Planning, engineering and feasibility

study for the placement of a Women's

Correctional Institution 500,000

Former Kent County Correctional

Center-Renovations 100,000

Delaware Correctional Center - Sewage 70,000

Bridge House - Security Improvements 25,000

Woods Haven-Kruse School - Fire

Detection and Safety System (Bancroft,

Mahaffey School Building) 15,000

Woods Haven-Kruse School -

Downspouts (Bancroft, Mahaffey

and Garage Building) 13,000

Sub-Total $1,973,000

DEPARTMENT OF HEALTH AND SOCIAL SERVICES Hospital for the Mentally Retarded-Life Safety,

Electric Generators, FireAlarm, Fire Doors$275,000 Governor Bacon Health Center-Electrical

Loop 218,000

Delaware Hospital for the Chronically

Ill-Electrical Feed 160,000

Roof Repair 72,000

Delaware Hospital for the Chronically

Ill-Minor Capital Improvements

Roadway and Parking Facility 60,000

Repair and Installation of Safety Con-

trols, etc. on Hospital Boilers 13,000

Sussex Service Center-Georgetown Sewer 100,000

Delaware State Hospital-

Renovate CT Building 500,000

Delaware State Hospital

Minor Capital Improvements

Roof Repairs

Housekeeping Warehouse $ 4,000

R.E. Building 13,000

Springer Building, Section A 24,000

Comegys Building 15,000

State

Agency and Project Identification Share Total

DEPARTMENT OF HEALTH AND SOCIAL SERVICES (Continued)

Rebuild No. 3 Boiler 25,000

Replace Carpeting, Kent-2, Carve!

Building 19,000

Replace Floor Tile, Main Building 57,000

Renovate Banton Building 350,000

Sub-Total $1,905,000

DEPARTMENTOF HIGHWAYS AND TRANSPORTATION

Corridor Projects Rt. 141

Prices Corner Phase III $1,800,000

Rt. 141-Kennett Pike Inter-change

Phase II 860,000

Third Street Bridge Wilmington Super

structure 1,500,000

Concord Pike, Murphy Road-

Talleyville 2,407,000

Interstate 95-Widening and Re-

construction Christina River Bridge,

Mill Creek Bridge, R.R. Bridge, Road-

way, Christina Intersection to S. Wilm-

ington Viaduct 445,000

Safety Projects-Statewide 250,000

Rt. 7-1-95 to Christina (Old Road) 350,000 $7,612,000

Non-Corridor Projects S. Chapel Street

S. Chapel Street Railroad Overpass $430,000

duPont Road Overpass Phase! 650,000

Rt. 4-Rt. 2 to Rt. 896 Phase II 910,000

Ruthar Drive Extended-Rt. 273 to Red

Mill Road PE & Right of Way 250,000

Saulsbury Road, Dover-Rt. 8 to

Walker Road 208,000

Stein Highway, Seaford- Tulls Crossing

to W. City Limits 600,000 $3,048,000

Intersection Improvements

Cleveland Avenue, Newark $ 150,000

Rt. 41 and Greenbank Road 200,000$ 350,000

Miscellaneous Small Projects Maryland

DEPARTMENT OF HIGHWAYS AND TRANSPORTATION (Continued)

Avenue, Lancaster Avenue to Broom

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

State

Agency and Project Identification Share Total

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL (Continued)

STATE BOARD OF EDUCATION (Continued)

PROJECT AUTHORIZED AND UNISSUED-ABANDONED
AND/OR COMPLETED AND REMAINING
AUTHORIZATION NOT REQUIRED

Approved August 3, 1976