Delaware General Assembly

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 MONEY BORROWED TO VARIOUS AGENCIES OF THE STATE.

Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House concurring therein):

Section 1. There is appropriated to the agencies of this State set forth in Section 7 hereof the sum of Thirty Four Million, Nine Hundred Forty-eight Thousand Dollars (34,948,000), or so much thereof as shall be received from the sale of the bonds and notes hereinafter authorized, which shall be used for the purposes set forth in Sections 7, 8 and 11 of this Act.

Section 2. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in Sections 7, 8 and 11 of this Act and are to include but not to 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.

Section 3. Any of the funds appropriated herein remaining unexpended at the end of any fiscal year shall not revert to the General Fund, but shall remain to be used for the purposes set forth in this Act. Any sums unexpended by June 30, 1971, shall revert to the General Fund.

Section 4. The said sum of Thirty Four Million, Nine Hundred Forty-eight Thousand Dollars (P4,948,000) shall be borrowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such

Section 5. 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 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 6. 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.

Section 7. The moneys appropriated herein shall be expended by the following named agencies or commissions for the following uses:

(d) State Park Commission for construction of improvements to the following facilities:

(e) Delaware State College, for construction or improvement of the following facilities:

(f) University of Delaware, for construction or improvement of the following facilities: (I) New classroom and office

(a) Board of Game and Fish Commissioners,

construction or improvement of water control and water access facilities $35,000

(g) State Board of Education, for construction or improvement of school facilities as more particularly set forth in Section 8 of this Act $ 9,563,000

x) State Highway Department, for construction or improvement of highways and highway related facilities as more particularly set forth in Section 11 of this Act $15,900,000

Section 8. The sum of $9,563,000. appropriated by Section 7 of this Act to the State Board of Education for school construction purposes or so much thereof as shall be necessary to carry out the purposes of this Act, shall be allocated by the State Board of Education to the following named school districts according to the following tabulation of maximum totals and shares, or in the proportions represented by said maximum totals and shares:

Section 9. The sums of money allocated and appropriated for school construction purposes pursuant to Sections 7 and 8 of this Act shall be expended in accordance with the provisions of Chapter '75, Title 29, Delaware Code.

Section 10. No money allocated and appropriated by this Act for school construction purposes pursuant to Section 8 of this Act shall be expended for educational supplies. The moneys paid to the State Treasurer and deposited in the Farmers Bank

Section 11. The sum of $15,900,000, appropriated by Section 7 of this Act to the State Highway Department for highway construction and related construction purposes, shall be allocated by the State Highway Department to the following Capital Improvements Program:

(a) General Highway Program (Delaware Route 41; Price's Corner Interchange; New Castle Avenue, Wilmington; Delaware Route 2; Delaware Route 141 and Kennett Pike Interchange; Delaware Avenue, Wilmington and U. S. 113 in Kent and Sussex Counties) $ 5,772,000

(c) Widening, resurfacing, reconstruction and construction of other than major corridor

Section 12. The use of the sums allocated by Section 11 of this Act shall be limited to those projects approved in the resolution of the State Highway Department relating to capital improvements as approved on January 6, 1965.

Section 13. If, because of altered or unforeseen conditions, it becomes desirable and in the best interests of the State to change any of the approved projects or program by adding, deleting or changing the amounts of projects and programs as allocated in Section 11, of this Act, the Director of Operations of the Highway Department shall report the facts to the Department together with his and the State Planning Office's recommendation. Upon approval of the changes by the Department, a request for approval of the changes shall be forwarded to the Budget Commission. The Budget Commission shall then have the sole right to approve or disapprove such changes.

Section 14. Any unexpended funds authorized by Section 1 of this Act remaining after the completion of the programs authorized by this Act, or any Federal funds received as reimbursement for funds authorized by this Act, other than the funds allocated and appropriated for school construction purposes pursuant to Section 7 and Section 8 of this Act which are subject to the provisions of Chapter 75, Title 29, Delaware Code, shall be deposited in a special account and such funds shall be applied against future capital improvement bond requirements.

Section 15. None of the moneys appropriated by this Act shall be used prior to July 1, 1965. No construction authorized by Section 7 of this Act shall be started nor any moneys shall be borrowed for the construction authorized by Section 7 of this Act later than 2 years after the effective date of this Act, except such moneys as are necessary to complete construction started prior to 3 years after the effective date of this Act. Notwithstanding, the provisions provided for above, no money shall be borrowed or expended for construction authorized by Section 7 of this Act after June 30, 1971.

Section 16. This Act may be known, styled or referred to as the "Annual Capital Improvement Act of 1966".