Delaware General Assembly

CHAPTER 429

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USE FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL INVESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING $42,639,992.00 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 thereof concurring therein):

Section 1. There is appropriated to the agencies of this State set forth in Section 7 hereof the sum of $42,639,992.00, 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 Section 7, Section 8 and Section 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 Section 7, Section 8 and Section 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.

Section 4. The said sum of $42,639,992.00 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 1967".

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 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 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, or so much thereof as is necessary to carry out the purposes of this Act, shall be expended by the following state agencies in the following amounts:

(a) Department of Civil Defense $ 346,000

(b) Department of Corrections 81,000

(c) State Fire Prevention Commission 222,000

(d) Board of Game and Fish Commissioners 35,000

(e) Department of Mental Health 1,827,000

(f) Delaware National Guard 133,000

(g) State Park Commission 303,000

(h) Budget Commission, for acquisition and

remodeling of State Office Buildings 500,000

(i) State Department of Public Welfare 44,000

(j) State Highway Department, for construction of a State Police Training Academy 383,000

(k) Delaware Home and Hospital for the

Chronically Ill at Smyrna 240,000

(1) Delaware State College 1,530,000

Total $42,639,992

Section 8. The sum of $18,303,992.00 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 Section 7 and Section 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. Each of said local shares shall be credited with interest when and to the same extent as the said Bank credits interest on deposits of other state moneys in said Bank.

Section 11. The sum of $15,811,000, 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 Programs:

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

corridor roads program 4,500,000

(d) Dirt road program 750,000

(e) Suburban development street improvement program 750,000

(f) Advanced engineering and planning program 400,000

(g) Advance right-of-way acquisition program 300,000

(h) Contingencies 1,200,000

Total $15,811,000

Section 12. The moneys allocated in Section 11 of this Act shall be expended for highway construction or related purposes, notwithstanding they shall not be used for office supplies and materials or office equipment and furnishings.

Section 13. All moneys appropriated by this Act shall be expended in accordance with the 1967 Annual Capital Projects Schedule as prepared by the State Planning Office on April 28, 1966 and approved by the Governor on April 29, 1966. If, however, because of altered or unforseen conditions, it becomes desirable and in the best interest of the State to change the amount of funds allocated to a specific project in the aforesaid Schedule, the head of any State agency, board, or commission shall report the facts and justification of the change to the State Planning Office. The State Planning Office shall make a recommendation to the Budget Commission which shall then have the sole right to approve or disapprove such changes.

Section 14. Any funds appropriated by this Act remaining unexpended after the completion of the programs authorized by this Act and any funds appropriated by this Act remaining unexpended because a project authorized by this Act is not timely undertaken, shall be deposited in a special account and appropriated against future capital improvement bond requirements. Any Federal funds received as reimbursement for funds appropriated by this Act other than the funds allocated and appropriated for highway construction purposes pursuant to Section 7 and Section 11 of this Act, shall be deposited in a special account and applied against future capital improvement bond requirements.

Section 15. None of the moneys appropriated by this Act shall be expended before July 1, 1966. None of the moneys appropriated by this Act shall be expended unless a contract for the expenditure of such moneys is entered into before July 1, 1969 and the actual work on the construction contract for any construction authorized by this Act is commenced prior to July 1, 1969.

Section 16. No bonds or notes shall be issued or moneys borrowed on behalf of this state, pursuant to this Act, after July 1, 1972.

Section 17. This Act may be known, styled or referred to as the "Annual Capital Improvement Act of 1967".

Section 18. Notwithstanding the propositions of Section 13 of this Act, the appropriations for projects authorized by this Act which are not included in the 1967 Annual Capital Projects Schedule may be expended, except that in the case of appropriations for project authorized in Section 8 of this Act such appropriations may be expended provided such projects were approved by the State Board of Education and submitted to the State Planner prior to April 28, 1966.

Section 19. No funds appropriated to the State Highway Department in Section 11 of this Act for "Contingencies" shall be obligated or expended without the prior approval of the Budget Commission.