Delaware General Assembly

CHAPTER 171

APPROPRIATION - PURCHASE AND CONSTRUCTION OF NEW AND IMPROVED SCHOOL BUILDINGS, GROUNDS AND EQUIPMENT

AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF EDUCATION FOR USE BY SAID BOARD AND FOR REALLOCATION TO CERTAIN SCHOOL DISTRICTS, FOR THE PURCHASE AND CONSTRUCTION OF NEW AND IMPROVED PUBLIC SCHOOL BUILDINGS, GROUNDS AND EQUIPMENT.

WHEREAS, there is an immediate and pressing need for certain construction for public school purposes in the State of Delaware; and

WHEREAS, certain school districts hereinafter mentioned have 'funds for construction purposes presently available by state appropriation and from the proceeds of local bond issues; and

WHEREAS, certain other school districts hereinafter mentioned are expected to provide funds for construction purposes from local sources; and

WHEREAS, the educational needs of the particular communities are of such nature that action by the One Hundred Fourteenth General Assembly is imperative because even in those districts having funds on hand from either or both of the sources named, due to present costs, the available funds are not sufficient to provide the necessary school facilities; Now, Therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members elected to each House thereof concurring therein):

Section 1. That there is hereby appropriated to the State Board of Education the sum of One Million, Six Hundred Sixty-eight Thousand Nine Hundred Eighty-seven Dollars ($1,668,987.00) to be used and reallocated by the said Board as hereinafter in this Bill provided.

Section 2. That the sum of Two Hundred Thousand Dollars ($200,000.00) of the total appropriation shall be used by the State Board of Education for the construction of a new comprehensive High School in Kent County for Negroes, who now must attend State College for Colored Students for their high school education. The said school shall be so located in Kent County where in the judgment of the said Board it will best serve the educational needs of the greatest number of Negro high school students in grades seven to twelve. The said comprehensive High School shall be built under the direction of a Commission appointed under the provisions of Section 8 of Chapter 79, Volume 43, Laws of Delaware, 1941.

Section 3. The creation of a High School District to be served by the high school provided for by this Act shall be governed by the provisions of 2683. Sec. 61. of Chapter 71 of the Revised Code of Delaware, 1935, as amended. The members of the Board of School Trustees for such High School District, shall be appointed in accordance with the method provided in said Section.

Section 4. That of the total amount herein appropriated, the sum of One Million One Hundred Ninety-six Thousand Eight Hundred Twenty-seven Dollars ($1,196,827.00) shall be reallocated to the following named school districts for the construction and equipment of new school buildings or additions to existing school buildings, to be expended by school building Commissions selected as provided by Section 8 of Chapter 79, Volume 43, Laws of Delaware, 1941, and in the following proportions; provided, that the respective districts make available the sums set opposite the reallocation made to them, respectively; and provided further, that if necessary to meet this requirement any district named in Sections 4 or 5 of this Act may issue bonds authorized by a referendum vote according to the provisions of Chapter 71 of the Revised Code of Delaware, 1935, as amended, notwithstanding that the total of such bonds when added to any other bonds outstanding against said school district may exceed five per cent (5%) of the assessed value of the real and personal property in such school district:

Section 5. That of the total amount appropriated herein the sum of Two Hundred Twenty-three Thousand Six Hundred Sixty Dollars ($223,660.00) shall be reallocated by the State Board of Education for the construction of public school buildings at or near Wilmington Manor in New Castle County, and in the town of Marshallton, New Castle County, provided these respective communities shall furnish from local sources the amounts set opposite the sums so allocated by the State Board of Education, as follows:

District State Funds Local Funds

Wilmington Manor $185,760.00 $158,240.00

Marshallton School District #77 37,900.00 95,238.00

If, however, Wilmington Manor shall become a separate school district, the State Funds allocated shall be One Hundred Seventy-two Thousand Dollars ($172,000.00), and the Local Funds furnished shall be One Hundred Seventy-two Thousand Dollars ($172,000.00). The expenditure of the funds named in this Section shall be under the direction and control of School Building Commissions selected as provided by Section 8 of Chapter 79, Volume 43, Laws of Delaware, 1941.

Section 6. That of the total amount appropriated the sum of Thirty-three Thousand Five Hundred Dollars ($33,500.00) shall be used by the State Board of Education for the construction of a two-room addition to the present school in Selbyville School District #210-C, said amount to be expended according to the law of the State now in effect regarding the construction of new school buildings.

Section 7. That of the total amount appropriated the sum of Fifteen Thousand Dollars ($15,000.00) shall be used by the State Board of Education to aid the construction of a new elementary school building for Negro students in Millsboro School District #204-C, in Sussex County, to replace a school building destroyed by fire. For the purpose of making effective the provisions of this Section as the same relate to school construction and in so far as the provisions of Chapter 206 of Volume 36, Laws of Delaware, 1929, are not in conflict with this Act, said provisions of said Chapter 206 shall be given full force and effect; provided that any conflict which may arise shall be submitted to and resolved by the decision of the Governor; and further provided that membership upon any school building commission which is provided for by election in said Chapter 206, Volume 36, shall be deemed amended to authorize the Governor to appoint three members and to authorize the designation of two members from among and by the members of the State Board of Education.

Section 8. That the funds hereby appropriated shall not revert to the State Treasury at the end of any fiscal year but shall remain available for the purposes herein stated until such construction has been completed.

Section 9. That the Governor and the State Treasurer and the Secretary of State of the State of Delaware herein sometimes referred to as the "issuing officers", are hereby authorized, fully empowered and directed, to borrow upon the faith and credit of the State of Delaware a sum of money not in excess of One Million, Six Hundred Sixty-eight Thousand Nine Hundred Eighty-seven Dollars ($1,668,987.00) to be used for the purpose of providing the State appropriation hereinabove mentioned, and to issue bonds therefor.

Section 10. That the said bonds, issued in accordance with the provisions of Section 9 of this Act, shall be a direct general obligation of the State, and the public faith and. credit of the State is hereby expressly pledged for the full and complete payment of the debt, principal and interest. The principal and interest of the said bonds shall be exempt from taxation by the State or by any political subdivision thereof, for any purpose whatsoever.

Section 11. That the said bonds shall be signed in the name of the State of Delaware by the Governor, the Secretary of State, and the State Treasurer, and shall have the great seat Of the State impressed thereon. Attached interest coupons shall be authenticated by the signature or fascimile signature of the State Treasurer. The said bonds may be issued notwithstanding that any of the officers signing them or whose facsimile signature appears on the coupons shall have ceased, to hold office at the time of such issue or at the time of the delivery of said bonds.

Section 12. That the said bonds shall recite that they are issued for the purpose set forth in this Act, and that they are issued in pursuance of this Act and the constitution of this State, and such recital shall be conclusive evidence of the authority of the State to issue said bonds and of their validity. Any such bonds containing such recital shall, in any suit, action or proceeding involving their validity, be conclusively deemed to be fully authorized by this Act and to have been issued, executed and delivered in conformity herewith, and shall be incontestable for any cause.

Section 13. That the said bonds shall be in such form and in such denomination 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 the said "issuing officers".

Section 14. That the said bonds shall bear interest payable semi-annually at a rate of interest not exceeding two per centum (2%) per annum.

Section 15. That the said bonds shall mature as the "issuing officers" may determine; provided, however, that the principal amount of said bonds shall be made to fully mature within twenty (20) years from the date of issue thereof.

Section 16. That all money received from the sale of the said bonds of the State of Delaware authorized under the provisions of this Act shall be deposited by the State Treasurer in a special fund at the Farmers' Bank of the State of Delaware, at Dover, to the credit of the State Board of Education, and shall be used exclusively for the purposes set forth in this Act.

Section 17. That the Budget Appropriation Bill enacted and approved by the General Assembly at the One Hundred and Fifteenth Session, and at each and every subsequent biennial session thereof, shall contain under the Debt Service Item provisions for the payment of maturity principal and interest of said bonds issued by virtue of this Act and such revenues of the. State of Delaware that are not prohibited by constitutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellations of the said bonds and tire payment of the interest thereon.

Section 18. If any clause, sentence, paragraph or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section 49. This shall be known as a Supplementary Appropriation Bill and the funds hereby appropriated shall be paid out of the funds of the State Treasury from moneys not otherwise appropriated.

Approved April 4, 1947.