CHAPTER 20 - RE-ALLOCATING BALANCE OF FUNDS IN SCHOOL BUILDING ACCOUNT OF MT. PLEASANT DISTRICT NO. 2, NEW CASTLE COUNTY

AN ACT RE-ALLOCATING THE BALANCE OF FUNDS IN THE SCHOOL BUILDING ACCOUNT FOR MT. PLEASANT DISTRICT 1;2, NEW CASTLE COUNTY, FOR USE AND AID IN THE REVISED BUILDING PROGRAM FOR SAID SCHOOL DISTRICT, AND AUTHORIZING A REFERENDUM AS TO THE EXPENDITURE OF SAID FUNDS PURSUANT TO SAID PROGRAM.

WHEREAS, by Chapter 79 of Volume 43, Laws of Delaware, 1941, the Senate and House of Representatives of the State of Delaware, in General Assembly met, appropriated the sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) to the State Board of Education for use and aid in a school building program, and provided that the State Board of Education allocate to Mt. Pleasant School District New Castle County, any amount not in excess of One Hundred Thousand Dollars ($100,000.00) on condition that said district contribute Fifty Thousand Dollars ($50,000.00);

WHEREAS said school district, by proceeds of a bond issue authorized by a referendum pursuant to law, contributed the sum of One Hundred Six Thousand, Eight Hundred Twenty-three Dollars and Sixty-one cents ($106,823.61), and the State Board of Education allocated to said school district, pursuant to Chapter 79 of Volume 43, Laws of Delaware, 1941, the sum of Seventy-two Thousand Five Hundred Ninety-two Dollars ($72,592.00);

WHEREAS said funds were appropriated and allocated for use and aid in a building program submitted by the State Board of Education and approved by the Board of Trustees of said school district, said program contemplating an addition of twelve classrooms and necessary additional auxiliary rooms;

WHEREAS, due to the war emergency, there has been constructed in said school district, with the use of Federal funds and the funds contributed by said school district and allocated by the State Board of Education, an addition of only eight classrooms, and with the completion of the work of enlarging the cafeteria, the Building Commission for said district will have no further work which can be done in connection with said building program under the authority of existing statutes;

WHEREAS, it is estimated that with the completion of the present work, there will be a balance in the School Building Account for said school district, in the Farmers Bank of the State of Delaware, of approximately One Hundred Thousand Dollars ($100,000.00);

WHEREAS, the rapid growth of the school population in said school district with grossly inadequate school facilities has created a dangerous condition and constitutes an emergency requiring the construction of additional school facilities as early as conditions will permit;

WHEREAS, to meet the needs of said school district, there has been adopted by the Board of School Trustees of Mt. Pleasant District New Castle County, and by the State Board of Education, a revised tentative building program for said school district;

WHEREAS, said revised tentative building program contemplates the construction in the Southern section of said district, of a school building, and the construction in the Northern section of said district, of a school building, both buildings consisting of necessary classrooms and additional auxiliary rooms, the equipping thereof and the acquisition of land in said district upon which to construct said buildings, therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. The Board of School Trustees of Mt. Pleasant District ยป2, New Castle County, shall hold a special election at the schoolhouse in said district, advertising and giving notice of same in the manner provided in Chapter 71, Article 11, 2725, Section 103, of the Revised Code of Delaware, 1935. All of said advertisements and notices shall contain a clear statement as to the approximate amount of funds remaining in the School Building Account for said district, the completion of the building program at the present school house site in said district, and that the purpose of the election is to vote for or against the use of said funds in connection with the tentative revised building program for the acquisition of land sites and the construction and equipping of school buildings in other portions of the district. The vote at said election shall be by ballot, on which shall be written or printed: "For use of remaining funds in tentative revised building program for Mt. Pleasant District", or, "Against use of remaining funds in tentative revised building program for Mt. Pleasant District." The polls for said election shall be open at one o'clock P. M. of the day advertised for said election according to said advertisements and remain open until six o'clock P. M. of said day, and said election shall be held by such persons as shall be designated by the Board of said district. At such election every person possessing the qualifications provided in Chapter 71, Article 17, 2753. Section 131, of the Revised Code of Delaware, 1935, shall be entitled to vote.

Section 2. The money remaining in the School Building Account for Mt. Pleasant School District #2, New Castle County, in the Farmers Bank of the State of Delaware, is hereby re-allocated for use and aid in the revised building program of Mt. Pleasant School District #2, New Castle County, as the same shall be finally approved by the Board of. School Trustees of said School district. Upon the approval of a majority of the voters of said district at the election provided for in Section 1 of this Act, said funds or any part thereof may be expended in said district for the taking of options to buy and for acquisition by gift, purchase, condemnation or otherwise of land sites in the Southern section or in the Northern section of said district, or both, for the construction, furnishing and equipping of new school buildings on said sites, and the grading and equipping of school grounds on said sites, pursuant to said tentative revised building program, as the same shall be finally approved by the Board of said district.

Section 3. The administering of said program, as finally adopted, shall be under the control and supervision of a building commission for said district, and insofar as the provisions of Chapter 206 of Volume 36, Laws of Delaware, 1929, are not in .conflict with this Act, said provisions of Chapter 206 shall be given full force and effect. Said building commission shall be constituted as provided in Chapter 206 of Volume 36, Laws of Delaware, 1929, as amended by Section 8 of Chapter 79, Volume 43, Laws of Delaware, 1941. Said building commission shall have full authority and discretion to determine the order in which the various parts of said tentative revised building program shall be performed.

Section 4. The funds hereby re-allocated may be used and expended with any funds which may be received by grant or gift from the State of Delaware, the Federal Government or any agency, bureau, commission or department thereof, or from any other source whatever.

Section 5. This Act shall apply and be equally effective, whether said district remains a State Board District or becomes a Special School District. In the event said district becomes a Special School District before the election provided for in Section 1 of this Act has been conducted, the said election shall be in charge of the Board of Education of said Special District, and the power to change and finally approve said tentative revised building program shall be in said Board of Education.

Section 6. All acts or parts of acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency.

Approved March 16, 1945.