CHAPTER 285

AUTHORIZING CONSTRUCTION OF NEGRO HIGH SCHOOL IN SUSSEX COUNTY

AN ACT AUTHORIZING THE STATE BOARD OF EDUCATION TO CONSTRUCT AND EQUIP A NEW HIGH SCHOOL BUILDING FOR NEGRO STUDENTS IN SUSSEX COUNTY; MAKING APPROPRIATIONS THEREFOR AND AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY AND ISSUE BONDS FOR PAYMENT OF THE MONEY SO APPROPRIATED.

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. The sum of Two Hundred Thousand Dollars ($200,000.00) is hereby appropriated to the State Board of Education of the State of Delaware for the construction and equipment of a comprehensive high school in Sussex County for Negro pupils attending grades seven (7) to twelve (12) inclusive.

Section 2. The State Board of Education is directed to locate said school upon grounds already owned by the State, or an agency or Department thereof, and held for school purposes. 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. The appropriation made by this Act shall be available for the purpose stated herein only if and when an allocation of funds amounting to at least Two Hundred Thousand Dollars ($200,000.00) from the bequest of the late H. Fletcher Brown for the construction of vocational schools in Sussex County, is made by the State Board of Education to supplement the funds herein provided for a new high school building.

Section 5. 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 Two Hundred Thousand Dollars ($200,000.00) to be used for the purpose of providing the appropriation hereinabove mentioned, and to issue bonds therefor.

Section 6. That the said bonds, issued in accordance with the provisiOns of Section 5 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 sub-division thereof, for any purpose whatsoever.

Section 7. 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 seal of the State impressed thereon. Attached interest coupons shall be authenticated by the Signature or facsimile 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 8. That the said bonds shall recite that they are issued for the purpose set forth in Section 1 of 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 9. 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 10. That the said bonds shall bear interest payable semi-annually at a rate of interest not exceeding two per centum (2%) per annum.

Section 11. 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 12. 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 13. 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 ┬░the': purposes are hereby pledged for the redemption and cancellation of the said bonds and the payment of the interest thereon.

Section 14. The money hereby appropriated shall not revert to the General Fund of the State Treasury at the end of any fiscal year but shall be available for the purposes appropriated until the proposed high school is constructed and equipped.

Section 15. That this Bill shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury, not otherwise appropriated.

Approved April 14, 1947.