CHAPTER 203

AUTHORIZING STATE OF DELAWARE TO BORROW $9,000,000.00

AND ISSUE BONDS THEREFOR

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW NINE MILLION DOLLARS ($9,000,000.00) AND ISSUE BONDS THEREFOR, TO PROVIDE A HIGHWAY IMPROVEMENT PROGRAM, FOR THE PURPOSE OF ACQUIRING LANDS AND RIGHTS-OF-WAY AND CONSTRUCTING AND RECONSTRUCTING ROADS, HIGHWAYS, BRIDGES AND IMPROVEMENTS INCIDENTAL THERETO, AND PROVIDING THE FORM OF THE BONDS AND COUPONS AS WELL AS THE. PROCEDURE FOR THE SALE THEREOF, PROVIDING FOR THE PAYMENT OF PRINCIPAL AND INTEREST OF SAID BONDS, AND APPROPRIATING THE SUM RECEIVED THEREFROM TO THE STATE HIGHWAY DEPARTMENT.

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 Governor, Secretary of State and State Treasurer 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 Nine Million Dollars ($9,000,000,00), which shall be used for the purpose of construction and reconstruction of roads, highways, bridges, dams, locks, sewers, water mains and underpasses, and for the acquisition of land, rights-of-way, and the surveying, grading, and landscaping thereof, and for the costs of labor, material, equipment, supplies, and for buildings or any other purposes incidental and necessary to the foregoing; and the said "Issuing Officers" are hereby authorized, fully empowered and directed to sell, execute and deliver bonds in conformity with the provisions of this act to an amount not to exceed the said sum of Nine Million Dollars ($9,000,000.00). The said bonds may be issued at one time, from time to time, and in such

series and amounts as the "Issuing Officers" shall determine to be required, subject to the provisions contained in this Act.

Section 2. The said bonds issued in accordance with the provisions of this act shall be direct general obligations of the State, and the public faith and credit of the State of Delaware are hereby expressly pledged for the full and complete payment of the debt, principal and interest by this act authorized, of the bonds hereby authorized to be issued and the coupons thereto attached, and the said bonds shall be exempt from taxation by the State or any political subdivisions thereof for any purpose.

Section 3. The said bonds shall recite that they are issued for the purposes set forth in Section 1 of this act, that they are issued in pursuance of this act and the Constitution of this State, and upon the sale and delivery of any such bond, such recitals shall be conclusive upon the State of Delaware and all and every other person whatsoever of the right, power and authority for the issuance of said bonds and the legality and validity of such bonds and of the principal debt and interest represented thereby, and the legality and validity of such bonds thereafter shall never be questioned in any court of law or equity by the State of Delaware or any person or persons for its use or in its behalf, and this provision shall be and become part of the contract and obligation represented by any such bond or bonds.

Section 4. The bonds issued under the authority of this act shall be in denominations of One Thousand Dollars ($1,000.00), or multiple thereof, as shall be decided by the "Issuing Officers," or the majority of them, with coupons thereto attached for each half year's interest thereon. The said bonds shall be numbered consecutively, and shall bear such date as the "Issuing Officers" shall fix and shall bear interest at such rate as shall be determined by the bid accepted by the "Issuing Officers," which interest shall be payable semi-annually in each year that such bonds remain unpaid, at the Farmers Banks of the State of Delaware, at Dover, upon presentation of a coupon representing such semi-annual interest.

The said bonds shall mature as the "Issuing Officers" may determine; provided, however, that the principal amount of

said bonds, or any series thereof, shall be made to mature fully
within twenty (20) years from the date of the issue thereof.

The said bonds shall be executed on behalf of the State of Delaware by the Governor, the Secretary of State and the State Treasurer and shall have the impression of the Great Seal of the State thereon. The signatures of the Governor and the Secretary of State may be engraved or printed on such bonds, but the signature of the State Treasurer shall be in his own proper handwriting.

Attached interest coupons shall bear the signature of the State Treasurer which may be engraved, printed or written on such coupons. The coupons attached to each bond shall bear the same number as the bond to which they are attached.

The said bonds, with the coupons attached, may be issued notwithstanding that any of the officers executing them in the manner herein provided shall have ceased to hold office at the time of such issue or at the time of the delivery of the said bonds.

Section 5. For the purpose of designation and identification, any bond issued under the authority of this act shall be known and styled "State Highway Improvement Bond of 1949."

Section 6. The said bonds shall be in the following form, to wit:

UNITED STATES OF AMERICA

STATE OF DELAWARE

No.

State Highway Improvement Bond of 1949

THESE PRESENTS CERTIFY AND MAKE KNOWN that the STATE OF DELAWARE is held and firmly bound unto the bearer in the sum of Dollars ($), lawful money of the United States of America, which the said State promises and binds itself to pay to the bearer at the Farmers Bank of the State of Delaware, at Dover, Delaware, on

And the coupons shall be in the following form, to wit:

Hands of the Governor, Secretary of State and State Treasurer, the day and year aforesaid.

Highway Department," and is issued for the purpose set forth in Section 1 of said act and in pursuance of said act and the Constitution of the State of Delaware.

for the Payment of Principal and Interest of said Bonds, and Appropriating the Sum Received Therefrom to the State High-Incidental Thereto, and Providing the Form of the Bonds and Coupons as well as the Procedure for the Sale Thereof, Providing and Reconstructing Roads, Highways, Bridges and Improvements Therefor, To Provide a Highway Improvement Program, for the Purpose of Acquiring Lands and Rights-of-Way and Constructing to Borrow Nine Million Dollars ($9,000,000.00) and Issue Bonds act of the 115th Session of the General Assembly of the State of Delaware entitled "An Act Authorizing the State of Delaware Delaware, at Dover, Delaware, on the presentation of the coupons hereto annexed representing such semiannual the said principal sum remains unpaid, upon the present annual installments of interest.

interest at the rate of

annum, likewise payable at the Farmers Bank of the State of the

420

WITNESS the Great Seal of the State of Delaware and the Dated at Dover, Delaware, the

This bond is one of the bonds authorized to be issued by an

, A D. 19

and day of

Secretary of State

State Treasurer

per centum ( %), per

Governor

of each and every year,

, A. D. 19 , with

day of

day of

 

No.

 

The State of
Bank of the
first day of

Delaware will pay to the bearer at the Farmers
State of Delaware, at Dover, Delaware, on the
, A. D. 19 , the sum of

Dollars ($ ) for six months'

   

interest on B and No. State Highway Improvement

Bond of 1949.

Dated

19

   

State Treasurer

It shall be the duty of the State Treasurer to provide a record of the proper size and form to be retained in his office, in which he shall keep a record of all bonds which shall be paid and redeemed according to the number thereof, and in addition thereto he shall cause any such bond to be cancelled by making lines with red ink through the signatures of the Governor, Secretary of State and State Treasurer, and also by writing across the face thereof in red ink the following:

"This bond paid and redeemed this day of

,A. D. 19 .

State Treasurer"

As the said coupons are paid, it shall be the duty of the State Treasurer to mark the same in red ink across the face "Paid." All bonds paid and redeemed, as well as all coupons paid and cancelled as aforesaid, shall be safely kept by the State Treasurer so long as any bond authorized by this act is unpaid and not redeemed.

Section 7. Whenever the bonds authorized by this act may be issued in conformity with the provisions of this act, the "Issuing Officers" are hereby directed to advertise twice a week for four successive weeks in such newspapers and journals in and out of the State as in their judgment may be conducive to the sale of said bonds, that they will receive bids at such place or places that may be named in said advertisement for such

bonds under such regulations as may be made in the discretion of the "Issuing Officers," and the accrued interest between the date of the bonds and the time of sale and delivery of and payment of said bonds shall be adjusted with the purchaser thereof under such regulations as may be made in the discretion of the "Issuing Officers," provided that any overdue coupons attached to the bonds shall, before the sale of said bonds, be detached and cancelled in accordance with the provisions of this act, and upon the day mentioned in said advertisement as the day for opening bids for said bonds, the "Issuing Officers," or the majority of them, shall receive such bids for the purchase of the bonds designated in said advertisement to be sold, and on the opening of said bids, as many of said bonds as shall have been bid for shall be awarded by the said "Issuing Officers" to the highest responsible bidder or bidders therefor, for cash, provided, the amount bid is adequate in the judgment of the "Issuing Officers," or the majority of them. If two or more bidders have made the same bid and such bid is the highest, and the bonds so bid for by the highest responsible bidders are in excess of or equal to the whole amount of the bonds so offered for sale, such bonds shall be awarded to such highest responsible bidders bidding the same price in a ratable proportion. If any of said bonds so offered for sale are not bid for, or if any insufficient price be bid for them, they may be subsequently disposed of under the direction of the "Issuing Officers" at private sale upon the best terms they can obtain for the same, provided that they shall not be sold at private sale for less than par and accrued interest.

Section 8. Any money received from the sale of said bonds, or any series thereof, issued under the provisions of this act, shall be deposited by the State Treasurer in the Farmers Bank of the State of Delaware, at Dover, and shall be used exclusively for the purposes set forth in this act and for the purpose of paying the costs and expenses incident to the issuance of said bonds.

There is hereby appropriated to the State Highway Department of the State of Delaware the said sum of Nine Million Dollars ($9,000,000.00), or so much thereof as shall be received from the sale of the bonds authorized hereby, which shall be used for the purposes set forth herein, and the State Treasurer is hereby authorized and directed to disburse the said moneys

upon warrants signed by the Chairman and the Secretary or the Chief Engineer of the State Highway Department, stating the use of the moneys for which such warrant calls, which use shall be for the purposes set forth in this act. Any of said funds remaining unexpended at the end of any fiscal year shall not revert to the use or purposes of any other funds of the State, but shall remain in said account to be used exclusively for the purposes set forth in this act.

Section 9. That the General Assembly shall appropriate funds sufficient to provide for the payment of interest and principal maturities of said bonds from the date of issue to the end of the ensuing biennium on June 30, 1951, and the Budget Appropriation Bill which shall be enacted and approved by the the General Assembly at the 116th Session and at each and every subsequent biennial Session thereof, shall contain under the Debt Service Item provisions for the payment of interest and principal maturities of said bonds issued under the authority of this act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provision or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon.

Approved June 8, 1949.