CHAPTER 174

AUTHORIZING THE SALE OF CERTAIN REAL ESTATE IN WILMINGTON

AN ACT TO AUTHORIZE THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF WILMINGTON.

WHEREAS, by a legislative act, duly approved March 6, 1929, and entitled "An Act relating to the Board of Public Education in Wilmington" (36 Laws of Delaware 426), the Board of Public Education in Wilmington was authorized and directed to convey to The Mayor and Council of Wilmington, upon the latter's request, any land or building owned by the said Board which shall cease to be used for school purposes in the same manner and to the same extent as they were formerly used; and the said Mayor and Council were further empowered and authorized to sell any land or building so conveyed; and

WHEREAS, The Mayor and Council of Wilmington, by a resolution duly adopted in regular session on September 29, 1932, requested the Board of Public Education in Wilmington to convey to the said Mayor and Council the land and building at Ninth and Scott Streets, formerly used by said Board for school purposes under the designation of School Number 11; and

WHEREAS, the Board of Public Education in Wilmington, by a motion duly carried in regular session on October 10, 1932, resolved to comply with the aforementioned request of The Mayor and Council of Wilmington and ordered the conveyance of the said land and building formerly used as Number 11 School; and

WHEREAS, the Board of Public Education in Wilmington by deed dated July 6, 1933, and recorded in the office of the Recorder of Deeds, etc., of New Castle County, Delaware, in Deed Record T, Volume 38, Page 277, etc., conveyed to The Mayor and Council of Wilmington only a part of the said lands and premises formerly used as Number 11 School, although intending so to convey all of the said lands and premises; and

WHEREAS, the remaining parts of the said lands and premises formerly used as Number 11 School were respectively conveyed to The Mayor and Council of Wilmington on February 26, 1862, and December 27, 1862, which conveyances are recorded in the aforesaid office of the Recorder of Deeds in Deed Record P, Volume 7, Page 412, etc., and Deed Record A, Volume 7, Page 69, etc., and have ever since remained the property of the said Mayor and Council and have never been conveyed to nor owned by the Board of Education in Wilmington, although intended so to be when first used for school purposes; and

WHEREAS, an Act of the General Assembly is necessary for the conveyance of good and sufficient title to the said lands and premises formerly used for school purposes; therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members of each Branch thereof concurring therein):

Section 1. The Mayor and Council of the City of Wilmington shall have power and authority under an ordinance of Council to be passed with the concurrence of two-thirds of all the members thereof, to sell and convey, in fee simple, all that portion of the real estate with the buildings thereon erected, belonging to The Mayor and Council of the City of Wilmington and

formerly used for public school purposes, lying and being be r. tween Howland Street, Scott Street, Ninth Street and DuPont

Street in said City. Such sale may be either public or private. Upon such sale, the said Mayor is hereby authorized and empowered to execute and deliver to the purchaser, or purchasers, thereof a good and sufficient deed conveying the title thereto in fee simple.

Section 2. The proceeds of the said real estate shall be paid to the Commissioners of the Sinking Fund of the City of Wilmington, to be by them expended in the purchase or redemption of the bonds of said City, or such proceeds may be expended in making a payment on account of any debt of said City, which will reduce the amount of any loan authorized by law, and such authorized loan shall be reduced accordingly.

Section 3. All Acts and parts of Acts inconsistent with this Act be, and the same are hereby repealed.

Approved June 4, 1951.