CHAPTER 40

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR THE STATE HIGHWAY DEPARTMENT'S CAPITAL IMPROVEMENTS PROGRAMS AND TO ISSUE NOTES AND BONDS THEREFOR AND APPROPRIATING THE MONEY BORROWED TO THE STATE HIGHWAY DEPARTMENT.

WHEREAS, the State Highway Department on December 14, 1960 adopted a resolution, drawn in form and content to meet certain objectives outlined by members of the General Assembly, defining the Capital Improvement Program for 1961, and

WHEREAS, the said resolution of December 14, 1960 directed the Chairman and Chief Engineer of the State Highway Department to transmit copies of said resolution to the Governor and to the General Assembly and to request that the General Assembly appropriate to the Department the sum of $14,000,000 for the fiscal year beginning July 1, 1960 to enable the Department to proceed with the Capital Improvement Program as set forth in the aforementioned resolution, and

WHEREAS, The State Highway Department on March 20, 1961 adopted a resolution, drawn in the form and context of the resolution of December 14, 1960, defining the Capital Improvement Program for the fiscal year 1962, and

WHEREAS, the said resolution of March 20, 1961 directed the Chairman and Chief Engineer of the State Highway Department to transmit copies of said resolution to the Governor and to the General Assembly and to request that funds be appropriated to the Department to provide for the fulfillment of said Capital Improvement Program.

NOW, THEREFORE,

Be it enacted by the General Assembly of the State Delaware (three-fourths of all the Members elected to each House 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) shall borrow upon the faith and credit of the State of Delaware a sum of money not in excess of Twenty-Six Million Six Hundred Sixty Thousand Dollars ($26,660,000) which shall be used by the State Highway Department to defray the costs of its Capital Improvements Programs during the period extending from the date of enactment of this Act through June 30, 1963; said programs to be completed as defined, and under the conditions and provisions as set forth in the pertinent resolutions adopted by the Department on December 14, 1960 and on March 20, 1961. The Capital Improvements Programs shall be composed of the following:

A. General Highway Program

B. Dirt Road Improvement Fund

C. Suburban Development Improvement Fund

D. Beach Erosion Fund

E. Drainage and Public Improvement Projects

The cost of construction and reconstruction of the aforementioned projects and of carrying out the aforementioned programs shall not include ordinary or normal maintenance expenses of highways, bridges, buildings or other property under the jurisdiction of the Department but may include, among other costs, the costs of acquiring necessary lands and rights-of-way and the surveying, grading and landscaping thereof; the costs of relocating utility facilities provided the State is otherwise obligated to pay such costs; the costs of labor, material, equipment, supplies and engineering for such projects and programs; and the costs of such dams, storm sewers, underpasses and facilities as may be incidental and necessary to the aforementioned projects and programs. The issuing officers are hereby authorized to issue bonds in conformity with the provisions of this Act to an amount not to exceed the said sum of Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00). The bonds may be issued all at one time, or from time to time, in such series and amounts as the Issuing Officers shall determine to be required, subject to the provisions contained in this Act. Said sum of money may be borrowed and said bonds may be issued in addition to any sums authorized to be borrowed or bonds authorized to be issued for the purposes hereinbefore described by any other law now in effect.

Section 2. In anticipation of the issuance of bonds, the Issuing Officers may issue and sell notes of the State of Delaware at either public or private sale for not less than par and accrued interest. They may be renewed from time to time by the issuance and sale of new notes, but all such notes shall mature and be paid not later than June 30, 1963. The total amount of notes outstanding at any one time, together with the total amount of said bonds theretofore issued; shall not exceed Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00), or if any bonds shall have been issued pursuant to this act, the amount by which Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00) shall exceed the amount of such bonds. If the aggregate amount of bonds or notes issued pursuant to this act shall exceed Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00) the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding.

The notes may be redeemed at par and accrued interest prior to their maturity, if the right of the State to do so shall have been reserved by an express provision in the notes. The principal of the notes shall be paid out of the proceeds of the sale of the bonds or notes.

Section 3. The bonds and notes 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 and notes hereby authorized to be issued and the coupons thereto attached, and the bonds and notes shall be exempt from taxation by the State or any political subdivisions thereof for any purpose.

Section 4. The said bonds and notes shall recite that they are issued for the purpose 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 or note, 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 or notes and legality and validity of such bonds or notes and of the principal debt and interest represented thereby and the legality and validity of such bonds or notes 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 bonds or notes.

Section 5. The bonds issued under the authority of this Act shall be in denominations of One Thousand Dollars ($1,000.00), or a 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 dates 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 Bank of the State of Delaware, at Dover, upon presentation of a coupon representing such semi-annual interest.

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 or shall have facsimile of the Great Seal of the State of Delaware thereon. The facsimile 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 6. For the purpose of designation and identification any bond issued under the authority of this Act shall be known and styled "State Highway Department Improvement Bond of 1961."

Section 7. The said bonds, as well as the interest coupons thereto attached, shall be issued in such form or forms as the Issuing Officers may adopt.

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 8. 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 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. Sufficient notice of sale of said bonds shall be deemed to have been given if said notice shall have been published at least once, ten or more days before the date of sale in at least one newspaper published in the State of Delaware and in a financial journal published in the City of New York, and no other publications of such notice of sale shall be necessary; and said bonds may be sold upon such terms and conditions as may be set forth in such notice of sale, provided that the purchase price shall be not less than par and accrued interest. 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 9. All moneys received from the sale of the bonds or notes shall be deposited by the State Treasurer in the Farmers Bank of the State of Delaware at Dover, and shall be used exclusively in accordance with the provisions of this Act and for the purpose of paying the principal of notes issued under this Act.

In addition to any moneys appropriated by any other Act there is hereby appropriated to the State Highway Department the sum of Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000) or so much thereof as shall be received from the sale of the bonds and notes authorized hereby, which shall be used for the purposes set forth herein. Any of said funds remaining unexpended at the end of any fiscal year shall not revert to the General Fund, but shall remain in said account to be used for the purposes set forth in this Act.

Section 10. There is hereby appropriated from the General Fund such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein authorized, and such further sums as may be necessary to pay any interest which becomes due on such bonds and notes during the fiscal year ending June 30, 1963, and such further sums as may be necessary for the repayment of the principal of any of the said bonds or notes which become due during the fiscal year ending June 30, 1963. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Any moneys received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.

Section 11. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year beginning July 1, 1961 and for each subsequent fiscal year or biennium, shall contain under the Debt Service Item provisions for the payment of interest and principal maturities of the 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 May 4, 1961.