CHAPTER 309

AN ACT AUTHORIZING THE LEVY COURT OF KENT COUNTY TO BORROW ON THE CREDIT OF THE COUNTY A SUM OF MONEY NOT EXCEEDING NINE HUNDRED AND FIFTY THOUSAND DOLLARS TO BE EXPENDED FOR ACQUIRING ADDITIONAL LANDS TO BE USED FOR THE PURPOSE OF BUILDING AN ADDITION OR ADDITIONS TO THE KENT COUNTY COURT HOUSE, AND FOR MAKING SUCH ALTERATIONS AND REPAIRS TO THE EXISTING COURT HOUSE AS THE LEVY COURT SHALL DEEM NECESSARY AND EXPEDIENT.

WHEREAS, the present Court House in Kent County has become wholly inadequate for the needs of the Court of Common Pleas of Kent County because of that Court recently commencing to sit as a full time court, and the Kent County Recorder of Deeds office has recently become wholly inadequate because of the rapid and sudden increase of property conveyancing in the County and the Court House has recently become wholly inadequate for the other county offices because of the sudden, recent influx of population into the County, THEREFORE,

IT IS HEREBY found, determined and declared by the 122nd General Assembly of the State of Delaware that this act deals with an acute emergency, NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The Levy Court of Kent County is hereby authorized to build an addition or additions to the Kent County Court House and to make such alterations and repairs to the present Court House as shall be deemed necessary and expedient and to contract therefor.

Section 2. The Levy Court of Kent County may acquire by purchase such lands and property as shall be necessary for the building of such addition or additions to the existing Court House.

Section 3. The Levy Court of Kent County is authorized to enter into contracts and agreements with persons, firms or corporations relative to the building and construction of such addition or additions to the Kent County Court House, and to making such alterations and repairs to said Court House as shall be deemed necessary and expedient, and to this end may require of said persons, firms or corporations proper security for the faithful performance of the work to be done. The Levy Court may engage the services of competent architects who shall prepare proper plans and specifications, and shall award any contract to the lowest responsible bidder, but with the right to reject any and all bids.

Section 4. The Levy Court is hereby authorized to borrow upon the faith and credit of Kent County, a sum not exceeding Nine Hundred and Fifty Thousand Dollars to be expended in the acquisition of the necessary lands and property, and for building such addition or additions to the Kent County Court House and for making such alterations and repairs to the existing Court House as shall be deemed necessary and expedient by the said Levy Court, and for the purpose of securing the payment of such sum, to issue bonds in such denominations and at such rate of interest not exceeding three per centum per annum, as the Levy Court may deem expedient.

Section 5. The interest upon said bonds shall be paid semiannually in each year from the date of the issue. The Levy Court shall decide upon and determine the classes and times of maturity of said bonds and the aggregate of each class. The bonds may at the option of the Levy Court contain a provision for redemption at any time after the expiration of five years from the date thereof at a premium not to exceed five percent. The bonds may contain such provisions for the registration thereof as the Levy Court may determine. The bonds shall bear the same date and shall be numbered serially.

Section 6. The bonds shall be prepared under the supervision of the Levy Court and shall be signed by the Receiver of Taxes and County Treasurer, the President of the Levy Court and the Clerk of the Peace of Kent County, and shall be under the seal used by said Levy Court. The signature of the Receiver of Taxes and County Treasurer shall be engraved or printed on each coupon or interest warrant. It shall be the duty of the officers named to execute said bonds when directed by the Levy Court so to do, and it shall be the duty of the Receiver of Taxes and County Treasurer and of the Levy Court to keep a record of said bonds.

Section 7. The bonds shall be exempt from all State, county, municipal and other taxation, and the purchaser thereof shall not be obliged to see to or in any manner be responsible for the application of the purchase money; the bonds may be of such form and may contain such provisions as will not conflict with the provisions hereof.

Section 8. The Levy Court shall determine when the bonds or any number thereof may be sold, and until sold shall remain in the custody of the Levy Court. Whenever it shall be deemed advisable that any part or all of said bonds shall be sold, the Levy Court shall sell and dispose of the same after having advertised them in the public press at least once each week for at least three weeks. No commission or other compensation shall be charged or paid to the Levy Court, or any member therefore, for effecting the sale or negotiation of said bonds.

Section 9. The bonds, principal and interest, shall be payable at the Farmers Bank of the State of Delaware, at Dover, Delaware, out of money from time to time appropriated for that purpose by the Levy Court; and the Levy Court is directed to pay the interest on the bonds to said Farmers Bank when and as the same shall become due, and to pay said bonds when and as the respective classes mature.

The Levy Court in fixing the rate of taxation shall annually, until the first class of said bonds shall become due and payable, provide for a sum equal to the amount of interest due each year upon said bonds, and as and when said bonds shall mature and become due and payable, shall in like manner provide for a sum equal to the aggregate of said bonds so maturing, which amount shall be set apart by the Receiver of Taxes and County Treasurer to be applied to the payment of interest on said bonds and the redemption thereof as they mature.

Section 10. All money received from the sale of said bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited in the Farmers Bank aforesaid to the Credit of the Levy Court in a separate account, and payment therefrom shall be made by the Levy Court by a special warrant upon which shall be printed or endorsed "Kent County Court House Addition".

Section 11. The Levy Court is authorized also to enter into contracts for the purchase and installation of all necessary equipment and furniture.

Approved June 19, 1964.