CHAPTER 52

AN ACT RATIFYING AND AUTHORIZING THE EXPENDITURES OF CERTAIN SCHOOL CONSTRUCTION FUNDS MADE BY LOCAL SCHOOL DISTRICTS PRIOR TO JUNE 30, 1964 AND WAIVING CERTAIN PROVISIONS OF TITLE 29 DELAWARE CODE FOR THE PURPOSE OF ALLOWING PAYMENT BY KENTON SCHOOL FOR ROOF REPAIRS.

WHEREAS, prior to June 30, 1964 school construction funds made available to local school districts under one school building program act were frequently used by such local districts to complete or supplement projects authorized under a prior or subsequent school building program act; and

WHEREAS, these expenditures were approved by the Delaware School Auxiliary Association, and the State Department of Public Instruction, and the State Auditor's Office ; and

WHEREAS, the Attorney General has rendered an opinion to the effect that absent express authority from the General Assembly such use of funds was improper ; and

WHEREAS, audits of the construction funds of several local school districts have brought into question the propriety of such expenditures made in accordance with long established practice prior to 1964 ; and

WHEREAS, many other school districts heretofore followed the same practice in the use of unexpended funds available from a particular school building program act, although no audits may have been made in respect thereto ; and

WHEREAS, the school districts discontinued this practice in respect to the use of unexpended funds after being informed of the opinion of the Attorney General ; and

WHEREAS, Kenton School Number 9 incurred a bill for a new roof in the amount of $3,380.55 without fully complying with the provisions of Chapter 298, Volume 55, Laws of Delaware and certain provisions of Title 29 of the Delaware Code ; and

WHEREAS, it is desirable to validate, by retroactively ratifying and expressly authorizing all such expenditures heretofore made by all school districts in accordance with prior long established practice; and

WHEREAS, it is also desirable to validate the act of the Kenton School District No, 9 in contracting for a new roof and to make provisions for the payment thereof,

NOW, THEREFORE :

Be it enacted by the General Assembly of the State of Delaware (three-forths of all the members of each branch concurring therein) :

Section 1. The expenditures of all school construction funds including both the State share and the local share made available to any local school district pursuant to the provisions of the school building program act of 1963 (Volume 54, Delaware Laws, Chapter 171) or*of any prior school building program act used by any local school district for any school construction project properly authorized pursuant- to a certificate of necessity is hereby expressly authorized, approved and ratified, notwithstanding the fact that funds authorized for use under one certificate of necessity have been used for projects under a different certificate of necessity issued pursuant to some other school building program act.

Section 2. The provisions of Section 6512, Title 29, Delaware Code, and Chapter 69, Title 29, Delaware Code, are hereby waived for the sole purpose of paying a bill in the amount of $3,380.55 incurred by the Kenton School No. 9 for a new roof, said sum having been heretofore appropriated pursuant to Chapter 298, Volume 55, Laws of Delaware.

Section 3. Nothing herein contained shall be construed to apply to any expenditures of school construction funds made by any school district after June 30, 1964, except as herein provided in Section 2.

Section 4. Nothing herein contained authorizes the appropriation or expenditure of any new or additional funds over and above the total of funds heretofore appropriated and expended for school construction.

Section 5. Any act inconsistent with the provisions hereof be and the same hereby is repealed to the extent of such inconsistency.

Became law on June 80, 1967 without approval of Governor pursuant to Section 18, Article III, Constitution of State of Delaware.