CHAPTER 121

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL INVESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONEYS TO VARIOUS AGENCIES OF THE STATE.

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

Section 1. There is appropriated to the agencies of this State set forth in Section 7 hereof the sum of $33,857,600, or so much thereof as shall be received from the sale of the bonds and notes hereinafter authorized, which shall be used for the purposes set forth in Section 7, Section 8, Section 11 and Section 13 of this Act.

Section 2. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in Section 7, Section 8, Section 11 and Section 13 of this Act and are to include but not be limited to design, planning, land acquisition, acquisition of utility and service areas, construction, repairing, remodeling, equipping, landscaping and inspection costs but are not to be used for off-site sidewalk construction by school districts or for ordinary or normal maintenance expense of highways, bridges, or other properties.

Section 3. Any of the funds appropriated herein remaining unexpended at the end of any fiscal year shall not revert to the General Fund, but shall remain to be used for the purposes set forth in this Act,

Section 4. The said sum of $33,857,600 shall be borrowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chapter 74, title 29, Delaware Code, and Chapter 75, title 29, Delaware

Code, where applicable. For purposes of identification, the bonds issued pursuant to this authorization act may be known, styled or referred to as "Capital Improvement Bonds of 1968."

Section 5. There is appropriated from the General Fund of the State 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 current fiscal year and such further sums as may be necessary for the repayment of the principal of any of the said bonds which become due during the current fiscal year. 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 monies received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.

Section 6. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act 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 (or notes which are not to be funded by the issuance of bonds) issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon.

Section 7. The moneys appropriated herein, or so much thereof as is necessary to carry out the purposes of this Act, shall be expended by the following state agencies in the following amounts:

(b) State Highway Department--Communications Division .. $ 130,000

(c) State Fire Prevention Commission 482,000

(d) State Forestry Department 90,000

(e) Board of Game and Fish Commissioners 70,000

(d) Department of Mental Health 615,000

(d) State Park Commission 587,000

(d) Board of Post Mortem Examiners 300,000

(d) Delaware State College 1,495,000

(e) University of Delaware . 3,855,000

(f) State Budget Commission 100,000

(1) State Supreme Court 390,000

(m) State Board of Education for construction or improvement of school facilities as more particularly set forth in Section 8 of this Act 10,643,200

(n) State Highway Department for construction or improvement of highways and highway related facilities as more particularly set forth in Section 11 of this Act 14,450,000

(0) State Board of Education for the cost of minor capital improvements, non-ordinary and non-recurring repairs to school buildings as more particularly set forth in Section 13 of this

Act 650,400

TOTAL $33,857,600

Section 8. The sum of $10,643,200 appropriated by Section 7 (m) of this Act to the State Board of Education for school construction purposes, or so much thereof as shall be necessary to carry out the purposes of this Act, shall be allocated by the State Board of Education to the following named school districts

according to the following tabulation of maximum totals and shares, or in the proportions represented by said maximum totals and shares:

Name of District Total Cost

(a) Alexis I. duPont Special $ 143,000

(a) Alfred I. duPont

1,625,000

(b) Bridgeville No. 90

State Share

$ 24,000

975,000

Local Share

$ 119,000

650,000

541,000

(d) Caesar Rodney Special

577,000

(e) Claymont Special

222,000

(f) De La Warr No. 47

1,910,000

(g) John Dickinson No. 133 1,662,000

(h) Mount Pleasant Special

72,000

(i) Millsboro No. 23

90,000

(j) Newark Special

6,098,000

(k) Smyrna Special

59,000

325,000
406,000
133,000
1,146,000
997,200
43,000
54,000
3,659,000
35,000

216,000 171,000 89,000 764,000 664,800 29,000 36,000

2,439,000

24,000

(1) Wilmington

1,988,000

(m) State Board of Education for Deaf and Aphasic

487,000

(n) Dover Special

1,942,000

1,194,000

487,000

1,165,000

794,000
777,000

TOTAL $17,416,000

$10,643,200

$6,187,800

Section 9. The sums of money allocated and appropriated for school construction purposes pursuant to Section 7 and Section 8 of this Act shall be expended in accordance with the provisions of Chapter 75, title 29, Delaware Code.

Section 10. No money allocated and appropriated by this Act for school construction purposes pursuant to Section 8 of this Act shall be expended for educational supplies of an expendable nature which are consumed or materially changed as they are used; provided, however, that nothing herein contained shall preclude the purchase of all educational supplies necessary for the initial operation of schools so built, altered or added to in accordance with the provisions of the School Construction Capital Improvements Act being Chapter 75, title 29, of the Delaware Code. Each of said local shares shall be credited with interest when and to the same extent as the said Bank credits interest on deposits of other state monies in said Bank and said local shares shall be fully expended before state shares are expended.

Section 11. The sum of $14,450,000, appropriated by Section 7 (n) of this Act to the State Highway Department for highway construction and related construction purposes, shall be allocated by the State Highway Department to the following Capital Improvements Programs :

(a) General Highway Construction Program $ 6,484,000

(b) Construction of Buildings 174,000

(c) Non-Corridor Route Improvement Program 2,892,000

(d) Safety Improvements Program 600,000

(e) Intersection Improvements Program 200,000

(a) Traffic Signal Improvements Program 100,000

(a) Small Bridge Replacement Program 1,000,000

(i) Suburban Development Street Improvement Program 500,000

(j) General Minor Capital Improvements Program 100,000

(k) Advance Planning and Engineering Program 300,000

(1) Advance Right of Way Acquisition

Program 100,000

(m) Contingencies 1,500,000

TOTAL $14,450,000

Section 12. The moneys allocated in Section 11 of this Act shall be expended for highway construction or related purposes, notwithstanding they shall not be used for office supplies and materials or office equipment and furnishings.

Section 13. (a) The sum of $650,400 appropriated by Section 7 (o) of this Act to the State Board of Education for minor capital improvements, non-ordinary and non-recurring repairs to school buildings, or so much thereof as shall be necessary to carry out the purposes of this Act, shall be paid by the State Board of Education to the local districts as is provided in this section.

(b) The State Board shall establish criteria for the types of minor capital improvements and repairs which it will approve under this section. The State Board shall pay local districts only for the actual expenses of repairs and replacements of a capital nature which shall include but not be limited to the rebuilding or major repair of roofs, floors, heating systems, electrical, and plumbing or water systems and facilities. The State Board shall not pay school districts for ordinary or minor maintenance repairs such as repainting, replacing of broken glass, refinishing floors, or for other repairs of a temporary duration from the funds appropriated by this section. The State Board shall in any case, pay only 60% of the total costs of such capital improvements and repairs.

(c) Before any improvements or repairs authorized by this section are undertaken by any school district, the school district shall send a request to the State Board of Education which request shall itemize the improvements or repairs needed and show the estimated cost of each item. The State Board, using the criteria set forth in subsection (b) of this section, shall decide as to the right of payment to the local school district for show the estimated cost of each item. The State Board, using shall be final.

(d) In order to determine the right of payment to the school district under this section, the State Board, or its designated representative, shall:

(i) inspect the building or buildings to determine that the improvements or repairs requested by the school district are needed and are in accordance with the criteria set forth in subsection (b) of this section;

() provide necessary help to the school district for letting of bids on the repairs or replacements meeting the criteria;

(i) inspect the improvements or repairs upon completion to determine that all specifications have been met and that the work and materials used are of acceptable quality; and

(ii) pay the State's share of the cost of the improvements or repairs made by the school district in accordance with the provisions of this section after the improvements or repairs are accepted as meeting all specifications as to workmanship and materials.

(e) The State Board of Education shall, if and when the criteria established in this section are met, pay the school district for the school building repairs, except that the amount paid to each school district shall not be in excess of the amount shown opposite the name of the school district in the following table :

Name of District

Maximum Maximum Maximum

Amount State Share Local Share

Bridgeville No. 90

32,000

$ 19,200

$ 12,800

Claymont Special

119,000

71,400

47,600

Conrad, Henry C., No. 131

35,000

21,000

14,000

Delmar No. 163

15,000

9,000

6,000

Dickinson, John, No. 133

8,000

4,800

3,200

Dover Special

141,000

84,600

56,400

Alexis I. duPont Special

17,000

10,200

6,800

Alfred I. duPont, No. 7

98,000

58,800

39,200

Felton No. 54

6,000

3,600

2,400

Georgetown Special

25,000

15,000

10,000

Harrington Special

40,000

24,000

16,000

       

Laurel Special

22,000

13,200

8,800

Marshallton, No. 77

30,000

18,000

12,000

Middletown No. 60

61,000

36,600

24,400

Milford Special

15,000

9,000

6,000

Mount Pleasant Special

29,000

17,400

11,600

New Castle Special

28,000

16,800

11,200

Newport No. 21

22,000

13,200

8,800

Oak Grove No. 130

19,000

11,400

7,600

Rehoboth Special

10,000

6,000

4,000

Seaford Special

177,000

106,200

70,800

Smyrna Special

40,000

24,000

16,000

Wilmington

45,000

27,000

18,000

State Board of Education

50,000

30,000

20,000

TOTAL

$1,084,000

$650,400

$433,600

(f) Any school district may levy and collect a tax to pay their 40% share of the cost of the improvements and repairs authorized by this section. Such taxes shall be collected by local taxation within the school district according to the provisions set forth in Chapter 19, title 14, of the Delaware Code, except that no referendum shall be required.

(g) Any school district, as an alternate to the levy and collection of a tax to pay its 40% share as provided in (f) above, may authorize the issuance of bonds to pay its 40% share of the cost of the improvements and repairs authorized by this section, pursuant to Chapter 21, title 14, Delaware Code. In the event that such share is to be raised by the alternate method herein permitted the provisions of Section 7507, Chapter 75, title 29, Delaware Code, shall apply.

(h) The provisions of Chapter 75, title 29, Delaware Code, shall not apply to the improvements and repairs authorized by this section except for the applicability of Section 7507 of said chapter as provided in (g) above.

Section 14. All moneys appropriated by this Act shall be expended in accordance with the 1968 Annual Capital Projects Schedule as prepared by the State Planning Office on February 28, 1967, and approved by the Governor on March 15, 1967,

Section 15. Any funds borrowed pursuant to this Act and remaining unexpended after the completion of the programs authorized by this Act and any funds borrowed pursuant to this Act and remaining unexpended because a project authorized by this Act is not timely undertaken, shall be deposited in a special account and appropriated against future capital improvement bond requirements. Any federal funds received as reimbursement for funds appropriated by this Act other than the funds allocated and appropriated for highway construction purposes pursuant to Section 7 and Section 11 of this Act, shall be deposited in a special account and applied against future capital improvement bond requirements.

Section 16. None of the moneys appropriated by this Act shall be expended before July 1, 1967. None of the moneys appropriated by this Act shall be expended unless a contract for the expenditure of such moneys is entered into before July 1, 1970 and the actual work on the contract is commenced prior to July 1, 1970.

Section 17. No bonds or notes shall be issued or moneys borrowed on behalf of this State, pursuant to this Act, after June 30, 1973, except as provided iri Chapter 75, title 29, Delaware Code,

Section 18. This Act may be known, styled or referred to as the "Annual Capital Improvement Act of 1968".

Section 19. Notwithstanding the provisions of Section 14 of this Act, the appropriations for projects authorized by this Act which are not included in the 1968 Annual Capital Projects Schedule may be expended, except that in the case of appropriations for projects authorized in Section 8 of this Act such appropriations may be expended provided such projects were approved by the State Board of Education and submitted to the State Planner prior to February 28, 1967.

Section 20. No funds appropriated to the State Highway Department in Section 11 of this Act for 'Contingencies" shall be obligated or expended without the prior approval of the Budget Commission.

Section 21. None of the funds appropriated in this Act for highway construction purposes shall be used for the purpose of the construction of a By-pass near or around Dover which would form a part of U.S. Route 13, a continuous road which extends through a portion of the three counties of the State of Delaware.

Approved August 10, 1967.