CHAPTER 371

AN ACT MAKING AN APPROPRIATION TO ALFRED I. DU PONT SCHOOL DISTRICT #7, FOR THE PURPOSE OF CONSTRUCTING SIDEWALKS AND ACQUIRING THE NECESSARY RIGHTS-OF-WAY THEREFOR WITHIN THE SCHOOL DISTRICT AT SPECIFIED LOCATIONS.

WHEREAS, on July 1, 1966, Governor Charles L. Terry, Jr. with great reluctance vetoed House Bill No. 610 enacted by the 123rd General Assembly, due to its failure to meet statutory requirements; and

WHEREAS, the Governor in his veto message stated, "Let no one assume from this veto that I am opposed to the announced purposes of this legislation. Certainly the sidewalks must be built and I will not in the future hesitate to sign a properly drawn bill where the proper procedures have been followed. The safety of school children, and indeed all Delawareans, is one of the responsibilities that weighs upon me heavily. I certainly hope the citizens of the Alfred I. duPont District will proceed with a referendum approving funds for their share of the sidewalk construction so that the 124th General Assembly will not delay authorizing the State of Delaware share"; and

WHEREAS, the policy of the State Board of Education established on February 27, 1967, precludes approval of off-school site sidewalks for inclusion in School Construction Bond Authorization Acts; and

WHEREAS, pursuant to the provisions of Section 2305 of Title 14, Delaware Code, the Board of School Trustees of the Alfred I. duPont School District #7 has made a careful examination of the transportation facilities, the frequency of exposure to traffic hazards and the possible existence of mechanical hazards which might affect the safety of pupils in the district and has determined the need for sidewalks leading to certain school sites as hereinafter set out; and

WHEREAS, the State Highway Department and the State Board of Education after reviewing and considering the factors

required by the provisions of Section 2305 of Title 14, Delaware Code, have indicated their approval in writing of this program for the construction of sidewalks leading to these school sites; and

WHEREAS, an increase in recent vehicular accidents causing extremely serious injuries to children of this area creates an acute emergency; Now, therefore,

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

Section 1. The sum of $177,426 is hereby appropriated to the Alfred I. duPont School District #7 for the purpose of constructing sidewalks within the Alfred I. duPont School District #7 and acquiring the necessary rights-of-way therefor.

Section 2. The Alfred I. duPont School District #7 prior to the expenditure of any moneys appropriated herein shall supplement the sum appropriated herein in the amount of $118,284 no later than July 1, 1969, by means of a bond issue properly authorized and sold under the provisions of Chapter 21, Title 14, Delaware Code; otherwise the sum appropriated herein shall revert to the General Fund. No other funds appropriated by the State of Delaware to the Alfred I. duPont School District #7 shall be used for the purposes set forth in this Act.

Section 3. The funds appropriated herein shall be used to construct the approximate linear footage of sidewalk at each location as shown below and for acquiring the necessary rights-of-way therefor at the following locations:

I. Silverside Road

(a) Northerly side, from Shipley Road to Faulk Road 6,400 feet

(b) Southerly side, from Shipley Road to existing sidewalk

toward Concord Pike 1,300 feet

II. Shipley Road

(a) Westerly side, Naaman's Road to existing

sidewalks at Longwood 7,380 feet

(b) Westerly side, Silverside Road to existing sidewalk

below Springer Junior High 2,450 feet

(c) Westerly side, from existing sidewalk, north of Parkside

Drive, to existing sidewalk north of Shellpot Creek 775 feet

(d) Westerly side, from Foulk to Wilson Roads 1,600 feet

(e) Easterly side, from Naaman's to Wilson Roads 15,400 feet

III. Foulk Road

(a) Easterly side from opposite Bedford Road,

Deerhurst to Marleton Drive, Graylyn Crest 12,370 feet

(b) Westerly side

(1) from Bedford Road to Lone Acre Road, Deerhurst 750 feet

from existing sidewalk north of Fairfax Boulevard,

Fairfax to Oak Lane Road 500 feet

(2) from existing sidewalk north of Penarth Drive to

existing sidewalk south of Foulk Woods Road,

Foulk Woods 1,480 feet

IV. Connecting Sidewalks

(a) Wynnwood to Lancashire at Decatur Road 300 feet

(b) Holiday Hills to Lancashire, Jamaica Dr.

to Innwood Road 400 feet

(c) Bodine Drive, Chalfonte to Hanby School 500 feet

(d) Sadler Lane to Faulk School 600 feet

V. Murphy Road

(e) North side from Inglewood Road to By

brook Road, Fairfax 2,500 feet

(f) Southerly side from Bedford Road to

Jackson Boulevard, Deerhurst 900 feet

55,605 feet

(or 10.531 miles)

Section 4. Any funds hereby appropriated that remain uncommitted on July 1, 1970, shall revert to the State.

Section 5. This Act shall be known as a Supplementary Appropriation Act and the Funds hereby appropriated shall be out of the General Fund of the State Treasury from other funds not otherwise appropriated.

Approved June 28, 1968.