CHAPTER 469

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 $55,974,800 or so much thereof as may be necessary for carrying out the purposes of this Act, 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 $55,974,800 or so much thereof as may be necessary for carrying out the purposes of this Act, 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 1969."

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:

(a) State Highway Department--

Communications Division $ 292,000

(b) Department of Correction 4,128,000

(c) Custodian of the State House 967,000

(d) State Distribution Agency 20,000

(e) State Forestry Department 65,000

(f) Board of Game & Fish Commissioners 150,000

(g) Home and Hospital for the Chronically Ill at Smyrna 384,000

(h) State Board of Health--Emily P. Bissell Hospital 33,000

(i) Lewes Memorial Commission 18,000

() Department of Mental Health 170,000

(d) State Highway Department-Motor Vehicle Division 500,000

(1) State Park Commission 483,000

(m) Public Archives Commission 948,000

(n) State Highway Department--State Police Division 550,000

Youth Services Commission 30,000

(o) Budget Commission -- Sussex County

Education Facilities for Mentally Retarded L000,000

Center at Newark 600,000

(r) Budget Commission 150,000

() Delaware State College 340,000

(a) University of Delaware 4,200,000

(b) Delaware Institute of Technology 120,000

(c) State Board of Education for construction or

improvement of school facilities as more particularly

set forth in Section 8 of this Act 15,679,000

(d) State Highway Department for construction

or improvement of highways and highway

related facilities as more particularly set forth in

Section 11 of this Act 23,700,000

(x) State Board of Education for the cost of minor

capital improvements, non-ordinary and non-recurring

repairs to school facilities as more particularly set forth

in Section 13 of this Act 754,800

(y) Delaware Soil and Water Conservation

Commission 400,000

(x) State Highway Department--State Police

Training Academy 293,000

TOTAL $55,974,800

Section 8. The sum of $15,679,000 appropriated by Section 7 (v) 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

State Share

Local Share

(a)

Alexis I. duPont Special

$ 4,491,000

$ 2,328,000

$ 2,163,000

(b)

Alfred I. duPont *7

3,423,000

2,054,000

1,369,000

(c)

Caesar Rodney Special

2,722,000

1,633,000

1,089,000

(d)

New Castle Special

4,741,000

2,845,000

1,896,000

(e)

Newark Special

8,073,000

4,967,000

3,106,000

(f)

Stanton #38

2,982,000

1,789,000

1,193,000

(g)

Sussex County Vocational

     
 

Technical Center

63,000

63,000

0

 

TOTAL

$26,495,000

$15,679,000

$10,816,000


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 Farmers Bank credits interest on deposits of other state monies in said Bank and each individual disbursement during the project construction shall be assumed to have been disbursed 60% from the State Share and 40% from the Local Share or in such other ratio as evidenced by the listing in Section 8 hereof.

Section 11. The sum of $23,700,000 appropriated by Section 7 (w) 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 $11,827,000

(b) Construction of Buildings 113,000

(c) Non-Corridor Route Improvement Program 5,110,000

(d) Safety Improvements Program 500,000

(e) Intersection Improvements Program 200,000

(f) Traffic Signal Improvements Program 150,000

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

(h) Dirt Road Improvement Program 1,000,000

(i) Suburban Development Street

Improvement Program 400,000

(i) Suburban Development Street Improvement

Program 1,500,000

(k) General Minor Capital Improvements Program 100,000

(1) Advance Planning and Engineering Program 200,000

(m) Advance Right-of-Way Acquisition Program 100,000

(n) Contingencies 1,500,000

TOTAL $23,700,000

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

Section 13. (a) The sum of $754,800 appropriated by Section 7 (x) 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 any improvements or repairs, and the decisions of the State Board 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;

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

(iii) 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

(iv) 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

Amount

Maximum

State Share

Maximum

Local Share

1.

Arden No. 3

$4,000

$2,400

$1,600

2.

Bedford, Gunning, Jr. No. 53

21,000

12,600

8,400

3.

Bridgeville No. 90

15,000

9,000

6,000

4.

Claymont Special

21,000

12,600

8,400

5.

Clayton, John M. No. 97

17,000

10,200

6,800

6.

Conrad, Henry C. No. 131

50,000

30,000

20,000

7.

De Le Warr No. 47

16,000

9,600

6,400

0.

Delmar No. 163

24,000

14,400

9,600

1.

Dickinson, John No. 133

24,000

14,400

9,600

10.

Dover Special

31,000

18,600

12,400

11.

duPont, Alexis I. Special

26,000

15,600

10,400

12.

duPont, Alfred I. No. 7

83,000

49,800

33,200

13.

Georgetown Special

10,000

6,000

4,000

14.

Greenwood No. 91

12,000

7,200

4,800

15.

Harrington Special

31,000

18,600

12,400

16.

Houston No. 125

8,000

4,800

3,200

 

0.

Laurel Special

20,000

12,000

8,000

1.

Lewes Special

28,000

16,800

11,200

2.

Lincoln No. 3

13,000

7,800

5,200

3.

Magnolia No. 50

2,000

1,200

800

4.

Marshallton No. 77

110,000

66,000

44,000

5.

Middletown No. 60

20,000

12,000

8,000

6.

Milford Special

35,000

21,000

14,000

7.

Millsboro No. 23

38,0uu

22,800

15,200

8.

Milton No. 8

14,000

8,400

5,600

9.

Mount Pleasant Special

89,000

53,400

35,600

10.

New Castle Special

7,000

4,200

2,800

11.

Newark Special

63,000

37,800

25,200

12.

Newport No. 21

9,000

5,400

3,600

13.

Oak Grove No. 130

15,000

9,000

6,000

14.

Odessa No. 61

7,000

4,200

2,800

15.

Rehoboth Special

15,000

9,000

6,000

16.

Richardson Park No. 20

18,000

10,800

7,200

34.

Rodney, Caesar Special

7,000

4,200

2,800

35.

Seaford Special

137,000

82,200

54,800

36.

Selbyville No. 32

7,000

4,200

2,800

37.

Smyrna Special

48,000

28,800

19,200

38.

Stanton No. 38

28,000

16,800

11,200

0.

Wilmington

35,000

21,000

14,000

35.

State Board of Education

100,000

60,000

40,000

 

TOTAL

$1,258,000

$754,800

$503,200

(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 monies appropriated by this Act shall be considered to be in compliance with and shall be expended in accordance with the intent of the 1969 Annual Capital Projects Schedule as prepared by the State Planning Office on February 28, 1968, approved by the Governor on March 1, 1968, and as further amended hereby.

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 funds that shall accrue to any school district in this State from the Treasury of the United States for building purposes shall be deposited in the State Treasury and shall be allocated by the State Board of Education to the school district for which the funds are appropriated. The said funds shall be in addition to any other local share and/or state share.

Section 16. None of the monies appropriated by this Act shall be expended before July 1, 1968. None of the monies appropriated by this Act shall be expended after June 30, 1971 unless a contract for the work is entered into and actual work is commenced prior to June 30, 1971.

Section 17. No bonds or notes shall be issued or monies borrowed on behalf of this State, pursuant to this Act, after June 30, 1974, except as provided in Chapter 75, title 29, Delaware Code.

Section 18. This Act may be known, styled or referred to as the "Annual Capital Improvement Act of 1969".

Section 19. 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 20. 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.

Section 21. None of the funds appropriated in 'his Act to the Department of Corrections shall be used for the purpose of establishing or constructing Dairy Facilities at its Smyrna Institution or elsewhere.

Section 22. None of the funds appropriated in this Act for highway construction purposes shall be used for the purpose of the construction of the New Alignment -- Frederica to Camden Highway.

Approved August 12, 1968.