CHAPTER 249

FORMERLY

HOUSE BILL NO. 421

AN ACT TO AMEND VOLUME 23, LAWS OF DELAWARE, CHAPTER 92, AS AMENDED, RELATING TO THE COMPOSITION OF THE WILMINGTON SCHOOL TAX COMMISSION, THE SCHOOL TAX RATE AND THE POWERS AND DUTIES OF THE BOARD OF PUBLIC EDUCATION IN WILMINGTON.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the members of each House concurring therein):

Section 1. Amend Volume 23, Laws of Delaware, Chapter 92, Section 9, as amended by Volume 58, Laws of Delaware, Chapter 271, by striking the second paragraph in its entirety.

Section 2. Amend Volume 23, Laws of Delaware, Chapter 92, Section 11, as amended by Volume 57, Laws of Delaware, Chapter 367, by striking the words "the President of the Board of Public Education in Wilmington, and two (2) City Councilmen, not of the same political party, to be appointed by the Mayor." at the end of the first paragraph, and substituting in lieu thereof the words "and three (3) City Councilmen, not more than two (2) of whom shall be of the same political party, to be appointed by the Mayor.", and by striking the word and figure "two (2) " and substituting in lieu thereof the word and figure "three (3)" in the first sentence of the second paragraph.

Section 3. Amend Volume 23, Laws of Delaware, Chapter 92, Section 11, as amended by Volume 58, Laws of Delaware, Chapter 271, by adding the following sentence at the end of the third paragraph:

"Council may, however, decrease the school tax rate set by the Wilmington School Tax Commission."

Chapter 367 and Volume 58, Laws of Delaware, Chapter 271, by adding the following:

"The Board shall, on or before January 15 of each year, cause to be prepared and laid before them estimates of their probable revenue and expenses for the ensuing fiscal year, which estimates they shall lay before the Wilmington School Tax Commission on or before January 15. The estimates shall be supplied in the form prescribed by the Wilmington School Tax Commission. At the time of presenting to the Wilmington School Tax Commission said estimates of revenue and expenses, the Board shall in addition thereto include the amount necessary to be paid for interest on bonds in the following fiscal year, and also, when necessary, the amount required in that year for the retirement of bonds. The said Board, early in June in each year, after the City Council shall have made appropriation for the use of the public schools for the following fiscal year as herein provided, shall make the apportionment and appropriations for their expenditures for that year, based as nearly as may be, upon the estimates made by them in December previous, and such apportionment and appropriations shall be specified and arranged under the heads or items designated in said estimates. The Board shall have no power or authority except when specially authorized by act of the General Assembly to borrow money or contract or create any debt or liability except ordinary debts and liabilities incurred in executing the duties imposed on them by law, to be paid out of the said appropriation made by City Council and the receipts of the year for the time then current. No money shall be paid from the treasury of the Board unless the same shall have been appropriated as aforesaid.

All fiscal information supplied to the Wilmington School Tax Commission shall be made available to the Council in addition to any further information that the Council shall request.

Approved February 5, 1974.