CHAPTER 259

FORMERLY

HOUSE BILL NO. 640

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENT AND EXPENDITURE IN THE NATURE OF CAPITAL INVESTMENT AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONTY TO THE STATE BOARD OF EDUCATION

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 State Board of Education the sum of $1,345,000 for construction of the Glasgow Vocational-Technical High School in Newark, or so much thereof as may be necessary for carrying out the purposes of this Act, which sum shall be in addition to the $8,000,000 previously authorized and appropriated for said purpose.

Section 2. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in 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 ordinary or normal maintenance expense.

Section 3. None of the monies appropriated by this Act shall be expended after June 30, 1976, unless the project has progressed into any or all of the following phases prior to July 1, 1976: Initial Engineering, Planning, Procurement, Construction.

Section 4. The said sum of $1,345,000 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.

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 sums of money appropriated and allocated for school construction purposes pursuant to Section 1 of this Act shall be expended in accordance with the provisions of this Act, and Chapter 75, Title 29, Delaware Code.

Section 8. No money appropriated and allocated by this Act for school construction purposes pursuant to Section 1 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.

Section 9. (a) In compliance with §7526 of Title 29, Delaware Code, the State Board of Education shall allocate such portions of the total appropriation for the total cost of the school construction authorized by Section 1 hereof as shall be necessary to provide for the customary audit function, but in no event, shall such allocation exceed one-half percent of such total cost. The State Auditor of Accounts shall be responsible for arranging the audit function in accordance with §2906 and §2907 of Title 29, Delaware Code.

(b) In compliance with §7526 of Title 29, Delaware Code, the State Board of Education shall allocate such portions of the total appropriation for the total cost of school construction authorized by Section 1 hereof as shall be necessary to provide for the customary supervision (construction inspection services), but in no event shall such allocation exceed one percent of such total cost.

(c) In contracting for the supervision (construction inspection services) as prescribed in Section 9 (b) hereinabove, the State Board of Education shall give first preference to an experienced Delaware organization, able to, and offering to provide quality service on a "non-profit, at cost" basis, and in so contracting it shall not be subject to the bidding laws as prescribed by Chapter 69, Title 29, Delaware Code. If no such organization is able to or is willing to offer to perform such specialized service on such "non-profit, at cost" basis, then the State Board of Education may contract for such services with profit making organizations on a bid basis as prescribed by Chapter 69, Title 29, Delaware Code.

Section 10. Any funds borrowed pursuant to this Act and remaining unexpended after the completion of the project authorized by this Act and any funds borrowed pursuant to this Act and remaining unexpended because the project authorized by this Act is not timely undertaken, shall be deposited in a special account and appropriated against future capital improvement bond requirements.

Section 11. No bonds or notes shall be issued or monies borrowed on behalf of this State, pursuant to this Act, after June 30, 1978, except as provided in Chapter 75, Title 29, Delaware Code.

Section 12. No bonds or notes shall be issued or sold, or monies borrowed on behalf of this State, pursuant to this Act, without the full guarantee to the buyer that the State of Delaware is an equal opportunity employer.

Section 13. This Act may be known, styled or referred to as the "Glasgow Vocational-Technical High School Construction Act".

Approved February 5, 1974.