CHAPTER 158

FORMERLY

HOUSE BILL NO. 713

AN ACT AUTHORIZING THE TRANSFER OF THE FREE PUBLIC LIBRARY OF THE CAPITAL SCHOOL DISTRICT KNOWN AS THE DOVER PUBLIC LIBRARY TO THE CITY OF DOVER, PROVIDING THAT THE CITY OF DOVER SHALL ASSUME THE OUTSTANDING OBLIGATIONS OF THE LIBRARY AND THE OBLIGATIONS OF THE CAPITAL SCHOOL DISTRICT AND ITS DISTRICT LIBRARY COMMISSION RELATING TO SUCH LIBRARY UPON THE TRANSFER THEREOF AND AUTHORIZING THE CITY OF DOVER TO LEVY, ASSESS AND COLLECT A LIBRARY TAX.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all the members elected to each House thereof concurring therein):

Section 1. The Capital School District, formerly known as the Dover School District and the District Library Commission established in said District is authorized to transfer the free public library of the Capital School District, known as the Dover Public Library, including any real or personal property of the library held by either the District or Commission, to the City of Dover and the City of Dover is authorized to acquire the same.

Section 2. The authority of said District and Commission to transfer said library, together with its real and personal property, shall be contingent upon the Commission requesting an exemption from Section 6(a) and (b), Chapter 480, Volume 59, Laws of Delaware in accordance with the provisions of Subsection (c) of Section 6, Chapter 480, Volume 59, Laws of Delaware. If such Commission does not request and qualify for said exemption, the provisions of this Act shall become null and void.

Section 3. Upon the transfer of such free public brary as herein authorized all the outstanding obligations of such library and all outstanding obligations of the Capital School District and its District Library Commission relating to such library or operations thereof shall be assumed by and become the obligation and responsibility of the City of Dover.

Section 4. In the event such library is transferred to the City of Dover, as herein authorized, the City of Dover is authorized and empowered to levy, assess and collect a library tax on real property located within the City and to impose and collect a penalty for non-payment of such tax.

Section 5. The District Library Commission of the Capital School District shall continue to administer and supervise the operation of such library after its transfer to the City of Dover until the term of the present members of such Commission shall expire. Upon the expiration of the terms of all the present members of such Commission, the administration and supervision of such library shall be vested in the City of Dover or in such Board or agency as the City of Dover shall establish.