CHAPTER 393

FORMERLY

SENATE BILL NO. 634

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 347, VOLUME 58, LAWS OF DELAWARE, ENTITLED, "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 THEREFORE AND APPROPRIATING THE MONIES TO VARIOUS AGENCIES OF THE STATE."

WHEREAS, the 126th General Assembly passed in a Special Session and Governor Peterson signed the Annual Capital Improvement Act of 1972; and

WHEREAS, the above-referenced Act included $1,619,000 (State Funds) for the construction of an elementary school; and

WHEREAS, on December 11, 1971, the referendum for this project was defeated by the voters of the New Castle Gunning Bedford School District; and

WHEREAS, due to declining enrollment, it is determined that there will be no need for an elementary school; and

WHEREAS, the renovation of the New Castle Middle School is an urgent and necessary project with an estimated cost of $2,500,000 ($1,500,000 State and $1,000,000 Local); and

WHEREAS, the State Treasurer maintains $1,619,000 (State Funds) as part of the State's bonded indebtedness as authorized but unissued bonds; and

WHEREAS, the Debt Service balance in the New Castle-Gunning Bedford School District account is sufficient to provide $1,000,000 in Local Funds (assuming a referendum passes) without a tax increase; and

WHEREAS, the Department of Public Instruction in its Certificate of Necessity for this project has authorized the construction of an elementary school; and

WHEREAS, the Department of Public Instruction to authorize the renovations to the Middle School will have to issue a revised Certificate of Necessity for this project.

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware (three fourths of all members elected to each House concurring therein):

Section 1. Amend Section 3 of Chapter 347,

Volume 58, Laws of Delaware, by adding thereto the following sentence: "The appropriation set forth in Section 10(g) is exempted from the provision of this Section; provided, however, that the project funded under Section 10(g) must have progressed into any or all of the following phases prior to July 1, 1976: Initial Engineering, Planning, Procurement, Construction."

Section 2. Amend Section 11 of Chapter 347,

Volume 58, Laws of Delaware, by adding thereto the following sentences: "The appropriation set forth in Section 10(g) is exempted from the provisions of §7503 and §7504, Chapter 75, Title 29, Delaware Code."

Approved May 14, 1976