CHAPTER 41

FORMERLY

SENATE BILL NO. 229

A CAPITAL IMPROVEMENT ACT OF THE STATE OF DELAWARE AUTHORIZING THE ISSUANCE OF OBLIGATIONS TO FINANCE THE RECONSTRUCTION AND RESURFACING OF ROADS AND BRIDGES, APPROPRIATING THE PROCEEDS TO THE DEPARTMENT OF TRANSPORTATION FOR APPLICATION TO SUCH PURPOSES, AND TEMPORARILY REVOKING CERTAIN AUTHORITY OF THE STATE AND THE DEPARTMENT OF TRANSPORTATION TO CONTRACT FOR CAPITAL IMPROVEMENTS PREVIOUSLY AUTHORIZED TO BE FUNDED PROM THE PROCEEDS OF OBLIGATIONS AND TO ISSUE BONDS WITH RESPECT THERETO.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-quarters of all members elected to each House thereof concurring therein):

Section 1. The State of Delaware hereby authorizes the issuance of $6,974,000 bonds to finance all or a portion of the cost of the projects set forth in the project schedule, attached hereto.

Section 2. The State hereby appropriates the proceeds of such obligations for application by the Department of Transportation to the costs incidental to the uses set forth in Section 5 of this Act, to include, but not be limited to, design, construction, repairing, remodeling, and inspection costs, but not for ordinary or normal maintenance expense of highways, bridges or other properties.

Section 3. None of the monies appropriated by this Act shall be encumbered after December 31, 1980, on any of the individual projects authorized unless contracts for construction have been awarded prior to December 31, 1980.

Section 4. The bonds authorized to be issued hereby shall mature not later than ten (10) years from their date of issuance, except, however, that bonds authorized for the Emergency Surface Treatment Program shall not mature later than five (5) years. No bonds, notes or other obligations shall be issued on or after December 31, 1980, to finance the costs of such projects except in an amount necessary to meet the costs of such projects incurred prior to December 31, 1980,

Section 5. The monies appropriated herein shall be expended by the Department of Transportation according to the following tabulation:

Emergency Paving and Rehabilitation Program

North District

$ 3,203,000

Central District

1,196,000

South District

1,075,000

State wide Contingency

500,000

Sub-Total

$ 5,974,000

Emergency Surface Treatment Program

 
 

$ 1,000,000

GRAND TOTAL

$ 6,974,000

Section 6. The monies allocated in Section 5 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. The monies authorized in Section 1 of this Act and allocated as Contingencies in Section 5 shall be accounted for by project.

a funding balance remaining upon completion, the Secretary may, with the approval of the Director of the Office of Management, Budget and Planning, transfer any surplus funds from that individual project listed herein to another such project within the same program.

Section 8. The Secretary shall make progress reports on the schedule of projects to the members of the 130th General Assembly. Such reports shall be delivered not later than September 14, 1979, June 1, 1980, and October 1, 1980.

Section 9. The State hereby pledges its faith and credit to the payment of the principal of and interest on any bonds, notes or other obligations issued pursuant to this Act. The Budget Appropriation Bills which shall be enacted by the General Assembly for each State fiscal year after the adoption of this Act shall contain under the debt service item provisions for the payment of principal of and interest on the bonds or other obligations and interest on any notes or other obligations issued in anticipation of the issuance of such bonds payable in each such fiscal year.

Section 10. The proceeds of obligations remaining unexpended after completion of the projects authorized by this Act or remaining unexpended because no costs for such projects (other than the costs of issuing obligations) have been incurred by December 31, 1980, shall be deposited in a special fund and applied, at the discretion of the State Treasurer with the prior approval of the Bond Issuing Officers, to the cost of other capital road projects authorized to be undertaken by the General Assembly, except that all previous actions notwithstanding, the unexpended money remaining In the contingency line on December 31, 1980, after all obligations against that line have been met for continuing contracts, shall revert to the Department of Transportation for use In the continuing Paving and Rehabilitation Program.

Section 11. Neither the State nor the Department of Transportation shall encumber or create a Hen or charge against the following "Project Account Codes" prior to July 1, 1979, unless the amount remaining unencumbered and against which no lien or charge shall have been created equals the following amounts for the following "Project Account Codes":

Volume and Chapter

Project Account Code

Amount

60-271

55-05-000-78-81

$ 2,500,000

60-691

55-05-000-77-81

1,500,000

61-376

55-05-000-78-80

500,000

61-408

55-05-000-79-80

2 474 000

$ 6,974,000

On or after the effective date of this Act and prior to July 1, 1979, no bonds, notes or other obligations shall be Issued by the State, its agencies or departments to provide funds to meet the cost of such projects.

Section 12. This Act shall take effect in the manner provided by law.

Approved May 14, 1979.