CHAPTER 359

FORMERLY

SENATE BILL NO. 398

AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY IN THE RED CLAY CONSOLIDATED SCHOOL DISTRICT, KNOWN AS THE POPLAR AVENUE ELEMENTARY SCHOOL PROPERTY, TO THE TOWN OF ELSMERE, DELAWARE, WITH CERTAIN PROVISOES, AND WAIVING THE PROVISIONS OF SECTION 1057 OF CHAPTER 10, TITLE 14, DELAWARE CODE.

WHEREAS, the Poplar Avenue Elementary School, property of the Red Clay Consolidated School District, is no longer being utilized as an educational institution; and

WHEREAS, the Town of Elsmere presently leases the building from the Red Clay Consolidated School District for a Town Hall; and

WHEREAS, the Town of Elsmere has expressed an interest in purchasing said property for the sum of $40,000; and

WHEREAS, the existing Poplar Avenue Elementary School was originally purchased in five separate parcels; the deeds for these parcels being recorded in Deed Records T-83-754, T-83-756, T-83-762, T-83-775 and M-88-345 in the New Castle County Recorder of Deeds Office; and

WHEREAS, any asbestos abatement that the building may require for health, safety and welfare of the public who may be using the facility will be fully assumed by the Town of Elsmere; and

WHEREAS, before said property can be duly transferred to the Town of Elsmere the Red Clay Consolidated School District Board of Education must, by resolution, authorize the transfer of said property to the Town of Elsmere; and

WHEREAS, under the provisions of Section 1057, Title 14, Delaware Code, the corpus of special funds must be used to either retire bonds issued by the district or to meet the district's local share of construction required by any school construction bond authorization act as defined in Chapter 75, Title 29, Delaware Code; and

WHEREAS, the Red Clay Consolidated School District Board of Education would like to waive the provisions of §1057, Title 14, Delaware Code, thus earmarking and transferring the proceeds of $40,000 from the sale of said property to the district's local capital funds account or to a special funds account established for a specific educational purpose for capital improvements as may be determined by the Red Clay Consolidated School Board of Education.

NOW, THEREFORE

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

Section 1. Notwithstanding any other provisions of the Delaware Code to the contrary, the Red C)ay Consolidated School District Board of Education is hereby authorized and empowered to transfer and convey said property, known as the Poplar Avenue Elementary School, the metes and bounds thereof being more fully set foth in deeds recorded in the New Castle County Recorder of Deeds Office in Deed Records T-83-754, T-83-756, T-83-762, T-83-775, and M-88-345 to the Town of Elsmere, Delaware under the following provisions:

Before said property shall be transferred and conveyed to the Town of Elsmere, Delaware that the Red Clay Consolidated School District Board of Education approve same by official resolution, recorded in the official minutes of the Board meeting.

That any asbestos abatement required of said property for the public's health and safety be fully assumed by the Town of Elsmere.

(3) That the provisions of §1057, Chapter 10, Title 14, Delaware Code, be waived, allowing the $40,000 proceeds from the sale of said property to be placed into the district's local funds capital account or a special funds account established for a specific educational purpose for capital improvements as may be determined by the Red Clay Consolidated School District Board of Education.

Section 2. The Red Clay Consolidated School District Board of Education is hereby authorized and empowered to execute and deliver to the Town of Elsmere a good and sufficient deed of said property to the Town of Elsmere, contingent upon compliance with all the requirements specifically stipulated in Section 1 of this Act.

Approved July 10, 1992.