Delaware General Assembly


CHAPTER 34

FORMERLY

HOUSE BILL NO. 74

AN ACT AUTHORIZING THE TRANSFER OF THE FREE PUBLIC LIBRARY OF THE SMYRNA SCHOOL DISTRICT KNOWN AS THE SMYRNA PUBLIC LIBRARY TO THE TOWN OF SMYRNA, PROVIDING THAT THE TOWN OF SMYRNA SHALL ASSUME THE OUTSTANDING OBLIGATIONS OF THE LIBRARY AND THE OBLIGATIONS OF THE SMYRNA SCHOOL DISTRICT AND ITS DISTRICT LIBRARY COMMISSION RELATING TO SUCH LIBRARY UPON THE TRANSFER THEREOF, AS AUTHORIZED BY CHAPTER 71 OF TITLE 14 OF THE DELAWARE CODE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. The District Library Commission heretofore established to serve the Smyrna School District is authorized to transfer the free public library of the Smyrna School District, known as the Smyrna Public Library, including any real or personal property of the library held by either the District or Commission, to the Town of Smyrna and the Town of Smyrna is authorized to acquire same. The effective date of said transfer shall be July 1, 1997.

Section 2. The said District and Commission have authority to transfer said library, together with its real and personal property, pursuant to Chapter 71 of Title 14 of the Delaware Code.

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

Section 4. The District Library Commission of the Smyrna School District shall be reconstituted as the Town of Smyrna Library Advisory Board and shall continue to advise the Town of Smyrna regarding the operation of such Library after its transfer to the Town of Smyrna until the terms of the present members of such Commission shall expire. As each member's term expires, the Mayor shall then appoint a successor with the advice and consent of the Town Council. After its transfer to the Town of Smyrna the Town shall administer and supervise the library as a department of the Town.

Approved May 22, 1997