CHAPTER 395

FORMERLY

HOUSE BILL NO. 269

AN ACT AUTHORIZING AND APPROVING THE TRANSFER OF CERTAIN REAL PROPERTY IN THE INDIAN RIVER SCHOOL DISTRICT, KNOWN AS THE GUMBORO ELEMENTARY SCHOOL PROPERTY, TO THE GUMBORO VOL. FIRE CO., WITH CERTAIN PROVISIONS AND WAIVING THE PROVISIONS OF SECTION 1057 OF CHAPTER 10, TITLE 14, DELAWARE CODE.

WHEREAS, the Gumboro Elementary School property of Indian River School District, is no longer being utilized as an educational institution; and

WHEREAS, the Indian River School District Board of Education at its December 17, 1996 meeting, declared the Gumboro School to be surplus property effective June 30, 1997 by a vote of 9-0; and

WHEREAS, the Gumboro Vol. Fire Company has expressed an interest in said property for a multi-community based facility, hopefully to serve the entire populace of the area; and

WHEREAS, before said property can be duly transferred to the Gumboro Vol, Fire Co The Indian River School District Board of Education must, by resolution, authorize the transfer of said property to the Gumboro Vol. Fire Co.; and

WHEREAS, the Indian River School District Board of Education would like to waive the provisions of 1057, Title 14, Delaware Code, thus transferring said property to the Gumboro Vol Fire Co. for the consideration of one dollar ($1.00) is hereby specifically approved; and

WHEREAS, the Gumboro School was originally purchased by the county Board of Education in 1920 and recorded in the office for the Recording of Deeds, etc. at Georgetown in and for the said county of Sussex in Deed Record #220, Page 504 on the 10th day of March A.D. 1920 between Oliver V. James and Verda E. James, his wife of Gumboro, parties of the first part; and the County Board of Education of Sussex County, party of the second part, for the sum of five hundred dollars; 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 Gumboro Vol. Fire Company.

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 Indian River School District Board of Education is hereby authorized and empowered to transfer and convey said property, known as the Gumboro School, the metes and bounds thereof being more fully set forth in the Deed recorded in Sussex County Recorder of Deeds office in Deed Record No. 220, Page 504, to the Gumboro Volunteer Fire Company under the following conditions:

(1) Before said property shall be transferred and conveyed to the Gumboro Vol. Fire Company that the Indian River School District Board of Education approve same by official resolution, recorded in the official minutes of the Board meeting.

(2) That any asbestos abatement required of said properly for the public's health, .safety, and welfare be fully assumed by the Gumboro Vol. Fire Company.

(3) That the provisions of §1057, Chapter 10, Title 24, Delaware Code, be waived and the transfer and conveyance of the Gumboro School real property to the Gumboro Vol. Fire Company for the consideration of one dollar (S1.00) is hereby specifically approved.

Section 2. The Indian River School District Board of Education is hereby authorized and empowered to execute and deliver to the Gumboro Vol. Fire Co. a good and sufficient deed of said property to the Gumboro Vol. Fire Company, contingent upon compliance with all the requirements specifically stipulated in Section I. of this Act.

Approved July 9, 1998