CHAPTER 63 - APPROPRIATION - HENRIK J. KREBS SCHOOL
AN ACT APPROPRIATING CERTAIN MONEY FOR HENRIK J. KREBS SCHOOL, AT NEWPORT, DELAWARE, FOR REPAIRS, REPLACEMENTS AND COMPLETION OF CERTAIN NEW ADDITIONS TO SAID SCHOOL AND FOR SALARIES FOR NEW TEACHERS FOR SAID NEW ADDITION.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members elected to each branch thereof concurring therein):
Section 1. For the purpose of aiding in the construction of new school buildings, for repairs, replacements and completion of certain new additions, the acquisition of new school equipment for Henrik J. Krebs School District No. 21, Newport, in New Castle County, the sum of One Hundred Thousand Dollars ($100,000.00) be and the same is hereby appropriated to the State Board of Education to be made available for the use and in aid of a school building program for said School District, upon condition, nevertheless, that said Henrik J. Krebs School District No. 21, Newport, in New Castle County, shall contribute a like sum of One Hundred Thousand Dollars ($100,000.00) as hereinafter provided toward the payment of said school building program; provided, however, that the State appropriation hereby made shall not be available unless the Board of School Trustees of Henrik J. Krebs School District No. 21, Newport, in New Castle County, shall have paid the said sum of One Hundred Thousand Dollars ($100,000.00) to the State Treasurer as hereinafter provided on or before June 30, 1946.
Section 2. For the purpose of making effective the provisions of Section 1 of this Act in so far as it relates to administering the said school building program contemplated by this Act, and in so far as the provisions of Chapter 206, Volume 36, Laws of Delaware are not in conflict with this Act, said provisions of said Chapter 206 shall be given full force and effect as if fully set forth herein; provided that any conflict which may arise shall be submitted to and resolved by the decision of the Governor; and further provided that membership upon any School Building Commission which is provided for by election in said Chapter 206 is hereby amended, for the purpose of this Act only, to authorize the Governor to appoint three members on said Commission and to authorize the designation of two members on said Commission from among and by the members of the State Board of Education.
Section 3. The Henrik J. Krebs School District No. 21 in Newport, New Castle County, is hereby authorized and empowered to borrow the sum of One Hundred Thousand Dollars ($100,000.00) and to issue bonds on the credit of said School District for said amount to carry out the said school building program of said School District, in accordance with, and as provided 15y, Article 11 of Chapter 71 of the Revised Code of Delaware, 1935.
Section 4. If the said School District shall through its Board of School Trustees within five months after the approval of the school building improvements therein, pay to the State Treasurer the full amount required as its contribution to the cost of the School building improvements therein, the State Board of Education shall direct the School Building Commission to proceed with the work necessary to accomplish such school building improvement, and the appropriation by the State as herein provided shall then be made available.
Section 5. The moneys paid to the State Treasurer by the said Board of School Trustees of said School District as its contribution to the cost of the school building improvement in said District under the provisions of this Act shall be deposited by the State Treasurer in the Farmers Bank of the State of Delaware in a special account to be known as the "School Building Account for Henrik J. Krebs School District No. 21 in Newport, New Castle County". Said moneys shall be devoted to the cost of the construction of new school buildings, for repairs, replacements and completion of certain new additions, the acquisition of new school equipment and shall be withdrawn by the check or order of the State Treasurer.
SectiOn 6. The School Building Commission shall, when and as funds are required and made available (and not until then) for the payment of the expenses of said Commission, its engineers, architects or other employees, or for the cost of the construction of new school buildings, for repairs, replacements and completion of certain new additions, the acquisition of new school equipment and for payment of salaries of new school teachers for said new building additions, or as otherwise provided by this Act, draw warrants on the State Treasurer for the moneys required signed by the Chairman or Vice-Chairman and attested by the Secretary or Acting Secretary of said Commission, and deliver the same to the State Auditor, who shall thereupon deliver them to the State Treasurer, and the State Treasurer shall pay the same. In paying warrants as aforesaid, the School Building Commission shall designate what portion of said cost shall be paid by the State Treasurer out of the special account "School Building Account for Henrik J. Krebs School District No. 21 in Newport, New Castle County" and what portion thereof shall be paid out of the State appropriation herein provided.
Section 7. In the event that all or any part of said sum hereby appropriated shall remain unexpended on June 30, 1946, it shall not revert to the General Fund of the State Treasury but shall remain available for said purposes until said school building program shall have been completed, even though the completion of said program shall extend beyond June 30, 1947.
Section S. That the Governor and the State Treasurer and the Secretary of State of the State of Delaware herein sometimes referred to as the "issuing officers", are hereby authorized, fully empowered and directed, to borrow upon the faith and credit of the State of Delaware a sum of money not in excess of One Hundred Thousand Dollars ($100,000.00) to be used for the purpose of providing the State appropriation hereinabove mentioned, and to issue bonds therefor.
Section 9. That the said bonds, issued in accordance with the provisions of Section 8 of this Act, shall be a direct general obligation of the State, and the public faith and credit of the State is hereby expressly pledged for the full and complete payment of the debt, principal and interest. The principal and interest of the said bonds shall be exempt from taxation by the State or by any political subdivision thereof, for any purpose whatsoever.
Section 10. That the said bonds shall be signed in the name of the State of Delaware by the Governor, the Secretary of State, and the State Treasurer, and shall have the great seal of the State impressed thereon. Attached interest coupons shall be authenticated by the signature or facsimile signature of the State Treasurer. The said bonds may be issued notwithstanding that any of the officers signing them or whose facsimile signature appears on the coupons shall have ceased to hold office at the time of such issue or at the time of the delivery of said bonds.
Section 11. That the said bonds shall recite that they are issued for the purpose set forth in Section 1 of this Act, and that they are issued in pursuance of this Act and the constitution of this State, and such recital shall be conclusive evidence of the authority of the State to issue said bonds and of their validity. Any such bonds containing such recital shall, in any suit, action or proceeding involving their validity, be conclusively deemed to be fully authorized by this Act and to have been issued, executed and delivered in conformity herewith, and shall be incontestable for any cause.
Section 12. That the said bonds shall be in such form and in such denomination and may contain such other and further recital and be subject to such terms and conditions, with such privileges as to registration, conversion, reconversion, redemption and exchange, and may contain such other provisions, as may be determined by the said "issuing officers."
Section 13. That the said bonds shall bear interest payable semi-annually at a rate of interest not exceeding two and one-half per centum (21/2%) per annum.
Section 14. That the said bonds shall mature as the "issuing officers" may determine; provided, however, that the principal amount of said bonds shall be made to fully mature within ten (10) years from the date of issue thereof.
Section 15. That all money received from the sale of the said bonds of the State of Delaware authorized under the provisions of this Act shall be deposited by the' State Treasurer in a special fund, at the Farmers Bank of the State of Delaware at Dover to be known as the "School Building Account for Henrik J. Krebs School District No. 21 in Newport, New Castle County", as provided in Section 6 hereof, and shall be used exclusively for the purpose set forth in this Act.
Section 16. This Act shall be known as a Supplementary Appropriation Act and the moneys hereby appropriated shall be paid out of the General Funds of the State Treasury not otherwise appropriated.
Approved April 24, 1945.