Delaware Code Title 29 Sec. 7510 – Certificate of necessity
(a) When the Secretary of Education has prepared the proposed annual major capital improvement program budget the Secretary shall certify the necessity for same to the State Treasurer together with the amount of the total cost, the state share and the local share, if any, as authorized by any school construction bond authorization act and shall send a copy of such certification to the State Auditor of Accounts and the Director of the Office of Management and Budget and the board of education of such school district. Upon the receipt by the State Treasurer of the certification of said determination, the said school construction program shall be deemed to be authorized, and this chapter and any school construction bond authorization act for the issuance of state and local bonds to provide funds for school construction programs shall be in full force and effect with respect to such school construction program; provided, however, that, except in cases where a local share is not required by any school construction bond authorization act, such school construction program shall not be carried out until the local share shall have been deposited with the State Treasurer. The issuing officers may at any time after the State Treasurer receives such certificate proceed to issue bonds or notes of the State to provide the funds for the state share thereof, whether or not the requisite local share shall have been actually deposited with the State Treasurer, but the proceeds of said bonds or notes shall not be expended until the requisite local share shall have been so deposited.
Terms Used In Delaware Code Title 29 Sec. 7510
- Bonds: means any bonds authorized to be issued by the State pursuant to a school construction bond authorization act. See Delaware Code Title 29 Sec. 7501
- Local share: means the sum of money specified in any school construction bond authorization act to render permissible the use of the state share for school construction within the particular school district. See Delaware Code Title 29 Sec. 7501
- Notes: means anticipation notes issued by the State in anticipation of the issuance of bonds. See Delaware Code Title 29 Sec. 7501
- School construction: includes , but is not limited to, the acquisition, construction, reconstruction, alteration, remodeling or enlargement of school buildings, the acquisition or installation of apparatus or equipment or educational supplies suitable for the use of such buildings, the acquisition of machinery necessary for the maintenance of such buildings or school grounds, the acquisition of land required as sites for such buildings, or for playgrounds, including land or rights in land needed to provide access to sites and to provide suitable playgrounds, and the grading or other improvements of such sites, land or rights in land, including the construction of sidewalks where authorized by law, the construction of any sewers or water mains needed to connect such buildings to any publicly owned sewer system or water system, the acquisition of temporary buildings or facilities for school purposes to be used until such time as permanent school buildings or facilities shall become available. See Delaware Code Title 29 Sec. 7501
- School construction bond authorization act: means an authorization act of the General Assembly concurred in by 3/4 of all the members of each House, authorizing, among other things, the issuance of bonds and the appropriation of the proceeds thereof to finance school construction. See Delaware Code Title 29 Sec. 7501
- School district: means a reorganized school district, or any newly created school unit or area for which no board has been appointed or elected at the time of the effective date of any school construction bond authorization act or any area which the State Board of Education shall determine to be the area served by any school facility which is referred to in any school construction bond authorization act and for which there is specified no local share. See Delaware Code Title 29 Sec. 7501
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- State share: means that maximum sum of money which may be paid from state sources for school construction in a particular school district as provided in any school construction bond authorization act. See Delaware Code Title 29 Sec. 7501
- Total cost: means the maximum sum or sums of money which may be spent for school construction under a particular school construction bond authorization act in a particular school district, provided that nothing contained in this chapter shall prevent any school district from increasing said total cost by providing a larger amount from local sources than that stated as that district's local share, nor prevent the acceptance and use of any funds appropriated by the Congress of the United States for these purposes. See Delaware Code Title 29 Sec. 7501
(b) Instead of issuing bonds, as hereinabove provided, the State may pay its share of the total cost by using gifts or any other money on hand which are not required by law to be used for some other purpose.
29 Del. C. 1953, § ?7509; 54 Del. Laws, c. 345; 57 Del. Laws, c. 440, § ?4; 59 Del. Laws, c. 205, § ?7; 71 Del. Laws, c. 378, § ?118; 74 Del. Laws, c. 367, § ?19; 75 Del. Laws, c. 88, § ?21(13);