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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FOURTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1967
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, February 6, A. D.
1968
PART II
VOLUME LVI
CHARLES PRINTING CO., WILMINGTON, DELAWARE
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 56 - Part 2 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Charles Printing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-FOURTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 3, A. D. 1967 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, February 6, A. D. 1968 PART II VOLUME LVI CHARLES PRINTING CO., WILMINGTON, DELAWARE CHAPTER 293 AN ACT ESTABLISHING AND CONCERNING A DEPART-MENT OF HOUSING, CONFERRING UPON IT CERTAIN DUTIES AND POWERS IN THE FIELD OF HOUSING, ALSO ESTABLISHING A STATE BUREAU OF HOUS-ING WITHIN THE DEPARTMENT OF HOUSING, CON-FERRING UPON IT CERTAIN DUTIES IN THE FIELD OF HOUSING, ALSO ESTABLISHING A STATE HOUS-ING AUTHORITY WITHIN THE DEPARTMENT OF HOUSING, CONFERRING UPON IT CERTAIN DUTIES AND POWERS IN THE FIELD OF HOUSING, PROVID-ING FOR STATE FINANCIAL ASSISTANCE IN THE FIELD OF HOUSING, ESTABLISHING A HOUSING DE-VELOPMENT FUND AND MAKING A SUPPLEMEN-TARY APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Chapter 41 of Title 31, Delaware Code, is hereby repealed in its entirety. Section 2. The word "Board" wherever it appears in Chap-ter 43 and 45 of Title 31, Delaware Code, is hereby stricken and the word "Bureau" is substituted therefor. Section 3. Sections 4314, 4315 and 4316 of Chapter 43, Title 31, Delaware Code, are hereby repealed in their entirety and in lieu thereof a new Section 4314 is hereby added to read as follows : § 4314. Supervision of projects by the department Whenever any project of any agency including public or private organizations or corporations is financed in whole or in part by the State of Delaware pursuant to the provisions of Chapter 40, Title 31, Delaware Code, the Secretary may : (1) Order any agency undertaking or operating a project to make, at its expense, such repairs and improvements as will 1025 1026 Chapter 293 preserve or promote the health and safety of the occupants of buildings and structures owned or operated by such agency. Order all such agencies to do such acts as may be neces-sary to comply with the provisions of the law, the rules and regulations adopted by the Secretary or by the terms of any project approved by the Secretary, or to refrain from doing any acts in violation thereof. Examine all such agencies and keep informed as to their general condition, their capitalization and the manner in which their property is constructed, leased, operated or managed. By his duly authorized agents, enter in or upon and inspect the property, equipment, buildings, plants, offices, ap-paratus and devices of any such agency, examine all books, con-tracts, records, documents and papers of any such agency and by subpoena duces tecum issued by the Bureau, compel the pro-duction thereof. In his discretion prescribe uniform methods and forms of keeping accounts, records and books to be observed by such agencies and to prescribe or order accounts in which particular outlays and receipts shall be entered, charged or credited. Require every such agency to file with the Bureau an annual report setting forth such information as he may require verified by the oath of a duly authorized representative of the agency. Such report shall be in the form, cover the period and be filed at the time prescribed by the Secretary. The Secretary may further require answers to questions upon which he or the Bureau may desire information and may also require such agency to file periodic reports in the form covering the period at the time prescribed by the Secretary. From time to time make, amend and repeal rules and regulations for carrying into effect the provisions of this Chap-ter. Section 4, Part III, Title 31, Delaware Code, entitled "Hous-ing and Slum Clearance" is amended by adding thereto a new Chapter to read : Chapter 293 1027 CHAPTER 40. DEPARTMENT OF HOUSING SUBCHAPTER 1. DEFINITIONS; PURPOSE AND CONSTRUCTION § 4001. Definitions As used in this Chapter, unless a different meaning appears from the context "Area" shall mean the State of Delaware. "Assistant Secretary" means the Assistant Secretary of Housing. "Authority" means a public body corporate or politic, or-ganized in accordance with the provisions of chapter 43 or 45 for a purpose, with the powers and subject to the restrictions set forth in those Chapters including a community exercising the powers and duties of a Slum Clearance and Redevelopment Authority ; provided, however, that "Authority" shall not mean the Delaware State Housing Authority. "Bonds" mean any bonds (including refunding bonds), notes, interim certificates, debentures, or other obligations issued by the Delaware State Housing Authority pursuant to this chap-ter. "Bureau" means the State Bureau of Housing. "Community" means any municipality or county in this State. "Community facilities" includes lands, buildings and equip-ment for recreation or social assembly, for educational, health or welfare activities and other necessary utilities primarily for use and benefit of the occupants of housing accommodations to be constructed and operated under this chapter. "Conservation" means the preservation of any area or sec-tion of a community, and the supervision and care of such area or section, to prevent the reoccurrence or spread of slum condi-tions or conditions of blight. "Department" means the Department of Housing. "Governing Body" means the city council, town council, commissioners, or other legislative body charged with governing a 1028 Chapter 293 the municipality or county council or levy court commissioners or other legislative body charged with governing the county. "Government" includes the State and Federal Governments, and any subdivision, agency or instrumentality, corporate or otherwise, or either of them. "Housing Authority" means any public body created by or pursuant to chapter 43. "Issuing Officers" or "Issuing Officer" means the Secretary of Housing and the Assistant Secretary of Housing. "Obligee" includes any bondholder, agents or trustees for any bondholders, or lessor demising to the property of the State Authority used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the State Authority. "Persons of low or moderate income" means persons or fam-ilies who lack the amount of income which is necessary, as deter-mined by the authority undertaking a project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. "Public body" means the State or any municipality, county, township, board, commission, authority, district, or any other subdivision or public body of this State. "Real property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, inter-est and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. "Secretary" means the Secretary of Housing. "State Authority" means the Delaware State Housing Au-thority, created by Section 4050 of this Chapter. "State Commissioner" means one of the members of the State Bureau of Housing. "Workable program" means an official community plan of action for using local public and private resources to eliminate Chapter 293 1029 and prevent slums and blight, and to guide the community's orderly growth and development. § 4002. Purpose; construction It shall be the purpose and intent of this Chapter to establish the means whereby the full resources of this State can be used and applied in a coordinated and integrated manner to solve or assist in the solution of problems arising from unsani-tary or unsafe dwelling accommodations as well as slums, blight-ed and deteriorated areas throughout the State, which cause an increase in and spread of disease and crime and constitute a men-ace to the health, safety, morals and welfare of the residents of the State and impair economic values ; to promote the clearance, planning, replanning and redevelopment of slums as well as other areas in which unsanitary or unsafe housing conditions exist; to promote the rehabilitation or conservation of blighted and de-teriorated areas including areas in which such unsanitary or un-safe housing conditions exist; to prevent the further develop-ment of slums or blighted or deteriorated areas; to provide housing accommodations to satisfy the existing acute shortage of decent, safe and sanitary housing available either at low ren-tals, purchase or otherwise which persons and families of low and moderate income, elderly persons and veterans including those who will be returning home from Vietnam can afford ; to provide a source where the housing and construction industry and local governments may obtain information on the nature and availability of Federal assistance for housing and community development programs and new trends which are evident from development in these fields ; to assist the State Planning Office and other state, local and regional planning authorities in the preparation and implementation of comprehensive plans and programs for rural and urban housing and improvement of hous-ing in this State; and to coordinate the housing and urban re-newal and redevelopment activities of State Agencies, and other public agencies and private bodies with such responsibilities within the State. The department shall, in addition to the other powers and duties invested in it by this act, or by any other law, assist in the coordination of State and Federal activities relating to housing, slum clearance, urban and rural relocation, redevelop-ment and renewal activities of municipal, county, and regional 1030 Chapter 293 agencies and authorities ; advise and inform the Governor on the affairs and problems relating to housing, slum clearance, urban and rural relocation, redevelopment and renewal and make rec-ommendations to the Governor for proposed legislation pertain-ing thereto ; encourage cooperative action by municipal and county governments, including joint service agreements and regional cooperation ; study the entire field of housing, slum clearance, urban and rural relocation, redevelopment and re-newal in the State; collect, collate, publish and disseminate in-formation necessary to the effective operation of the department, including data and information required to advise the housing and construction industry and municipal, county and regional agencies or authorities of available State and Federal Services and programs for Housing and community development pro-grams; to stimulate municipal, county, and regional activities in the fields of housing, slum clearance, urban and rural redevelop-ment and renewal through publicity, education and guidance; recommend, implement and enforce a Statewide housing code as may be necessary to develop workable programs for community improvements. Whenever the Department determines that a need for housing accommodations or services for low and moderate in-come persons or families, for elderly persons or veterans, exists in either urban or rural areas which is not being met, the Depart-ment shall undertake to supply such accommodations or services as soon as possible in such manner as the Department deems best through the activities of the State Housing Authority or through direct assistance pursuant to the provisions of Subchap-ter V of this Chapter. This part shall be construed according to the fair im-port of its terms and shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provision involved. SUBCHAPTER II. ORGANIZATION AND ADMINISTRATION § 4003. Establishment of a Department of Housing There shall be a Department of Housing within the govern-ment of this State which shall consist of the Secretary of Hous-ing, a Bureau of Housing, a State Housing Authority. Chapter 293 1031 § 4004. Secretary of the department The administrator and head of the department shall be a Secretary of Housing, who shall be a person qualified by training and experience to perform the duties of his office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve on a full time basis at the pleasure of the Governor and until the appointment and qualification of the Secretary's successor. The Governor shall set the salary of the Secretary of Housing, which shall not exceed $25,000 per year. § 4005. Assistant secretary of the department The Governor shall appoint, upon written recommendation of the Secretary of Housing and with the advice and consent of the Senate, an Assistant Secretary of Housing who shall be a person qualified by training and experience to perform the duties of his office. The Assistant Secretary of Housing shall be the Chairman of the Bureau of Housing and shall perform such other duties as the Secretary of Housing may direct. The Assist-ant Secretary of Housing shall serve on a full time basis and, in the absence of the Secretary of Housing, shall be the head of the Department. The Governor shall set the salary of the Assist-ant Secretary of Housing, which shall not exceed $20,000 per year. SUBCHAPTER III. JURISDICTION; POWERS AND DUTIES § 4006. The secretary may- 1. Develop, revise and maintain a State comprehensive plan for the coordination, development and improvement of housing accommodations or services for low and moderate income persons or families or for elderly persons and for slum clearance, urban and rural redevelopment and renewal programs. This shall be done in cooperation with any municipal, county, regional plan-ning, housing, renewal or rehabilitation agency or authority and in cooperation with the assistance and review of the State Plan-ning Office ; 1032 Chapter 293 Develop programs designed to promote the clearance, re-planning and redevelopment of slums as well as other areas in which unsanitary or unsafe housing conditions exist; Develop programs to promote the rehabilitation or con-servation of blighted and deteriorated areas including areas in which unsanitary and unsafe housing conditions exist; Develop programs to prevent the further development of slums, or blighted or deteriorated areas ; Develop programs to provide housing accommodations-or services either at low rentals or purchase or otherwise for per-sons and families of low income, elderly persons and for veterans ; Assist municipal, county and regional governmental bod-ies in the development and establishment of workable programs for community improvement for the purpose of qualifying for Federal assistance; Coordinate the activities of the State Housing Authority with the activities of municipal, county and regional housing, renewal and rehabilitation agencies and authorities to furnish housing accommodations or services either at low rentals or purchase or otherwise for persons and families of low or moder-ate income, and for elderly persons as the public need may re-quire after a public hearing on the need for such accommodations or services ; Assist in the coordination of State and Federal activities relating to housing, slum clearance, urban and rural relocation, redevelopment and renewal activities of municipal, county and regional agencies and authorities ; Promote and encourage cooperative action by municipal and county governments, including joint service agreements, regional compacts and other forms of regional cooperation in the fields of housing, slum clearance and rural and urban redevelop-ment and rehabilitation ; Inquire into the utilization of state resources in, and study the entire fields of housing, slum clearance, urban and rural redevelopment and renewal in the State and collect, collate, pub-lish and disseminate information necessary to the effective opera-tion of the department, including data and information required Chapter 293 1033 to advise the housing and construction industry and municipal, county, and regional agencies and authorities of available State and Federal services and programs in those fields; Otherwise stimulate municipal, county and regional ac-tivities in the field of housing, slum clearance, urban and rural redevelopment and renewal, through publicity, education and guidance; Cooperate with intra or interstate commissions and au-thorities, county governing bodies, State departments, councils, bureaus, commissions, and other State Agencies, appropriate Federal agencies, municipalities, and with interested private in-dividuals and organizations in the coordinating of plans and policies for promoting and developing housing, slum clearance and urban and rural relocation, rehabilitation and renewal ac-tivities; Employ, in his discretion, planning, architectural and engineering consultants, attorneys, accountants, construction, and financial experts and consultants, superintendents, man-agers, and such other officer, employees and agents as may be necessary in his judgment; Call to the assistance of the Bureau the services of such employees of any Federal or State agency as it may require to conduct its investigative powers and as may be available for such purpose ; Delegate any of his powers and duties, except those of an issuing officer, to employees or other agencies of the Depart-ment; Create and appoint members of advisory boards; Supervise the activities of the Bureau of Housing; and Enter into any and all agreements or contracts on behalf of the State of Delaware and or the State Housing Authority, ex-ecute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the im-plementation or the purposes of this Chapter or to carry out any power or duty given in this Chapter. 1034 Chapter 293 § 4007. The secretary shall- Direct the Department's operations ; Recommend to the General Assembly for enactment and enforcement of a State Housing Code or from time to time any provisions or amendments thereto; Make an annual report to the Governor and the General Assembly of the Department's operations; and render such other reports as may be required by law ; Make and enforce regulations to effectuate the purposes of this Act ; Determine the terms and conditions for the allocation and grant of State funds authorized by this Act. SUBCHAPTER IV. THE STATE BUREAU OF HOUSING § 4015. Composition; appointments; terms; vacancies There shall be a State Bureau of Housing within the Depart-ment of Housing, referred to in this Chapter as the "Bureau", which shall consist of the Assistant Secretary of Housing, who shall serve as Chairman, and six members, together with the pro tempore citizen members of the former State Board of Hous-ing as set forth in Section 9 hereof. The members of the Bureau shall each be appointed by the Governor, upon written recom-mendation of the Secretary of Housing, from among the residents of this State, who have demonstrated an interest in slum clear-ance, urban and rural development, and the promotion of bet-ter housing to serve at the pleasure of the Governor, and shall serve until the appointment of a successor. In the case of any vacancy on the Bureau, for whatever reason, such vacancy shall be filled by the Governor, upon written recommendation of the Secretary of Housing. The Chairman of the Bureau shall direct the Bureau's opera-tions and shall perform such other duties as the Secretary may direct. The duties and responsibilities of the Bureau as more par-ticularly set forth in this subchapter shall be at all times exer- Chapter 293 1035 cised under and subject to the supervision and direction of the Secretary. The Secretary may assign to employment in the Bu-reau such secretarial, clerical and other assistants in the Depart-ment as the internal operation of the Bureau shall require, and for such purposes as he shall consider necessary. § 4016. Meetings; quorum; by-laws The Bureau shall meet at least once each month at the call of the Secretary or the Assistant Secretary in the Secretary's absence and more often if necessary, and three members shall constitute a quorum for the transaction of business. The Bureau may adopt such by-laws as may be necessary to govern their proceedings. § 4017. Compensation and expenses of members No member other than the Assistant Secretary shall receive any compensation whether in the form of salary, per diem al-lowances or otherwise, for or in connection with his services as a member of the Bureau. Each member shall, however, be en-titled to reimbursements, to the extent of appropriations or other funds available therefor, for any necessary expenditures in con-nection with the performance of his duties. § 4018. Employees and expenses The Secretary may assign to the Bureau such assistants or employees and authorize them to make such reasonable expenses as may be necessary to carry out the provisions of this chapter. § 4019. Powers and duties of bureau The Bureau may with the approval of the Secretary : Study housing conditions and needs throughout the State to determine in what areas congested and unsanitary hous-ing conditions constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens of the State; Prepare programs for correcting such conditions; Collect and distribute information relating to housing ; Investigate all matters affecting the cost of construction or production of dwellings ; 1036 Chapter 293 Study and cooperate with other State regional and local agencies in the study of means of lowering rents of dwellings, including recurring economy in the construction and arrange-ment of buildings; providing of social services and homemaking programs, methods of repair, securing low-interest financing, use of modern development approaches, and tenant participation in the operation of housing; Cooperate with local housing officials and planning commissions or similar bodies in cities and other localities in the development of projects, which may be at any time under con-sideration; Encourage community organizations to assist in initiat-ing housing projects for low income or moderate income persons, urban and rural rehabilitation, redevelopment, and slum clear-ance projects as provided in Chapters 43 and 45, and to encour-age and study means for making homeownership available to low and moderate income families ; Encourage research in demonstration projects to de-velop new and better techniques and methods for increasing the supply of housing for low income or moderate income persons or families ; Undertake and carry out studies and analyses of hous-ing needs within the state and ways of meeting such needs in-cluding compilation of data with respect to population and fam-ily groups and the distribution thereof according to income groups, the amount and quality of available housing and its dis-tribution to rentals and sales prices, employment, wages and other factors affecting housing needs and the Bureau thereof; and make the results of such studies and analyses available to the public and the housing and supply industries ; and engage in research and disseminate information on housing; Survey and investigate the housing conditions and needs, both urban and rural, throughout the State and make recommendations to the Secretary as to legislation allocation of assistance under Subchapter V herein and other measures neces-sary or advisable to alleviate any existing or projected housing shortage in the state for his recommendation to the Governor and the Legislature ; Chapter 293 1037 Cooperate with the State Housing Authority in the development and implementation of housing projects including recommendations as to housing needs, assistance of staff per-sonnel, and providing material and information on housing needs and requirements in Delaware; Assist communities to develop and carry out work-able programs for community improvements. § 4020. Investigative powers; power to compel assistance of witnesses and production of books The Bureau may investigate the affairs of housing au-thorities and all urban renewal and rehabilitation activities by municipal, county and regional agencies and authorities, and the dealings, transactions, or relationships of such authorities with other persons. The Bureau may act through a committee of its members in conducting any of the investigations provided for in this chapter and the chairman of any such committee shall have all the powers of the Bureau. Each member of the Bureau may administer oaths, take affidavits and make personal inspec-tions of all places to which their duties relate. The Bureau may subpoena and require the attendance of witnesses and the pro-duction of books and papers pertaining to the investigations and inquiries authorized in this chapter and examine them in rela-tion to any matter it has power to investigate, and issue com-missions for the examination of witnesses who are out of the State or unable to attend before the Bureau are excused from attendance. The Bureau may hold hearings at such places and at such times as shall be determined by the Bureau to hear com-plaints on housing by any aggrieved person as contemplated by this Chapter. The procedure outlined in subsection (a) shall apply to such hearings. Written reports shall be rendered in all cases to the Secretary within 10 days after such hearing. Notice of complaint by any aggrieved person shall be in writing stating the nature thereof and may be made to any member of the Bureau. Upon the failure of any person to comply with a sub-poena duly issued by the Bureau, the Bureau may seek an order from the Superior Court of the County in which the person sub- 1038 Chapter 293 poenaed resides, has a place of business or can be found to show cause why that person should not be held in contempt for failure to comply with the subpoena. § 4021. State Housing Code The Bureau shall recommend to the Secretary for his recommendation to the General Assembly pursuant to §4007. (2), after notice and public hearings, a statewide housing code to fully implement the policies and activities in the field of housing as contemplated by this chapter. The code shall contain such rules and regulations as may be necessary to establish and de-velop workable programs for community improvements whenever and wherever they are needed to qualify for Federal assistance. The administrative procedures relative to the times, places, and extent of said hearings shall be within the province of the Bureau. Such State Housing Code shall be drafted to have effect in all areas of the State of Delaware where either a hous-ing code does not exist or does not comply with the standards and provisions of the State Housing Code and such other codes, rules and regulations to establish and develop workable pro-grams for community improvements whenever and wherever they are needed to qualify for Federal assistance. It shall also provide that whenever a municipal or county housing code or regulation exists, the Bureau shall determine (1) its effective-ness, (2) its compliance with the State Housing Code. Such a determination shall create a presumption of compliance in any judicial or administrative proceeding. § 4022. Enforcement of State Housing Code; establishment of office of Housing Code Enforcement There is established, within the Department an Office of Housing Code enforcement to function directly under the supervision of the Secretary to carry out and enforce the pro-visions of the State Housing Code. The office shall be staffed with necessary personnel, including inspectors, as may be determined by the Bureau. Chapter 293 1039 SUBCHAPTER V. STATE FINANCIAL ASSISTANCE § 4030. Financial assistance for preparation of community ac-tion plans Any community may prepare a community development action plan which shall, to the extent feasible and appropriate, include the elements of a workable program for community im-provement which shall include but not be limited to an official plan of action, as it exists from time to time, for effectively deal-ing with the problem of urban slums and blight within the com-munity and for the establishment and preservation of a well planned community with well-organized residential neighbor-hoods of decent homes and suitable living environment for ade-quate family life, for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of slums and urban blight, to encourage needed urban rehabilita-tion, to provide for redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforesaid activities or other feasible community activities as may be suitably employed to achieve the objectives of such a program. A community development action plan shall be submitted to the regional or local planning agency, if any exists, for the planning area in which a community preparing such plan is situated. Said regional or local planning agency shall render an advisory opinion on such plan within sixty days of the referral of such plan and shall provide written copies of such opinion to the referring community and the Secretary. A community shall submit its community development action plan to the Secretary for approval. In order to receive State financial assistance under any provision of this Subchapter a community shall prepare a pro-gram for the preparation of a community development action plan. Such program shall include, among other things, (1) a genera/ description of the physical, economic and human resource characteristics of the community, including the known physical economic and human resource, problems and needs of the com-munity and identifying potential physical, economic and human resource needs and programs; (2) a schedule of work to be un-dertaken to assure the timely preparation of the community de-velopment action plan within the initial two-year period; (3) a 1040 Chapter 293 description of the means by which such community proposes to complete the community development action plan, including, but not limited to, the name of the official, board, commission, or agency designated to undertake the completion of the community development action plan and the names of independent contrac-tors, if any, who have been or may be engaged to assist it in such preparation, or a request to the Secretary for such assistance, and shall contain a commitment to comply with the requirements of Section 6 of this Act. Such program shall be approved, and the undertaking of the community development action plan au-thorized, by the governing body of the community prior to the submission of the program to the Secretary for his approval. Progress reports on the preparation of the community develop-ment action plan shall be submitted to the Secretary at intervals of not less than six months commencing from the date of ap-proval of the first application for state assistance under this act. The community development action plan shall be submitted to the Secretary for his approval within twenty-four months after the date of approval of such first application. If such community development action plan is not submitted to the Secretary and approved by the Secretary within twenty-four months after the date of approval of such first application, or the community does not show progress in the preparation of such community develop-ment action plan satisfactory to the Secretary within twelve months after such date, the State shall thereafter make no fur-ther payments of financial assistance or advances-in-aid of any program, project or activities in such community pursuant to the provisions of this act until such progress is shown or such plan is prepared by the community and approved by the Secretary; provided that the Secretary may grant a community an exten-sion of time for preparing and securing his approval of such plan when the Secretary determines such extension to be in the best interest of the State and of the people of such community. § 4031. Financial assistance for redevelopment and urban re-newal projects (a) The State, acting by and in the discretion of the Secre-tary may enter into a contract with a community acting by its redevelopment agency, for state financial assistance for a re-development or urban renewal project under Chapter 46 of Title 31, Delaware Code, as amended, in any redevelopment or urban Chapter 293 1041 renewal area in such community as defined in said chapter 45; provided such project shall have been approved for surveys and plans by the federal Department of Housing and Urban Develop-ment under the Federal Housing Act of 1949, as amended. Such contract shall provide for financial assistance by the State equal to one-half of the amount by which the net cost of the project, as determined by the Secretary, exceeds the federal grant-in-aid thereof. § 4032. Financial assistance for demolition of unsafe structures and urban beautification The State, acting by and in the discretion of the Secre-tary, may enter into a contract with a community for State finan-cial assistance for the demolition of unsafe structures which under State or local law have been determined to be structurally unsound or unfit for human habitation and which such commu-nity has authority to demolish. Such contract shall provide State financial assistance equal to (1) two-thirds of the net cost of the demolition as approved by the Secretary of (2) where the demo-lition is financed under the Federal Housing Act of 1949, as amended, one-half of the amount by which the net cost of the demolition, as approved by the Secretary exceeds the federal grant-in-aid thereof. The State, acting by and in the discretion of the Secre-tary may enter into a contract with a community for State finan-cial assistance for programs of urban beautification ; provided such programs shall have been approved by the federal Depart-ment of Housing and Urban Development under the Federal Housing and Urban Development Act of 1965, as amended. Such contract shall provide for state financial assistance in the form of a state financial assistance equal to one-half of the amount by which the net cost of the program as approved by the Secretary exceeds the federal grant in aid thereof. § 4033. Financial assistance for development of neighborhood facilities and community services The State, acting by and in the discretion of the Secretary may enter into a contract with a community for State financial assistance in developing neighborhood facilities for carrying out programs of health, recreational, social or similar community services ; provided such project will have been approved by the federal Department of Housing and Urban Development under the Federal Housing and Urban Development Act of 1965, as amended. Such contract shall provide for State financial assist-ance equal to one-half of the amount by which the net cost of the project as approved by the Secretary exceeds the federal grant-in- aid thereof. § 4034. Non-profit housing development corporation A non-profit housing development corporation may qualify for assistance under section 4035 of this subchapter provided; (1) it shall be organized for purposes other than to make a profit or gain for itself and shall not be controlled or directed by per-sons or firms seeking to derive profit or gain therefrom; (2) it shall provide housing as defined in this section. As used in this section, the term "housing" means housing acquired, or constructed, or rehabilitated and (1) leased under section 221 (D3) of the Federal Housing Act of 1961, as amended, to families and individuals eligible for rent supplements under the Federal Housing and Urban Development Act of 1965, as amended ; or (2) sold under section 221 (h) of the Federal Hous-ing Act of 1961, as amended; or (3) sold or leased to or under a contract with a housing authority under the provisions of the Federal Housing Act of 1937 as amended ; or (4) sold or leased under any provisions of any statute of the United States or this State which restricts ownership or occupancy to families or in-dividuals whose incomes do not exceed limits prescribed by such statute or by regulatory agreement. § 4035. Financial assistance to community housing develop-ment corporation The State, acting by and in the discretion of the Secretary may enter into a contract with a non-profit housing development corporation for State financial assistance in the form of a state financial assistance equal to the cost of the non-profit housing development corporation, as approved by the Secretary, of de-veloping low income housing under section 4034 of this sub-chapter but limited to the following expenses : (1) appraisals, title searches, legal fees, option agreements, architectural, engi- 1042 Chapter 293 Chapter 293 1043 neering and consultants' fees, financing fees, closing costs and such other expenses as may be financed by a mortgage loan under any federal or state housing statute incurred by a non-profit housing development corporation prior to the disbursement of mortgage loan funds on account of such property; provided, to the extent such expenses are recovered by the non-profit housing development corporation from the mortgage loan, such expenses shall be repaid to the State; (2) the costs of land in excess of the appraised value ; (3) the administrative and overhead costs of such corporation; (4) the costs of an information program in connection with such housing; (5) the costs of a social services program in connection with the low income housing program; and (6) such other reasonable costs related to the development of such housing as may be approved by the Secretary. § 4036: Financial assistance for social and supplementary services Any housing authority or non-profit housing corporation may prepare and submit to the Secretary for approval a program of social and supplementary services and project rehabilitation and improvement for any or all housing projects within the juris-diction of such housing authority or corporation. Such program shall include the estimated costs of the services, rehabilitation and improvement and the method and staff required to carry out such program. After approval of such program by the Secre-tary, the State acting by and in the discretion of the Secretary may enter into a contract with the housing authority or non-profit housing corporation conditioned upon the housing authority, non-profit housing or corporations performing the program ap-proved. Such contract shall provide for State financial assistance equal to one-half the cost of such program. § 4037. Financial assistance for relocation The State, acting by and in the discretion of the Secretary, may enter into a contract with a community for State financial assistance equal to the cost of relocating individuals, families, business concerns and farms displaced by governmental action who have been reimbursed for moving costs in a condemnation proceeding and who are not otherwise reimbursed or entitled to reimbursements by the federal government or the State. Such 1044 Chapter 293 contract shall provide for financial assistance by the State equal to the cost of relocation as determined by the Secretary. When-ever used in this section "governmental action" means any action by any agency, board, commission or department of the State or any community or any public authority which causes the dis-placement of any individual family, business concern or firm; "business concern" means a corporation, partnership, individual, or other private entity, concern, corporate or otherwise, includ-ing a non-profit organization engaged in some type of business, professional or institutional activity necessitating fixtures, equip-ment, stock in trade or other tangible property for the carrying on of the business, profession or institution; "farm" means a parcel of land or parcels of land operated as a single unit, which is used for production of one or more agricultural commodities for sale and home use and which customarily produces or is capable of producing such commodities in sufficient quantity to contribute materially to the operator's support, including the operation of stock, dairy, poultry, fruit, fur-bearing animal and truck farms, plantations, ranches, nurseries, ranges and green-houses or other similar structures used primaily for raising agri-cultural or horticultural commodities; "moving expenses" means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storing, transporting, unloading, reinstalling and re-connecting of personal property, exclusive of the cost of any additions, improvements, alterations or other physical changes in or to any structure in connection with affecting such reassem-bly, reconnection or reinstallation. The amount of relocation assistance paid in accordance with the provisions of this section shall not exceed two hundred and fifty dollars for any individual or family or twenty-five thousand dollars for any business con-cern or farm. The chief executive officer of the community shall administer the relocation assistance as authorized herein to all persons, families, business concerns or farms displaced by gov-ernmental action in such community and may authorize any municipal agency, board, commission or department to prepare a relocation plan for individuals, families, business concerns and farms to be displaced by the proposed governmental action, and to file such plan with the Secretary. Upon approval of the plan by the Secretary, the community shall be authorized to expend such funds as may be necessary to accomplish the purposes of this section. The Secretary shall make payment to such commu- Chapter 293 1045 nity for the purpose of defraying the reasonable cost of preparing and carrying out the provisions of this section, in an amount equal to the actual cost incurred by such community for reloca-tion assistance and local cost of administration, provided the amount of such payment for other than administrative costs shall not exceed two hundred and fifty dollars for any individual or family or twenty-five thousand dollars for any business con-cern or farm. The Secretary shall review the scope and adequacy of all relocation assistance offered in Delaware by any public body, for any individual, family, business concern or farm dis-placed by governmental action where such displacement and re-location is not reviewed by a federal agency or another State agency, to assure that adequate relocation assistance is available to all individuals, families, business concerns and farms displaced by governmental action in the State, including assistance from public and private social service agencies for displaced families and individuals suffering from problems of deprivation and pov-erty. No payment for moving expenses shall be made under the provisions of this section to any person, family, business concern or farm unless the Secretary is satisfied that such person, family, business concern or farm has moved to a location within the State. § 4038. Financial assistance for community plan for develop-ment (a) The State, acting by and in the discretion of the Secre-tary may enter into a contract with a community for State finan-cial assistance equal to two-thirds of the cost of developing or up-dating community plans of development. The Secretary shall as-sure that any planning performed by any community with State financial assistance under this section shall be adequate to meet the standards and criteria of the federal Urban Planning Assist-ance Program administered by the federal Department of Hous-ing and Urban Development and such other federal planning criteria for such other federal programs as may be appropriate. No State financial assistance shall be made under this section unless federal funds for the purposes described herein are not available, as determined by the Secretary, at the time of appli-cation for such State financial assistance ; provided, if federal funds subsequently become available for the same purpose for which State financial assistance had been granted, the community shall repay the Secretary from such federal funds an amount 1046 Chapter 293 equal to such State financial assistance, if, under federal law, such federal funds may be so used, or the Secretary may apply to the United States for and accept such funds as reimbursement for such State financial assistance. The Secretary may in his discretion make advances of funds to communities for up to eighty per cent of the costs, as approved by the Secretary of surveys and planning in prepara-tion of any project, program or activity for which State financial assistance is provided under this act, and the contracts for such advances of funds shall require that such advances shall be re-paid to the State if the community receives funds for the pur-poses of this subsection from a source other than the State. The State, acting by and in the discretion of the Secre-ary may enter into a contract with a community to pay eighty percent of the costs, approved by the Secretary for preparation, review or revision, of community development action plan as de-scribed in subsection (a) of section 4030 of this subchapter. The State, acting by and in the discretion of the Secre-tary, may enter into a contract with a housing authority or two or more housing authorities acting jointly for technical assist-ance and financial assistance in the form of a State grant-in-aid not to exceed two-thirds of the cost of conducting housing sur-veys and research as approved by the Secretary and as author-ized in chapter 43, Title 31, Delaware Code. SUBCHAPTER VI. ESTABLISHMENT OF STATE HOUSING AUTHORITY § 4050. Composition; appointment; term, vacancy There is hereby created in the Department of Housing a Public Corporation of perpetual duration to be called the "Dela-ware State Housing Authority." The provisions of Chapter 43 of Title 31, Delaware Code, shall apply to the State Authority and to its projects as fully as such provisions apply to a housing au-thority created by section 4303 of that Chapter and to its hous-ing projects; provided, however, that the State Authority shall not be subject to sections 4303, 4305, 4306, 4314, 4317, 4318 of Title 31, Delaware Code. Chapter 293 1047 The State Authority shall exercise all its powers and func-tions by and through the Secretary. The Secretary may assign to employment within the Au-thority such employees as deemed necessary to carry out its as-signed duties and functions. § 4051. Authority to contract for labor or materials The State Authority shall contract for labor or materials (except labor or materials used in the maintenance or operation of projects) pursuant to the manner prescribed in Chapter 69, Title 29, for Departments and other agencies of the State Gov-ernment. § 4052. Seal of The State Housing Authority The State Authority shall have a corporate seal in the form of a circle bearing the arms of the State in the center and the name of the Authority in the border. All deeds, contracts or other obligations, certificates, or other instruments executed, in-cluding bonds which are provided for in Section 4055, made or issued on behalf of the Authority, shall bear the signature of the Secretary and have impressed, or imprinted thereupon, the seal of the Authority, or facsimile thereof, and when so appear-ing shall be conclusively presumed in any judicial action or pro-ceeding the valid act and deed of the authority. The presumption set forth in this provision shall also apply to all bonds executed pursuant to the provisions of section 4054 of this sub-chapter. § 4053. Powers of the State authority The State Authority, in addition to its other powers, shall have power, notwithstanding anything to the contrary contained in this chapter or in any other provision of law: (a) To exercise any or all of the powers conferred upon it, either generally or with respect to any specific housing project or projects, through or by an agent or agents which it may desig-nate including any corporation or corporations which are or shall be formed under the laws of this State, and for such purposes the authority may cause one or more corporations to be incorporated under the laws of this State or may acquire the capital stock of any corporation or corporations. Any corporate agent, all of 1048 Chapter 293 the stock of which shall be owned by the State Authority or its nominee or nominees, may to the extent permitted by law exer-cise any of the powers conferred upon the State Authority herein, conferred upon it by the State Authority as agent. To fund the operation of any agents it may designate or any authority by advancing moneys appropriated pursuant to section 4067 of this subchapter. To make first mortgage loans without interest on such terms and conditions as may be determined by the Secretary of Housing, for the construction, financing, refinancing or rehabili-tation of housing for low and moderate income persons and fam-liies ; To insure mortgage loans to finance the building or rehabilitation of housing designed and planned to be available at low and moderate rentals for sale at low and moderate in-come persons and families; To build or rehabilitate housing designed and planned to be sold at low and moderate prices to low and moderate income persons and families. § 4054. Bonds (a) The State Authority may with the approval of the Is-suing Officer issues bonds (including refunding bonds for the purpose of paying or retiring bonds previously issued by the authority) from time to time in such amounts as it may deem advisable for any of its corporate purposes. The authority may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable; (a) exclusively from the income and revenues of any undertaking financed in whole or in part with the proceeds of such bonds ; or (b) ex-clusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of such bonds; or (c) from its rev-enues generally or (d) grants, subsidies or other payments from the Federal Government. Any of such bonds may be additionally secured by a pledge of any revenues or a mortgage of any housing project, projects or other property of the State Authority or any of its agents or designees; Chapter 293 1049 (b) Neither the Issuing Officers nor any person executing the bonds shall be liable personally on the bonds. § 4055. Forms and terms of bonds; disposition of proceeds All bonds issued under the authority of this sub-chapter shall be dated, shall bear interest at such rate or rates, not ex-ceeding the allowable maximum interest established by Section 2301 of Title 6, Delaware Code, as amended, payable semi-annually, shall mature at such time or times and may be made redeemable before maturity at such times and at such price or prices and under such terms and conditions as may be fixed by the Issuing Officers prior to the issuance of the bonds. The prin-cipal of and the interest upon such bonds may be made payable in any lawful medium. The Issuing Officers shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denominations of the bonds. Both prin-cipal of and interest on the bonds shall be payable at the Farmers Bank of the State of Delaware, at Dover, or at such alternate places as the aforesaid Farmers Bank may designate; Bonds shall be signed by manual or facsimile signature of the Secretary and the seal of the State Authority or a fac-simile thereof shall be affixed thereto or imprinted thereon and said seal shall be attested by the manual or facsimile signature of the Assistant Secretary. Any coupons attached thereto shall bear the facsimile signature of the Secretary. In case any person whose signature or facsimile thereof shall appear on any bonds or coupons shall cease to be the Secretary before the delivery of such bonds, such signature or facsimile shall, nevertheless, be valid for all purposes, the same as if he had remained in office until delivery; All bonds issued under the provisions of this sub-chapter shall have, and are declared to have, all the qualities and incidents of negotiable instruments under the Uniform Commercial Code ; Such bonds and the income therefrom shall be exempt from all taxation by the State of Delaware or by any political subdivision, agency or authority thereof; The bonds may be issued in coupon or registered form, or both, as the Issuing Officers may determine, and provision may be made for the registration of any coupon bond as to prin. 1050 Chapter 293 cipal alone or as to both principal and interest, and for the re-conversion of any bonds registered both as to principal and inter-est into coupon bonds; The Issuing Officers may sell such bonds either at public or private sale in such manner and for such price as they may determine to be for the best interest of State Authority but no such sale may be at a price so low as to require the payment of interest on money received therefor at more than the allowable maximum interest established by Section 2301 of Title 6, Dela-ware Cod,e as amended, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values ; The proceeds of such bonds, exclusive of accrued in-terest, shall be used solely for the purposes specified in the resolution of the State Authority authorizing the issuance thereof, or as set forth in the indenture securing their payment, which purposes may include redemption premiums, interest on bonds to be refunded to the redemption date or date of maturity thereof and all legal and other expenses of their issuance, and shall be disbursed under such restrictions, if any, as said resolution or trust indenture may provide; The proceeds of such bonds shall at no time revert to the General Fund of the State Treasury but shall at all times be available to the State Authority for the aforesaid purposes; provided, however, that if the proceeds of the bonds of any issue shall exceed the amount required for the purpose or purposes for which such bonds are authorized to be issued, the surplus may be used for any purpose of the State Authority authorized in this sub-chapter or for the payment of the principal of or interest on its outstanding bonds; Prior to the preparation of definitive bonds the Issuing Officers may issue temporary bonds with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The issuing officers may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such bonds may be issued without any other proceedings, conditions and things which are specified and required by this sub-chapter. Chapter 293 1051 § 4056. Bonds as legal investments for institutions and fiduci-aries; and as legal deposit The Bonds issued under the authority of this sub-chapter are hereby declared to be securities in which all State and mu-nicipal officers and administrative departments, boards and com-missions of the State, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees, and other fiduciaries, and all other persons whatsoever who now or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control ; and such bonds are hereby declared securities which may properly and legally be deposited with and received by any State, County or municipal officer or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law. § 4057. Credit of state not pledged Bonds issued under the provisions of this sub-chapter shall be payable exclusively from the revenues and other funds of the State Authority and shall contain the following statement on their face: The State of Delaware is not obligated to pay the principal of this bond nor the interest thereon; nor are the faith and credit of the State pledged to the payment of the principal of, or interest on this bond. The issuance of bonds under the provisions of the sub-chapter shall not directly or indirectly or contingently obligate the State to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment and the bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limita-tion or restriction. § 4058. Provisions of bonds and mortgages In connection with the issuance of bonds or the incurring of any obligation under a lease, and to secure the payment of 1052 Chapter 293 such bonds or obligations, the State authority in addition to its other powers may : Pledge all or any part of its rents, fees or revenues to which its right then exists or may thereafter come into existence; Mortgage all or any part of its property, real or per-sonal, then owned or thereafter acquired, including any of the public domain owned or acquired by it; Covenant against mortgaging all or any part of its property, real or personal, then owned or thereafter acquired or against permitting or suffering any lien thereon; Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof; Covenant against pledging all or any part of its rents, fees, and revenues to which its right then exists or may there-after come into existence, or against permitting or suffering any lien thereon ; - Covenant as to the bonds to be issued and as to the issu-ance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; Covenant as to what other, or additional debts may be incurred by it; Covenant that the State authority warrants the title to the premises; Covenant as to the rents and fees to be charged, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof ; Covenant as to the use of any or all of its property, real or personal ; Create or authorize the creation of special funds segregating the proceeds of any loans or grants, the revenues of any project or projects, reserves for principal and interest on its bonds and for operating contingencies, and other reserves; and covenant as to the use and disposal of the moneys held in such funds ; Chapter 293 1053 Redeem the bonds, and covenant for their redemption, and provide the terms and conditions thereof; Covenant against extending the time for the payment of its bonds or interest thereon; Prescribe the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, the amount of bonds the holders a which must consent thereto, and the manner in which such consent may be given ; Covenant as to the maintenance of its property, the replacement thereof, the insurance to be carried thereon, and the use and disposition of insurance moneys; Vest in an obligee, in the event of a default by the State authority, the right to cure any such default and to advance any moneys necessary for such purpose, and covenant that the moneys so advanced be an additional obligation of such authority with such interest, security and priority as may be provided in any mortgage, lease or contract; Covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its con-sequences may be waived; Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or ob-ligation; Covenant to surrender possession of a project or proj-ects or parts thereof upon the happening of an event of default ; and vest in an obligee the right, upon such default and without judicial proceedings, to take possession and use, operate, manage and control such projects or any parts thereof, and to collect and receive rents, fees and revenues arising therefrom in the same manner as such authority itself might do, and to dispose of the moneys collected in accordance with the agreement of such obligee with the authority ; Vest in a trustee or trustees the right to enforce any covenant to secure, or pay the bonds, or otherwise relating to such bonds; provide for the powers and duties of such trustee 1054 Chapter 293 or trustees, limit the liabilities thereof, and provide the terms and conditions upon which the trustee or trustees, or the holders of bonds, or any proportion of them may enforce any such covenant; Vest in a government or in a trustee the right, upon the happening of an event of default, to foreclose the mortgage securing any bonds held by such government, through judicial proceedings or through the exercise of a power of sale without judicial proceedings; Vest in other obligees the right, upon the happening of an event of default, to foreclose any mortgage through judicial proceedings; Vest in any obligee, the right to foreclose any such mortgage as to all or such part or parts of the property covered thereby as such obligee shall elect; the institution, prose-cution and conclusion of any such foreclosure proceedings or the sale of any such parts of the mortgaged property shall not affect in any manner or to any extent the lien of the mortgage on the parts of the mortgaged property not included in such proceedings or not sold as aforesaid ; Make covenants other than, and in addition to, the covenants herein expressly authorized, of like or different char-acter and execute all instruments necessary or convenient in the exercise of the powers herein granted, or in the performance of its covenants or duties, which may contain such covenants and provisions, in addition to those above specified, as the govern-ment or any purchaser of the bonds of the State Authority may require ; Make such covenants and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the State Authority tend to make the bonds more marketable, notwith-standing that such covenants, acts or things may not be enumer-ated herein. § 4059. Trust indenture (a) In the discretion of the Issuing Officers each and any issue of such bonds may be secured by a trust indenture by and Chapter 293 1055 between the Issuing Officers and a corporate trustee, which may be any trust company or bank having the powers of a trust com-pany within or without the State; Such trust indenture may pledge or assign the revenues of the State Authority but shall not create a security interest in or convey or mortgage any real property owned, operated or maintained by the State Authority. Either the resolution pro-viding the issuance of the bonds or such trust indenture may con-tain such provisions specifying, defining, protecting and enforc-ing the rights and not in violation of law, include covenants set-ting forth the duties of the State Authorities in relation to the acquisition, construction, improvement maintenance, operation, repair and insurance of any facilities or additions thereto, and the custody, safeguarding and application of all moneys; It shall be lawful for any bank or trust company incor-porated under the laws of this State to act as such depository and to furnish such indentifying bonds or to pledge such securi-ties as may be required by the State Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporation ; In addition to the foregoing, such trust indenture may contain such other provisions as Issuing Officers may deem rea-sonable and proper for the security of the bondholders. All ex-penses incurred in carrying out the provisions of such trust in-denture may be treated as a part of the cost of maintenance, op-eration and repairs of any facility to which such indenture is re-lated or may be paid out of the revenues of the State Authority. § 4060. Remedies of bondholders and trustees (a) Any holder of bonds issued under the provisions of this sub-chapter or any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this sub-chapter may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the -United States or of the State of Delaware or 1056 Chapter 293 granted under this sub-chapter or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this subchapter, or by such resolution or trust in-denture, to be performed by the State Authority or any officer thereof, including the fixing, charging and collecting of fares or charges for the use of any facility operated by the State Au-thority; (b) Such resolution or trust indenture may contain provi-sions under which any holder of such bonds or the trustee under such trust indenture shall be entitled to the appointment of a receiver in the event of a default, and any receiver so appointed shall have and be entitled to exercise all the rights and powers of the State Authority with respect to the facilities operated or maintained by the State Authorities and all of the appropriate rights and powers of a receiver in equity. § 4061. Moneys as trust funds All moneys received pursuant to the authority of this sub-chapter, whether as proceeds from the sale of bonds, or grants or other contributions from any person corporate or otherwise or government or as fares and revenues, shall be deemed to be trust funds, to be held and applied solely as provided in this subchap-ter. The Issuing Officers shall, in the resolution authorizing the issuance of bonds or in the trust indenture, provide for the pay-ment of the proceds of the sale of the bonds and the fares and revenues to be received, to any officer, agency, bank or trust company who shall act as trustee of such funds, and shall hold and apply the same to the purposes of this sub-chapter, subject to such regulations as this sub-chapter and such resolution or trust indenture may provide. § 4062. Subordination of mortgage to agreement with govern-ment The State Authority may agree in any mortgage made by it that such mortgage shall be subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In such event, any purchase or purchasers at a sale of the property of the State Authority pursuant to a foreclosure of such mortgage or any other remedy in connection therewith shall obtain title subject to such contract. Chapter 293 1057 § 4063. Powers with respect to rural housing In undertaking the provision of housing for individuals and families of low and moderate income in rural areas the State authority may comply with any conditions not inconsistent with the purposes of this chapter required by the federal government pursuant to federal law in any contract for financial assistance with the State authority concerning such undertakings. § 4064. Make payments to public bodies The State Authority may agree to make such payments to the State, or any political subdivisions thereof (which payments such bodies are hereby authorized to accept) as the State Au-thority finds consistent with the maintenance of the low and moderate rent character of housing projects or the achievement of the purposes of this sub-chapter. § 4065. Advisory services The State Authority is authorized to provide to non-profit housing corporations and consumer housing cooperatives, such educational services as will assist them to become owners of hous-ing projects, in accordance with the provisions of this act. Ad-visory and educational services may include but are not neces-sarily limited, consultation services, training courses, seminars and lectures, and preparation and dissemination of newsletters and other printed materials and the services of field representa-itves. The State Authority is also authorized to provide non-profit housing companies and consumer housing companies with advisory, consultative, technical, training and educational serv-ices in the management and training and advisory services for the residents of the housing projects so as to promote efficient and harmonious management of the housing projects so as to promote efficient and harmonious management of the housing projects ; to make available technical and financial assistance and advisory services to any municipal, county or regional plan-ning, zoning or redevelopment agency or commission, housing authority, or other appropriate agency for surveys, land use studies, municipal plans of development, urban renewal plans, housing plans, housing cite development plans, human resource development programs, community development action plans, and for other functions pertinent to municipal planning, zoning, 1058 Chapter 293 redevelopment, urban renewal, the provision of adequate housing human resource development, industrial and commercial develop-ment, municipal public improvement programs and other rural, urban and municipal problems. Such financial assistance shall be rendered upon such contractual arrangements as may be agreed upon by the Secretary and any such agency, authority or commission in accordance with their respective needs. § 4066. Assistance to nonprofit sponsors of low and moderate income housing (a) The State Housing Authority is authorized to provide or contract with public or private organizations to provide, in-formation, advice, and technical assistance with respect to the construction, rehabilitation, and operation by non-profit organ-izations of housing for low or moderate income families. Assist-ance by the Secretary may include the assembly, correlation, publication, and dissemina-tion of information with respect to the construction, rehabita-tion, and operation of low and moderate income housing, and Providing advice and technical assistance with respect to the construction, rehabilitation, and operation of low and moderate income housing. (b) (1) The Secretary is authorized to make loans not to ex-ceed a total amount at any time outstanding and not repaid of $1,000,000 appropriated by section 467 of Title 31, Delaware Code, to nonprofit organizations for the necessary expenses, prior to construction, in planning, and obtaining financing for, the re-habilitation or construction of housing for low or moderate in-come families under any federally assisted program. Such loans shall be made without interest and shall not exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for such housing prior to the availability of financing, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site acquisition, application and mortgage committment fees, and construction loan fees and discounts. The Secretary shall require repayment of loans made under this sub-section, under such terms and conditions as he may require, upon completion of the project or sooner, and may cancel any part or all of a loan as he may determine cannot be recovered from the Chapter 293 1059 proceeds of any permanent loan made to finance the rehabilita-tion or construction of the housing. (2) The Secretary shall determine prior to the making of any loan that the nonprofit organization meets such requirements and respect to financial responsibility and stability as he may prescribe. § 4067. Establishment of a housing development fund There is hereby authorized to be appropriated from the Capital Investment Fund for the purposes of this subsection $5,000,000.00. All funds appropriated shall be deposited in a fund which shall be known as the "Housing Development Fund" which shall be administered by the Secretary, except as permitted by Section 4066 of this sub-chapter, as a revolving fund for car-rying out the purposes of this subchapter. Sums received in repayment of loans made under this subsection shall be deposited in such fund. Section 5. All rights, privileges and immunities vested or accrued by and under any laws enacted prior to the adoption or amendments of this Act, all suits pending, all rights of action conferred, and all duties, restrictions, liabilities and penalties imposed or required by and under laws enacted prior to the adop-tion or amendment of this Act, shall not be impaired, diminished or affected by this Act. Section 6. The purpose of this act is to make available to all the citizens of this State decent and adequate housing without regard to the age, race, creed, color or national origin of any person. The Department, The State Housing Authority, or any re-cipient of assistance under this Chapter, in determining the loca-tion or types of housing, accommodations, facilities, services, financial aid, or other benefits which will be provided, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their age, race, color, or national origin, or have the effect of defeating or sub-stantially impairing accomplishment of the objectives of the program or activity as respect persons of a particular age, race, color or national origin. 1060 Chapter 293 The Secretary shall include in all contracts other than bonds entered into pursuant to the provisions of this Chapter, the fol-lowing provisions : "During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any em-ployee or applicant for employment because of age, race, creed, color, or national origin. The contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their age, race, creed, color, or national origin. Such action shall include, but not be limited to the following : employment, upgrading, de-motion, or transfer; recruitment or recruitment advertising; layoff or termination ; rates of pay or other forms of compensa-tion, and selection for training, including an apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Secretary setting forth the provisions of this non-dis-crimination clause. The contractor will, in all solicitations or advertise-ments for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color or national origin. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract, this contract may be cancelled, terminated or suspended in whole or in part by the Secretary. Section 7. The sum of $100,000 is appropriated to the De-partment of Housing established herein for the fiscal year ending June 30, 1968, for the operation of the Department. Section 8. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 9. The members of the State Board of Housing serving at the time this act becomes law shall continue to serve Chapter 293 1061 out the term for which they were originally appointed as addi-tional members pro tempore of the State Bureau of Housing. Section 10. If any provision of this act or of any rule, regulation or order thereunder or the application of such provi-sion to any person or circumstance shall be held invalid, the re-mainder of this act and the application of such provision of this act or of such rule, regulation or order to persons or circum-stances other than those to which it is held invalid shall not be affected thereby. Section 11. Any money appropriated herein and unex-pended shall not revert to the General Fund of the State of Dela-ware until June 30, 1969. Section 12. The first definition covering "Area of Opera-tion" in Section 4501 of Title 31, Delaware Code, is hereby re-pealed, and the following definition is substituted therefor : "Area of operation" means in the case of a municipality, the area within such municipality and in the case of a county, the area within the county except that the area of operation in such case shall not include any area which lies within the terri-torial boundaries of a municipality unless a resolution shall have been adopted by the governing body of such municipality declaring a need therefor ; and in the case of a regional authority, shall mean the area within the communities for which such regional authority is created ; provided, however, that a regional authority shall not undertake a redevelopment project within the territorial boundaries of any municipality or county unless a resolution shall have been adopted by the governing body of such municipality or county declaring that there is a need for the regional authority to undertake such redevelopment project within such municipality. No authority shall operate in any area of operation in which another Authority already established is undertaking or carrying out a redevelopment project without the consent, by resolution, of such other Authority. Section 13. Notwithstanding any other provision of this bill or of any other prior statute, no "Authority" or "Housing Authority" shall be created or operated within the boundaries of any municipality or county without the express prior approval of the governing body of the municipality or county involved. Approved June 3, 1968. 1 1062 CHAPTER 294 AN ACT TO AMEND § 1351, TITLE 30, DELAWARE CODE, RELATING TO ESTATES CONSISTING ONLY OF JOINTLY OWNED PROPERTY. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. § 1351 (a) , title 30, Delaware Code, is amended by adding the following words on the second line after the word "except" and before the word "real" as follows : ft. . . , property qualifying for distribution without grant of letters pursuant to section 2305 of title 12, and except . . ." Approved June 11, 1968. CHAPTER 295 AN ACT TO AMEND § 2305(3), TITLE 12, DELAWARE CODE, RELATING TO DISTRIBUTION OF DECEDENT'S PROPERTY WITHOUT GRANT OF LETTERS WHERE ESTATE ASSETS DO NOT EXCEED $1,500. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. § 2305 (3), title 12, Delaware Code, is amended by adding the following words on the second line after the word "property" and before the word "does" as follows : ft. . . and not including jointly owned property" Approved June 11, 1968. 1063 \ 1064 CHAPTER 296 AN ACT TO AMEND TITLE 13, DELAWARE CODE, EN-TITLED "DOMESTIC RELATIONS" IN REGARD TO DIVORCE, REDUCING THE SEPARATION TIME FOR DESERTION AND VOLUNTARY SEPARATION. AND ADDING INCOMPATIBILITY AS A GROUND. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 1522, Title 13, paragraph (5), Dela-ware Code, is amended by striking "two years" and inserting in lieu thereof "one year." Section 2. Section 1522, Title 13, paragraph (11), Dela-ware Code, is further amended by striking "three consecutive years" from the second line and inserting in lieu thereof "eigh-teen consecutive months". Section 3. Section 1522, Title 13, Delaware Code, is further amended by adding the following new paragraph at the end thereof: (12) When husband and wife are incompatible in that their marriage is characterized by rift or discord produced by recip-rocal conflict of personalities existing for two consecutive years prior to the filing of the divorce action, and which has destroyed their relationship as husband wife and the reasonable possibility of reconciliation. Approved June 11, 1968. 1065 CHAPTER 297 AN ACT TO AMEND CHAPTERS 17, 43 AND 64, TITLE 9, DELAWARE CODE, PERTAINING TO PENSION BENE-FITS FOR FORMER JUSTICES OF THE PEACE AND FORMER CONSTABLES. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 1701, Title 9, Delaware Code, is amend-ed by adding a new paragraph at the end thereof to read as follows : If any employee of New Castle County shall have spent time as a Justice of the Peace or Constable prior to March 31, 1965, such time shall be deemed time spent in covered employ-ment for the purpose of determining his right to a pension and his benefits thereunder, anything to the contrary in this Chapter otherwise notwithstanding. Section 2. Section 4302, Title 9, Delaware Code, is amend-ed by adding a new paragraph at the end thereof to read as follows: If any employee of Kent County shall have spent time as a Justice of the Peace or Constable prior to March 31, 1965, such time shall be deemed time spent in covered employment for the purpose of determining his right to a pension and his benefits thereunder, anything to the contrary in this Chapter otherwise notwithstanding. Section 3. Section 6402, Title 9, Delaware Code, is amend-ed by adding a new paragraph at the end thereof to read as fol-lows: If any employee of Sussex County shall have spent time as a Justice of the Peace or Constable prior to March 31, 1965, such time shall be deemed time spent in covered employment for the purpose of determining his right to a pension and his benefits thereunder, anything to the contrary in this Chapter otherwise notwithstanding. Approved June 11, 1968. 1066 CHAPTER 298 AN ACT AUTHORIZING THE GOVERNOR AND THE SEC-RETARY OF STATE TO CONVEY TO THE COMMIS-SIONERS OF BETHANY BEACH CERTAIN LANDS AND INTERESTS IN LAND BELONGING TO THE STATE OF DELAWARE. WHEREAS, a great amount of pollution exists in south-eastern Sussex County, particularly in and around Bethany Beach, which is caused by the general use of septic tanks and cesspools for disposal of human and commercial waste; and WHEREAS, this area is in great need of central sewage facilities to alleviate the existing pollution problem ; and WHEREAS, the existing pollution problem creates an acute emergency in the area of southeastern Sussex County, particu-larly in and around Bethany Beach; and WHEREAS, The Commissioners of Bethany Beach, a mu-nicipal corporation of the State of Delaware, has determined that it is necessary to construct and install a sewage system including a sewage disposal plant for the citizens residing within the corporate limits of the Town of Bethany Beach and under such terms and conditions as may be in the best interest of the Town of Bethany Beach for those persons, firms or corporations whose property lies outside the corporate limits of the Town of Bethany Beach to alleviate the existing pollution problem; and WHEREAS, the State of Delaware is the owner of a large tract of land adjoining the corporate limits of the Town of Beth-any Beach which is used by the National Guard of the State of Delaware; and WHEREAS, it is in the best interest of the State of Dela-ware that adequate sewage facilities, including a sewage dis-posal plant and necessary pipelines, be available for the National Guard camp area as well as for the citizens of the Town of Bethany Beach; and WHEREAS, part of the tract of land now owned by the State of Delaware is not used by the National Guard of the State of Delaware. Chapter 298 1067 Now, therefore, 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 Governor and the Secretary of State of the State of Delaware are hereby authorized, empowered and directed to execute and deliver, in the name of and under the Great Seal of the State of Delaware, a deed conveying to The Commissioners of Bethany Beach, a municipal corporation of the State of Delaware, its successors and assigns, the following described tract of land for use as part of its public sewage sys-tem, together with the right of ingress and egress over lands of the State of Delaware and used by the National Guard of the State of Delaware, said route to be designated by representatives of the National Guard of the State of Delaware, said tract of land to revert to the State of Delaware if, for any period of one year after the public sewage system is constructed and installed, the land ceases to be used as part of the public sewage system of The Commissioners of Bethany Beach ; ALL that certain tract, piece and parcel of land, situate, lying and being in Baltimore Hundred, Sussex County, Dela-ware, and being more particularly described as follows : Begin-ning at a point, said point being located the following two courses and distance from a concrete monument located in the western right of way of Delaware Route 14 and marking a corner of the lands of the State of Delaware used by the Delaware National Guard ; South 8° 16' 40" East a distance of Four Hundred Twen-ty- seven and Seventy-eight one hundredths (427.78) feet and South 78° 44' 17" East a distance of One Thousand Six Hundred Three and Forty-one one hundredths (1,603.41) feet; thence from said beginning point South 4° 56' 14" East a distance of Two Hundred Twenty and Twelve one hundredths (220.12) feet; thence from said beginning point South 40° 03' 46" East One Thousand Thirty-five and Forty-three one hundredths (1,035.43) feet to a point in the northern edge of Bethany Beach Canal ; thence North 73° 53' 35" West a distance of Three Hun-dred Sixty (360) feet to a concrete monument ; thence North 750 53' 35" West a distance of Thirty-eight (38) feet to a con-crete monument; thence North 25° 59' 25" East a distance of One Hundred Sixty-six (166) feet to a concrete monument; thence North 25° 06' 25" East a distance of One Thousand Fifty- 1068 Chapter 298 one and Twenty-five one hundredths (1,051.25) feet to a con-crete monument; thence North 17° 06' 25" East a distance of Nine Hundred and Ninety-five one hundredths (900.95) feet to a concrete monument; thence South 79° 34' 40" East, a distance of One Hundred Sixty (160) feet, thence South 4° 56' 14" West One Thousand Fifty-four and Sixty-two one hundredths (1,054.62) feet, home to the place of beginning, containing 22.21 acres of /and more or less. Section 2. (a) The Commissioners of the Town of Beth-any Beach may adopt rules governing the admission or exclusion of persons from entry on to land used for sewer treatment pur-poses as described in Section 1 above. (b) Any conveyance of the land described in Section 1 of this Act shall be subject to the condition that the National Guard of the State of Delaware shall have the right to prohibit entry through land owned by the State of Delaware to the land de-scribed in Section 1 of this Act in the event of a national emer-gency as declared by the President of the United States; PRO-VIDED, HOWEVER, that in the event entry is prohibited, the sewer system shall be operated by personnel of the Town of Bethany Beach given clearance by the National Guard of the State of Delaware. Section 3. The Governor and the Secretary of State of the State of Delaware are hereby authorized, empowered and directed to execute and deliver, in the name of and under the Great Seal of the State of Delaware, a deed of easement con-veying to The Commissioners of Bethany Beach, a municipal corporation of the State of Delaware, its successors and assigns, three (3) easements and rights of way, hereinafter described, including the right of The Commissioners of Bethany Beach, its agents, servants, employees or independent contractors of The Commissioners of Bethany Beach to enter upon said land over routes designated by the National Guard of the State of Dela-ware for the purpose of constructing, maintaining and repairing underground pipelines and/or mains for the purpose of conveying sewage across, through and under the lands of the State of Delaware, together with the right to excavate and refill ditches and/or trenches for the location of said pipeline and/or mains, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and Chapter 298 1069 maintenance of said pipelines and/or mains, said easements to continue so long as The Commissioners of Bethany Beach, its suc-cessors and assigns use the said easements as part of its public sewer system, said easements and right of way hereinafter de-scribed, to revert to the State of Delaware if the land hereinafter described ceases to be used as part of public sewage system of The Commissioners of Bethany Beach for any period of one year after construction and installation of the public sewage system is completed : EASEMENT No. 1 ALL that certain tract, piece and parcel of land, situate, lying and being in Baltimore Hundred, Sussex County, Delaware, being more particularly described as follows : Beginning at a point, said point being located South 80 16' 40" East a distance of Four Hundred Twenty-seven and Seventy-eight one hun-dredths (427.78) feet from a concrete monument located on the western right of way of Delaware Route 14 and marking a corner of the lands of the State of Delaware used by the Dela-ware National Guard ; thence from said beginning point South 78° 44' 17" West a distance of One Thousand Six Hundred Three and Forty-one one hundredths (1,603.41) feet to a point ; thence South 40 56' 14" East a distance of Twenty and twelve one hundredths (20.12) feet to a point; thence North 78° 44' 17" East a distance of One Thousand Six Hundred Four and Fifty-eight one hundredths (1,604.58) feet to a point located on the western right of way line of Delaware Route 14; thence North 8° 16' 40" West a distance of Twenty and Three one hundredths (20.3) feet, home to the place of beginning, containing .74 acres of land more or less. EASTMENT No. 2 ALL that certain tract, piece and parcel of land located in Baltimore Hundred, Sussex County, Delaware, and being more particularly described as follows : Beginning at a point, said point being located the following 3 courses and distances from a concrete monument located in the western right of way of Dela-ware Route 14 and marking a corner of the lands of the State of Delaware used by the Delaware National Guard ; thence from said concrete monument South 8° 16' 40" East a distance of Four Hundred Twenty-seven and Seventy-eight one hundredths 1070 Chapter 298 (427.78) feet; thence South 78° 44' 17" East a distance of One Thousand Six Hundred Three and Forty-one one hundredths (1,603.41) feet; thence South 4° 56' 14" East a distance of Two Hundred Twenty and Twelve one hundredths (220.12) feet to the place of beginning; thence from said point of beginning South 4° 56' 14" East a distance of One Thousand Seventy-one and Forty-five one hundredths (1,071.45) feet to a point; thence South 80° 06' 25" West a distance of Twenty and eight one hun-dredths (20.08) feet to a point; thence North 4° 46' 14" West a distance of One Thousand Fifty-three and Nineteen one hun-dredths (1,053.19) feet to a point; thence North 40° 03' 46" East a distance of Twenty-eight and twenty-eight one hun-dredths (28.28) feet to the place of beginning containing .49 acres of land more or less. EASEMENT No. 3 ALL that certain tract, piece and parcel of land situate, lying and being in Baltimore Hundred, Sussex County, Delaware and being more particularly described as follows Beginning at a concrete monument located in the western right of way of Dela-ware Route 14 at its intersection with the northwest corner of 5th Street as shown on a plot of the Town of Bethany Beach ; thence from said beginning point along and with the northerly right of way of 5th Street South 80° 06' 25" West a distance of One Thousand Four Hundred Eleven and Eighty-four one hun-dredths (1,411.84) feet to a concrete monument said concrete monument located in the easterly edge of the Bethany Beach Canal ; thence by and with the easterly edge of the Bethany Beach Canal North 52° 53' 35" West a distance of Twenty-seven and Thirty-five one hundredths (27.35) feet to a point, thence North 80° 06' 25" East a distance of One Thousand Four Hun-dred thirty-seven and seventy-four one hundredths (1,437.74) feet to a point; thence South 10° 02' 32" West a distance of Twenty-one and twenty-seven one hundredths (21.27) feet home to the place of beginning containing .65 of an acre more or less. Section 4. Any conveyance of any easement described in Section 3 of this Act shall be subject to the following conditions : a. Any easement and right of way described in Section 3 above and any equipment located or situated herein may be relo-cated if it is determined by the Adjutant General of the National Chapter 208 1071 Guard of the State of Delaware that any easement and right of way described above and any equipment located or situate therein causes substantial interference with use of the other land of the State of Delaware used by the National Guard of the State of De/aware; PROVIDED, HOWEVER, that any relo-cation shall be done at the expense of The Commissioners of Bethany Beach; and PROVIDED FURTHER, that the reloca-tion of any easement and right of way and the equipment situate therein does not interfere with planned or constructed sewage facilities; and The present property currently being used by the State of Delaware shall be accorded free sewage treatment for the National Guard of the State of Delaware so long as the land is held by the State of Delaware for non-income producing pur-poses; and The Commissioners of Bethany Beach shall pay to the State of Delaware an annual fee of One Dollar ($1.00) for each and every year that the facilities are in use, the first such annual payment to be made on or before February 1 of the first year following the date of approval of this Act by the Governor of the State of Delaware and continuing on a like day each year thereafter. Section 5. Any conveyance of the land described in Sec-tion 1 hereof or of any easement described in Section 3 hereof shall be subject to the right of those persons, firms and corpora-tions, including the State of Delaware, whose property lies out-side the corporate limits of the Town of Bethany Beach to con-nect to the sewer systems upon payment of all costs of construc-tion and installation to the sewer facilities by such connecting person, firm, or corporation, including the State of Delaware; PROVIDED, HOWEVER, that any such connection shall be ac-complished pursuant to plans and specifications approved by the Commissioners of Bethany Beach; and PROVIDED FURTHER, that any such person, firm or corporation, including the State of Delaware, agrees to accept and abide by the provisions of any ordinance adopted by the Commissioners of Bethany Beach re-lating to the use of the public sanitary sewer, including the sew-age treatment facilities, and the payment of fees for the use of the sewage treatment facilities; PROVIDED, HOWEVER, said 1072 Chapter 298 charges or fees are set out in a validly enacted ordinance of the Commissioners of Bethany Beach, and said charges are uniform, both within and without the municipal boundaries of Bethany Beach, and without regard to whether such user is an individual, firm or corporation, including the State of Delaware, excepting however, the National Guard of the State of Delaware, as re-quired by the terms of Section 4, Subsection 6, thereof. Be it further enacted that all fees for both residents and non-resident participants of the said sewage system and facilities thereof be based and charged on a cost study conducted by a rec-ognized professional engineer of the State of Delaware. Approved June 11, 1968. CHAPTER 299 AN ACT TO AMEND SECTION 1504, CHAPTER 15, TITLE 14, DELAWARE CODE, RELATING TO AUTHORITY TO ORDER DISBURSEMENTS OF APPROPRIATIONS AND OTHER REVENUES OF SCHOOL DISTRICTS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 1504, Chapter 15, Title 14, Delaware Code, is amended by deleting the period at the end of the sec-tion, by substituting in lieu thereof a comma, and by adding the following after the comma : provided, however, that the State Board of Education may delegate this authority to order payments to the Boards of School Trustees of the school districts and to the Boards of Education of the special school districts, and of the City of Wilmington. Approved June 11, 1968. 1073 1074 CHAPTER 300 AN ACT TO AMEND CHAPTER 11, TITLE 13, DELAWARE CODE, RELATING TO TERMINATION OF PARENTAL RIGHTS SO AS TO PROVIDE FOR AN INTERLOCU-TORY DEGREE IN CERTAIN CASES. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. § 1108, title 13, Delaware Code, is amended by adding to that section an additional subsection to be designated "(c)" and to read as follows: (c) In the case of the termination of the parental rights of one parent only, for the purposes of adoption by a stepparent, upon the finding described in paragraph (a) above, the court may, in its discretionç in lieu of a final order enter an interlocu-tory order which the court shall make final at the completion of adoption proceedings, provided that any such interlocutory order which does not become final within eighteen calendar months of the issuance thereof shall, upon the expiration of such eighteen calendar month period, become null and void. Approved June 14. 1968. CHAPTER 301 AN ACT TO AMEND CHAPTER 11, TITLE 13, DELAWARE CODE, RELATING TO TERMINATION AND TRANS-FER OF PARENTAL RIGHTS IN CONNECTION WITH PROCEEDINGS FOR ADOPTION OR PLACEMENT FOR ADOPTION. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. That the caption of Chapter 11, Title 13, Dela-ware Code, be amended to read : CHAPTER 11 TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN CONNECTION WITH PROCEEDINGS FOR ADOP-TION OR PLACEMENT FOR ADOPTION OR FOR THE PURPOSE OF PROVIDING OTHER SUITABLE CARE IF ADOPTION CANNOT BE EFFECTED. Section 2. § 1103, Title 13, Delaware Code, is amended by repealing and striking out the introductory phrase thereof which reads as follows : The procedure for termination of parental rights for the purpose of adoption may be initiated whenever it appears that and enacting and substituting in lieu thereof the following: The procedure for termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected, for the purpose of providing for the care of the child by some other plan which may or may not contemplate the con-tinued possibility of eventual adoption, may be initiated when-ever it appears that Approved June 14, 1968. 1075 1076 CHAPTER 302 AN ACT TO AMEND TITLE 21, SECTION 4169, DELAWARE CODE, RELATING TO THE EFFECT OF PRIOR RESO-LUTIONS SETTING SPEED LIMITS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 4169, Title 21, Delaware Code, is amended by adding after subsection (b) a new subsection (bb) as follows : (bb) All surveys made and resolutions passed by the State Highway Department concerning speed limits before May 5, 1964 shall have the same force and effect as though made and passed after that date and the limits set shall continue to be the proper limits on speed on the highways so designated. Such surveys and resolutions shall continue to be effective until such time as the State Highway Department declares otherwise by subsequent resolution. Approved June 14, 1968. CHAPTER 303 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE STATE DEPARTMENT OF PUBLIC WELFARE FOR THE PURPOSE OF COMPENSATING LEWIS DON-ALD McKNATT, FUNERAL DIRECTOR, FOR THE BURIAL OF CERTAIN INDIGENT INDIVIDUALS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $300 is hereby appropriated to the State Department of Public Welfare for the purpose of compen-sating Lewis Donald McKnatt, funeral director, Harrington, Delaware, for services performed in connection with the burial of certain indigents, Richard Darnell Pritchett, Daniel Pritchett, Jr., and Duane Anthony Pritchett; said Lewis Donald McKnatt not having been compensated therefor by the State Department of Public Welfare or by any other source. Section 2. This Act shall be known as a supplementary appropriation act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury from funds not otherwise appropriated, with the understanding and to the extent that Lewis Donald McKnatt has not received compensa-tion for his services from any other source. Approved June 14, 1968. 1077 CHAPTER 304 AN ACT TO AMEND SECTION 8323 (c), TITLE 11, DELA-WARE CODE, BY MAKING RETIRED MEMBERS OF THE DELAWARE STATE POLICE ELIGIBLE TO BE EMPLOYED AS STATE DETECTIVES UNDER THE ATTORNEY GENERAL WHILE STILL RECEIVING STATE PENSION. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 8323 (c), Title 11, Delaware Code, is hereby amended by striking the period (.) as it appears in the last line of said subsection after the word "year" and inserting the following words after said word "year": or (4) appointment and employment as a State Detective by the Attorney General. Approved June 14, 1968. of careless driving. driving. fined not less than $25.00 nor more than $200.00 or imprisoned committed within 24 months after the commission of the prior imprisoned not less than 10 days nor more than 30 days or both. not less than 15 days nor more than 60 days or both. A subse-quent violation before being punishable as such shall have been offense. § 4601. Careless or inattentive driving in a careless or imprudent manner or without due regard for and who fails to give full time and attention to the operation of while operating the motor vehicle shall be guilty of inattentive shall be fined not less than $10.00 nor more than $100.00 or be For each subsequent violation of this Section a person shall be the motor vehicle, or whoever fails to maintain a proper lookout road, weather, and traffic conditions then existing shall be guilty Approved June 14, 1968, Whoever operates a motor vehicle on a public highway Whoever violates any of the provisions of Section 4601 (a) Whoever operates a motor vehicle on a public highway 1079 CHAPTER 305 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE, BY ADDING CHAPTER 46 RELATING TO CARELESS DRIVING. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Title 21, of the Delaware Code, is amended by adding thereto a Chapter 46 as follows: CHAPTER 46 CARELESS DRIVING, INATTENTION TO DRIVING, PEN-ALTY. 1080 CHAPTER 306 AN ACT TO PROVIDE SUMMER EMPLOYMENT FOR CER-TAIN YOUTHS OF THIS STATE AND TO MAKE A SUPPLEMENTARY APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $350,000 is appropriated to the Governor for the fiscal year ending June 30, 1968, for the pur-poses set forth herein. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. Any money appropriated herein and unex-pended shall not revert to the General Fund of the State of Delaware until October 30, 1968. Section 4. The sums appropriated herein shall be ex-pended for the purpose of providing summer employment for disadvantaged youths of this state during the summer of 1968. Section 5. Eligibility for the employment authorized by this act shall be limited to a person; (a) who is over 14 and under 21 years of age or is over 21 years of age but is a college or university student and is a member of a household which is receiving pub-lic assistance from this state; or is a member of a household, the head of which is receiving unemployment compensation benefits from the state or has exhausted his benefits and has not returned to work; or is a member of a household whose gross family income for 1967 was less than $4,000 plus $600 for each member of the household over 2 members. Chapter 306 1081 (b) who is not employed in any other job which receives governmental funds or aid. Section 6. The provisions of section 5 shall not apply to persons hired as staff who possess special training or skills if persons meeting the requirement of section 5 with the special training or skills required are not readily available. Section 7. In special circumstances the State Director of the Office of Economic Opportunity, with the approval of the Governor, may waive the requirements of section 5, provided he states in writing the reasons for the waiver. Priority shall in all cases, however, be given to those persons who meet the re-quirements of section 5. Section 8. Moneys earned by persons employed under pro-grams provided for herein shall not be considered as income by the Department of Welfare in considering eligibility for assist-ance under any of its programs. Section 9. The moneys appropriated herein may be used by the Governor, in his discretion, as matching funds for any grants or aid provided by the government of the United States or any of its agencies. Section 10. At least $50,000 of the $350,000 appropriated by this act shall be used to supply employment to youths who reside in the City of Wilmington. Section 11. The Governor may delegate to other persons the responsibility of administering the program authorized herein. Approved June 14, 1968. 10? CHAPTER 307 AN ACT TO AMEND CHAPTER 365, VOLUME 55, LAWS OF DELAWARE, AS AMENDED, RELATING TO AN AP-PROPRITION TO THE STATE HIGHWAY DEPART-MENT FOR THE PURPOSE OF CONSTRUCTING A SIDEWALK FROM MILLSBORO SCHOOL No. 23 TO MILLSBORO SCHOOL No. 204. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 2, Chapter 365, Volume 55, Laws of Delaware, as amended, is further amended to read: Section 2. The funds appropriated shall be used only for the purpose specified and any funds hereby appropriated that remain unexpended on June 30, 1970, shall revert to the Gen-eral Fund of the State. Approved June 14, 1968. CHAPTER 308 AN ACT TO AMEND CHAPTER 10, VOLUME 56, LAWS OF DELAWARE, ENTITLED, "AN ACT TRANSFERRING $600,000 FROM THE CAPITAL INVESTMENT FUND TO BE USED FOR PARK DEVELOPMENT" BY EX-TENDING THE REVERSION DATE THEREOF AND PROVIDING FOR THE USE OF FEDERAL FUNDS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 2, Chapter 10, Volume 56, Laws of Delaware, is amended to read: Any monies, including federal funds which have been ap-propriated or received as reimbursements may be used for the development of these projects, and such monies that remain unexpended upon completion of the projects or on June 30, 1969, whichever first occurs, shall revert to the Capital Investment Fund. Approved June 14, 1968, 1083 1084 CHAPTER 309 AN ACT TO AMEND VOLUME 56, CHAPTER 131, LAWS OF DELAWARE, ENTITLED "AN ACT TO AMEND SEC-TION 1306 AND SECTION 1321, TITLE 14, DELAWARE CODE, RELATING TO STATE SUPPORTED SALARY SCHEDULES FOR SCHOOL EMPLOYEES BY PROVID-ING A FORMULA FOR ADDITIONAL STAFFING IN THE SCHOOL DISTRICTS AND BY MAKING A SUP-PLEMENTARY APPROPRIATION TO THE STATE BOARD OF EDUCATION THEREFOR", RELATING TO THE FORMULA FOR STAFFING IN THE SCHOOL DIS-TRICTS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Volume 56, Chapter 131, Laws of Delaware, is amended by adding the following new subsections to Section 2 thereof: In school districts which contract with the Federal Government to operate schools, the units of pupils in such schools shall be counted for entitlement of that school district under this Act. Whenever units in addition to State units are counted for entitlement under subsection (h) , the salaries for such additional personnel shall be paid from State and Federal funds on a pro-rated basis. Section 2. This Act shall become effective February 1, 1968. Approved June 14, 1968. CHAPTER 310 AN ACT TO AMEND CHAPTER 17, TITLE 14, DELAWARE CODE, RELATING TO METHOD OF CALCULATING NUMBER OF UNITS IN A SCHOOL DISTRICT. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Chapter 17, Title 14, Delaware Code, is amend-ed by striking out § 1704 and substituting in lieu thereof a new § 1704 to read as follows : § 1704. Number of units in a school district; method of calcu-lation The number of units in each school district shall be calcu-lated by the State Board of Education each year in the following manner : As of the last day of September the number of units shall be calculated based on the total enrollment of pupils in each school district on that date. Approved June 14, 1968. 1085 1086 CHAPTER 311 AN ACT TO AMEND TITLE 4, DELAWARE CODE, TO PERMIT THE ISSUANCE BY THE ALCOHOLIC BEV-ERAGE CONTROL COMMISSION OF A LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES TO SHIPS CHANDLERS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. § 516, Title 4, Delaware Code, is amended by designating the present paragraph of said section as subsection (a). Section 2. § 516, Title 4, Delaware Code, is amended by adding thereto a new subsection to read as follows (b) Notwithstanding the provisions of subparagraph (a) hereof, any person, firm or corporation duly licensed by the Government of the United States as a Ships Chandler, may apply for a license to purchase from or through the Commission, as provided in § 702 of this title, and to keep, sell and deliver off the premises, spirits, wine or beer. The Commission may issue said license if it is satisfied that: (a) the applicant is a Ships Chandler operating a customs bonded warehouse under a license issued by the United States Government, and (b) sales by Ships Chandler are limited to vessels of the United States or of a for-eign country engaged in foreign trade pursuant to the provisions of Title 19, United States Code, Section 1S09. Section 3. § 655, Title 4, Delaware Code, is amended to add thereto a new subsection as follows : (ab) For license to alcoholic liquors as a Ships Chandler the fee shall be $225. Approved June 14, 1968. 1087 CHAPTER 312 AN ACT TO AMEND CHAPTER 41, TITLE 7, DELAWARE CODE, RELATING TO DRAINAGE ORGANIZATIONS BY ELIMINATING CERTAIN LIMITATIONS AND RE-QUIREMENTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4104, Title 7 of the Delaware Code, is amended by striking the words "No drainage organization shall be estab-lished or reorganized under any law of this state, other than this chapter. However" from sub-section (c) thereof. Section 2. § 4110, Title 7 of the Delaware Code, is amended by striking out sub-section (b) thereof in its entirety. Section 3. § 4130, Title 7 of the Delaware Code, is amend-ed by striking sub-section (4) thereof in its entirety. Approved June 20, 1968. 1088 CHAPTER 313 AN ACT TO AMEND TITLE 21, SECTION 4124, DELAWARE CODE RELATING TO DRIVING ON DIVIDED HIGH. WAY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 21, Section 4124, Delaware Code, is amend-ed by striking the word "roadways" where it appears in the section and inserting in lieu thereof the word "roads" and by striking the term "roadway" where it appears in the section and substituting the word "road". Approved June 20, 1968. CHAPTER 314 AN ACT TO AMEND TITLE 21, SECTION 4177 (a), DELA-WARE CODE, RELATIVE TO STOPPING, STANDING OR PARKING. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 21, Section 4177 (a) Delaware Code, is amended by adding a comma after the word "highway" where it appears in the fourth line of subsection (a) and striking the remainder of subsection (a) and adding in lieu thereof the fol-lowing language: Except when necessary to avoid conflict with other traffic or where it is necessary for public utility vehicles to temporarily stop along the highway to make alterations in or repairs to utility facilities so long as proper warning flags are posted or where it is in compliance with the directions of a police officer or traffic control device. Approved June 20, 1968 1089 1090 CHAPTER 315 AN ACT TO AMEND TITLE 21, MAKING IT UNLAWFUL TO ENGAGE IN ANY MOTOR VEHICLE SPEED CON-TEST ON A PUBLIC HIGHWAY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 4172 of Chapter 41, Title 21 of the Del-aware Code, is repealed and a new Section 4172 is inserted in lieu thereof to read as follows : § 4172. Speed exhibitions; drag races; and other speed contests It shall be unlawful for any person to engage in any motor vehicle race, speed exhibition, or in any speed contest whatsoever, including those commonly known as drag races, on any public road, street or highway in this state, or to aid, abet, promote, or assist in any manner whatsoever any such race or contest. It shall be unlawful for any owner or any person in charge of a motor vehicle to permit his vehicle or any vehicle under his control to be used by another person in any motor ve-hicle race, or contest for speed on any public road, street or high-way in this state. Whoever being an operator violates any of the pro-visions of this section shall be fined for the first offense not less than $25 nor more than $200 or imprisoned not less than 10 days nor more than 30 days, or both. Upon receiving notice of such conviction, the Commissioner shall forthwith suspend the opera-tor's or chauffeur's license of the person convicted for a period of not longer than 6 months. For each subsequent like offense, he shall be fined not less than $50 nor more than $400 or im-prisoned not less than 15 days nor more than 60 days or both. Upon receiving a court record of conviction for a subsequent like offense, the Commissioner shall suspend the operator's or chauf-feur's license for a one year period. Chapter 315 1091 (d) Whoever aids, abets, promotes, or assists in any manner whatsoever any such race or contest shall be fined for the first offense not less than $25 nor more than $200 or impris-oned not less than 10 days nor more than 30 days, or both. For each subsequent like offense he shall be fined not less than $50 nor more than $400 or imprisoned not less than 15 days nor more than 60 clays or both. Approved June 20, 1968. 1092 CHAPTER 316 AN ACT TO AMEND TITLE 20, DELAWARE CODE, SEC-TION 122 (C), BY CHANGING THE APPOINTMENT OF THE ADJUTANT GENERAL OF THE DELAWARE NATIONAL GUARD FROM A TERM OF NINE YEARS TO SERVE AT THE PLEASURE OF THE GOVERNOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 20, Delaware Code, Section 122 (C) is here-by amended by deleting therefrom the following words: "for a term of 9 years from the date of his appointment" and inserting in lieu thereof the following words : "and shall hold office dur-ing the pleasure of the Governor." Section 2. This Amendment shall take effect as of May 2, 1968, or on the expiration or termination of the current term of the present Adjutant General of the Delaware National Guard, whichever occurs first. Approved June 20, 1968. CHAPTER 317 C- AN ACT TO AMEND CHAPTERS 9 AND 11, TITLE 10, AND CHAPTER 3, TITLE 31, DELAWARE CODE, RELATING TO THE DEFINITION OF DEPENDENT CHILDREN. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 901, Title 10, Delaware Code, is amended by striking out all the definition of "dependent chi/d" therein, and e- enacting and substituting in lieu thereof the following: tg "Dependent child" means a child who is homeless or desti-r- tute or without proper support or care through no fault of his or her parent, guardian or custodian; or who lacks proper care by reason of the mental or physical condition of the parent, guardian or custodian; or who has been placed in a non-related family home on a permanent basis without the consent and ap-proval of the Department of Public Welfare or of any agency licensed thereby to place children in non-related family homes; or who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. Section 2. § 1101, Title 10, Delaware Code, is amended by striking out all of the definition of "dependent child" therein, and enacting and substituting in lieu thereof the following: "Dependent child" means a child who is homeless or desti-tute or without proper support or care through no fault of his or her parent, guardian or custodian ; or who lacks proper care by reason of the mental or physical condition of the parent, guardian or custodian; or who has been placed in a non-related family home on a permanent basis without the consent and ap-proval of the Department of Public Welfare or of any agency licensed thereby to place children in non-related family homes; or who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. Section 3. § 301, Title 31, Delaware Code, is amended by striking out all of the definition of "dependent child" therein and enacting and substituting in lieu thereof the following : 1093 1094 Chapter 817 "Dependent child" means a child who is homeless or desti-tute or without proper support or care through no fault of his or her parent, guardian or custodian; or who lacks proper care by reason of the mental or physical condition of the parent, guardian or custodian ; or who has been placed in a non-related family home on a permanent basis without the consent and ap-proval of the Department of Public Welfare or of any agency licensed thereby to place children in non-related family homes ; or who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. Section 4. § 301, Title 31, Delaware Code, be further amended by striking out the phrase "under eighteen years of age" from the definition of "neglected child", and by the addition, before the definition of "dependent child" of the following defi-nition: "Child" means a person who has not yet attained his eigh-teenth birthday. Approved June 21, 1968. CHAPTER 318 AN ACT TO AMEND CHAPTER 1, TITLE 25, DELAWARE CODE, RELATING TO DEEDS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 153, chapter 1, title 25, Delaware Code, is hereby repealed and a new section 153 is substituted therefor as follows: § 153. Priority of deed concerning lands or tenements A deed concerning lands or tenements shall have priority from the time that it is recorded in the proper office without respect to the time that it was signed, sealed and delivered. Approved June 21, 1968. 1095 1096 CHAPTER 319 AN ACT TO AMEND SECTION 913 AND REPEAL SECTION 1114, OF TITLE 7, DELAWARE CODE, RELATING TO REGULATION OF FISHING WITH NETS IN DELA-WARE TIDAL WATERS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 913, Title 7, Delaware Code, is amended to read as follows : § 913. Fishing with nets; lawful hours; violation and penalty No person shall catch or take or attempt to catch or take, any food fish of any kind or description by means of a net or use a net of any character in the tidal waters of this State from Saturday at 12 o'clock midnight to Sunday at 12 o'clock midnight next ensuing in each week except that food fish may be lawfully taken from stake nets at any time from October 1 through May 31 of each successive year. Whoever violates any of the provisions of this section shall be fined $100 and shall forfeit all nets, boats and other appliances used. Section 2. Section 1114, Title 7, Delaware Code, is hereby repealed in its entirety. Approved June 21, 1968. CHAPTER 320 AN ACT TO AMEND CHAPTER 39, TITLE 12, DELAWARE CODE, IN RESPECT TO EXPENDITURES OF INCOME AND PRINCIPAL OF A MINOR'S ESTATE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 3923, title 12, Delaware Code, is amended by striking out the said section and substituting the following in lieu thereof: § 3923. Expenditure of income and principal of a minor's estate (a) Unless or until the Orphans' Court shall otherwise direct, a guardian of the property of a minor shall not be re-quired to secure approval of the Orphans' Court before expend-ing income of the personal and real estate of a minor for any one or more of the following purposes : The maintenance and education of a minor (up to $1,200 per year) The protection, maintenance, management and repair of a minor's personal and real estate ; The payment of any taxes, assessments or charges which may be imposed by law or by governmental authority acting pursuant to law upon a minor or upon the personal and real estate of a minor. (b) The Orphans' Court may, in its discretion, direct the amount of income and principal of the personal estate and the amount of income from real estate of a minor that a guardian of the property of a minor may expend for any of the purposes set forth in subparagraphs (1) through (3) of (a) above, and in addition, for any of the following purposes : The reasonable burial expenses of a deceased indigent parent, spouse or child of a minor; The improvement of any real estate of a minor ; Such other purposes as the court may deem proper. 1097 1098 Chapter 320 Without prior order of the Orphans' Court, a guardian of the property of a minor shall not expend principal of a minor's estate for any purpose except as hereinafter provided ; nor shall such guardian cut or dispose of any wood or timber growing upon land of a minor. Notwithstanding the foregoing, a guardian of the property of a minor may, without prior order of the court, expend principal of the personal estate of a minor (unless or until otherwise ordered by the court) for the payment of any taxes, assessments or charges which may be imposed by law or by governmental authority acting pursuant to law upon a minor or upon the personal and real estate of a minor. (c) Unless or until the Orphans' Court shall direct other-wise in the order of appointment of a guardian of the property of a minor, or any subsequent order, a guardian shall treat any guardianship property received as follows : (1) To the extent it shall consist of any property, tangible or intangible, received as a corporate distribution, upon or with respect to shares of stock held in guardianship, including shares of the same class : As income to the guardianship, to the extent that, in the judgment of the guardian, such corporate distribution would be regarded as income from an investment rather than a diminu-tion of an income producing property, by men of prudence, dis-cretion, and intelligence in the management of their own affairs ; and in making this determination, the guardian may consider whether such distribution would be likely, of itself to have the effect of reducing materially the future earning capacity and the future earnings of the corporation, whether such distribu-tion would be likely of itself, to have the effect of reducing materially the future income of the guardianship from the shares of stock upon or with respect to which such distribution shall be made (assuming that the guardian should continue to hold such shares of stock for an indefinite period), and any other circumstances and factors which the guardian may deem relevant and significant. As principal to the guardianship, to the extent that, in the judgment of the guardian, such distribution is not de-termined to be guardianship income under the provisions of sub-division (A) above. Chapter 320 1099 (2) to the extent it shall consist of any property, tangible or intangible, received otherwise than as a corporate distribu-tion upon or with respect to shares of stock held in guardianship, as defined in (1) above : (A) As income to the guardianship, to the extent that such receipts would be treated as income by men of ordinary prudence, discretion and judgment in the management of their own affairs, provided that the following receipts shall' be uniformly deemed to be income : rent from real or personal property of the minor, in-cluding sums received for cancellation or renewal of a lease; interest on money lent, including sums received as con-sideration for the privilege of repayment of principal ; receipts from business, nursery and farming opera-tions, to the extent of the net profits thereof, computed in ac-cordance with generally accepted accounting practices for a com-parable business or operation ; and periodic payments of insurance annuities, pensions, Social Security and Railroad Retirement Board, or like benefits, whether received from public, private or governmental sources. (B) As principal to the guardianship, to the extent that such receipts would not be treated as income, as defined in (A) above. (3) For purposes of applying the provi |
| Date Digital | 2010 |
| CONTENTdm file name | 3082.cpd |
Description
| Title | Laws of the State of Delaware - Volume 56 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- FOURTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 3, A. D. 1967 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, February 6, A. D. 1968 PART II VOLUME LVI CHARLES PRINTING CO., WILMINGTON, DELAWARE |
| CONTENTdm file name | 60152.pdfpage |
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