Chapter 21. Local School Bonds
TITLE 14
Education
Free Public Schools
CHAPTER 21. LOCAL SCHOOL BONDS
§ 2101. Definitions.
As used in this chapter:
(1) "District" means a reorganized school district.
(2) "School board" means a board of education of a reorganized school district.
14 Del. C. 1953, § 2101; 57 Del. Laws, c. 113.;
§ 2102. Power of district to issue bonds.
The school board of any district may issue bonds for the purpose of carrying out any plan or program for the acquisition of lands or the acquisition or construction of buildings or for improvements to lands or buildings as may be authorized by this title when such plan or program shall have been approved by the Department of Education.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2718; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 1; 14 Del. C. 1953, § 2102; 52 Del. Laws, c. 99, § 1; 64 Del. Laws, c. 444, § 1; 71 Del. Laws, c. 180, § 124.;
§ 2103. Temporary use of funds.
The school board of any district may advance funds which by law may be used only for stated purposes and which are not immediately required for the purpose or purposes for which the same were raised, or otherwise made available for the purpose or purposes for which an issue of bonds has been authorized. Suitable records shall be kept of the temporary diversion of such funds. Such funds shall be made again available to the district from the proceeds of such bonds, or from the proceeds of the sale of bond anticipation notes issued in anticipation of the sale of such bonds.
14 Del. C. 1953, § 2102A; 57 Del. Laws, c. 636, § 1.;
§ 2104. Faith and credit of district; exemption of bonds from taxation.
The faith and credit of the district which issues bonds under this chapter is hereby expressly pledged for the full and complete payment of the principal of and interest on any bonds authorized to be issued under this chapter, and the said bonds shall be exempt from taxation, with respect to both principal and interest, by the State or any political subdivision thereof for any purpose.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2718; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 1; 14 Del. C. 1953, § 2103.;
§ 2105. Validity of bonds; incontestability.
When any bonds shall be sold and delivered pursuant to this chapter, the certification by the Department of Elections conducting the election pursuant to § 1083(d)(2) of this title and the certification by the school board of the district issuing such bonds that the bonds have been issued in due compliance with this chapter shall be conclusive upon the district and all and every other person whatsoever of the right, power and authority for the issuance of said bonds and the legality and validity thereof and of the principal debt and interest represented thereby, and the legality and validity of such bonds shall thereafter not be subject to question in any court by the district or by any person for or on its behalf, and this provision shall be and become part of the contract and obligation represented by each such bond.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2718; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 1; 14 Del. C. 1953, § 2104; 71 Del. Laws, c. 180, § 125; 74 Del. Laws, c. 122, § 49.;
§ 2106. Procedure governing sale of bonds to State.
The school board of any district, with the exception of the Board of Public Education in Wilmington, shall sell any bonds to be issued pursuant to the authority contained in this chapter or pursuant to any other provision of law to the State at private sale. The State may require that the validity of the bonds be approved by the Attorney General or the Attorney General's designate. The board shall cause a complete record of the proceedings taken in relation to the issuance of the bonds to be made and kept with the other records of the board, and shall cause a duplicate of such record to be made and filed with the Department of Education.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, §§ 2718, 2719; 47 Del. Laws, 2nd Spec. Sess., c. 1, §§ 1, 2; 14 Del. C. 1953, § 2105; 58 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 124.;
§ 2107. Limitation on amount of bonds that may be issued.
A school board shall not issue bonds, except for the purpose of refunding outstanding bonds, in an amount which would cause the aggregate amount of bonded debt of the district, less the amount of sinking funds on hand for the payment of such bonded debt, to exceed 10% of the assessed value of the real property in the district or in the case of Sussex County school districts, 10% of 50% of the full market value of real estate, in Kent County school districts, 10% of 60% of the full market value of real estate; and in New Castle County school districts, 10% of 100% of the full market value of real estate, whichever is greater. For purposes of this section, the full market value of real estate shall be determined by the Assessment to Sales Ratio Study conducted annually by the Office of Management and Budget.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2719; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 2; 48 Del. Laws, c. 175, § 1; 14 Del. C. 1953, § 2106; 71 Del. Laws, c. 3, § 1; 75 Del. Laws, c. 88, § 21(7).;
§ 2108. Terms and form of bonds.
The bonds shall be in such denomination or denominations, in such form and shall bear such rate of interest as shall be determined by the State pursuant to § 7506 of Title 29; provided, however, that the school board of any district shall be consulted regarding the term of such bonds. The bonds shall bear interest from and after their date, payable semiannually on the days designated in the bonds. The bonds shall consist of a single bond registered as to both principal and interest with the principal thereof payable in installments and interest thereon payable semiannually. The amounts of principal payable and the dates on which such payments are due shall be noted on the bond form. The dates on which the interest is due shall also be noted on the bond form. Such bonds shall be payable in serial installments beginning not more than 1 year after the date of the bonds and ending not more than 20 years after such date; the amount of any installment payable in any 1 year, except the last year, shall be not less than one twentieth of the aggregate principal amount of the bonds of such issue.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, §§ 2719, 2720; 47 Del. Laws, 2nd Spec. Sess., c. 1, §§ 2, 3; 14 Del. C. 1953, § 2107; 57 Del. Laws, c. 92, § 1; 58 Del. Laws, c. 315, § 2; 77 Del. Laws, c. 329, § 63.;
§ 2109. Designation, numbering and date of bonds.
Any bonds issued pursuant to this chapter shall be designated by the name of the district issuing the bonds and the year in which the bonds are issued. The bonds shall be numbered consecutively and shall bear date as of the date approved by the school board of the district issuing the bonds. Each of the bonds shall be numbered consecutively and the coupons attached thereto shall bear the same number as the bond itself.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2720; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 3; 14 Del. C. 1953, § 2108.;
§ 2110. Place of payment of principal and interest.
The principal of and interest on the bonds shall be payable at a state or national bank within or without the State designated by the issuing officers as that term is defined in § 7401 of Title 29.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2720; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 3; 14 Del. C. 1953, § 2109; 63 Del. Laws, c. 142, § 34.;
§ 2111. Signing and sealing bonds.
The bonds shall be signed by the president or chairperson and 1 other member of the school board. The school board may adopt a seal to be used in the execution of the bonds. The school board may, in lieu of the signatures required by this section, authorize by special resolution that the signatures of the persons required to sign the bonds may be engraved or facsimiles thereof printed or otherwise transcribed upon the bonds and when such engraved or facsimile signatures shall be so authorized and engraved, printed or otherwise impressed upon said bonds they shall have the same effect as written signatures of such persons. The coupons attached to said bonds shall bear upon their face the engraved or printed signature of the president or chairperson of the school board.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2720; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 3; 14 Del. C. 1953, § 2110; 70 Del. Laws, c. 186, § 1.;
§ 2112. Temporary bonds.
Until bonds in definite form can be prepared, the school board issuing the bonds may cause temporary bonds with appropriate coupons to be prepared which shall be executed and signed as provided in §§ 2108-2111 of this title, which said temporary bonds shall be exchangeable for definitive bonds at the request of the holder.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2720; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 3; 14 Del. C. 1953, § 2111.;
§ 2113. Cancellation and destruction of paid bonds and coupons.
After any bonds issued under the authority of this chapter or the coupons annexed thereto shall have been paid, they shall be immediately cancelled, a record of payment shall be made and the bonds or coupons destroyed.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2721; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 4; 14 Del. C. 1953, § 2112; 52 Del. Laws, c. 64; 58 Del. Laws, c. 315, § 3; 63 Del. Laws, c. 142, § 35.;
§ 2114. Replacement of lost, destroyed or defaced bonds.
The school board of any district may issue a new bond to replace an unmatured bond which has been lost, destroyed or defaced, upon the written request of the owner thereof, the owner's legal representatives, successors or assigns, and upon giving:
(1) Proof of ownership;
(2) Proof of loss or destruction, or, in the case of a defaced bond, the bond and coupons, if any;
(3) Adequate security to indemnify the district and the bank or banks at which the bond and coupons are payable against any loss that may be suffered on account of such replaced bond and coupons; and
(4) Payment of the cost of preparation of the new bond and coupons, if any.
Any new bond and coupons shall be executed by the officials (including, in the case of a school district, a member of the board of school trustees of the district) in office at the time of such replacement and shall bear the seal of the district. The coupons, if any, shall be signed by the facsimile of the signatures of the appropriate officers. There shall be endorsed on the new bond a statement in substantially the following form:
"This bond has been reissued to replace a lost, destroyed or defaced bond."
The replacement shall be authorized by a resolution of the school board which shall set forth a copy of the written request of the owner, the owner's legal representatives, successors or assigns, and the designation, date, maturity, interest rate, denomination and number of the replaced bond.
14 Del. C. 1953, § 2112A; 57 Del. Laws, c. 280; 70 Del. Laws, c. 186, § 1.;
§ 2115. Rules and regulations governing fiscal records pertaining to bonds.
The Permanent Budget Commission shall promulgate and enforce rules and regulations governing the fiscal records to be maintained by the State Treasurer and the districts pertaining to bonds of such districts and school bonds of the City of Wilmington.
Code 1935, § 2721A; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 5; 14 Del. C. 1953, § 2113.;
§ 2116. Taxing power of district.
The authority to issue bonds shall be construed to be authority to provide funds for the payment of the interest and annual payments on such bonds, which without further authority shall be provided for by an additional tax levy on the property subject to taxation for county purposes in the district issuing such bonds and by a poll tax on all persons 21 years of age and upward, residing in the district, of such amount as shall be determined by the school board of the district.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2722; 14 Del. C. 1953, § 2114.;
§ 2117. Assessment list; objections; posting; hearing.
The school board of the district in which the tax is to be levied under § 2116 of this title shall use the assessment list of the county in which that district is located, in order to determine all the taxables of the district, the property of each taxable and the assessed value thereof. Such list shall constitute the assessment list of the district for purposes of levying a tax under § 2116 of this title.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2722; 14 Del. C. 1953, § 2115; 51 Del. Laws, c. 240, § 16; 58 Del. Laws, c. 78, § 2.;
§ 2118. Assessment, levy and collection of taxes.
(a) Based on the total value of all taxable property as shown on the county assessment list and on the amount to be raised, the board of the district shall fix the rate of taxation plus 10 percent for delinquencies.
(b) The board shall execute and deliver its warrant, with a duplicate of the assessment list, to the receiver of taxes and county treasurer of the county or counties wherein the district is situated.
(c) The receiver of taxes and county treasurer shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes.
(d) All money so collected shall be paid to the State Treasurer and shall be deposited by the State Treasurer in a separate account in the depository for other school moneys to the credit of the district.
(e) The Secretary of Finance is hereby authorized and directed to draw warrants or drafts on such fund in the amount of the principal of and interest on such bonds or other obligations as the same shall become due and payable, and to deposit such money, so drawn, to the credit of the General Fund of the State. Warrants or drafts on the said fund may also be drawn for the purpose of paying school construction costs as authorized by referenda pursuant to § 7507 [repealed] of Title 29.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; 36 Del. Laws, c. 216, §§ 1, 3; 37 Del. Laws, c. 195, § 1; Code 1935, § 2723; 14 Del. C. 1953, § 2116; 50 Del. Laws, c. 80, § 1; 51 Del. Laws, c. 240, § 17; 58 Del. Laws, c. 315, § 4; 59 Del. Laws, c. 205, § 4; 70 Del. Laws, c. 186, § 1.;
§ 2119. Report of tax collections and payment of collected taxes.
(a) Each receiver of taxes and county treasurer shall, on the first day of each month, make a report to the school board of the district for which the receiver or treasurer is collecting taxes, to the State Treasurer and the Department of Education of all taxes collected in the previous month.
(b) Each receiver of taxes and county treasurer shall, not less than once each calendar month, pay over to the State Treasurer all funds collected by that receiver of taxes or county treasurer for any district.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; 36 Del. Laws, c. 216, § 2; Code 1935, § 2724; 14 Del. C. 1953, § 2117; 51 Del. Laws, c. 240, § 18; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 124.;
§ 2120. Jurisdiction of justices of the peace.
Whoever, being a receiver of taxes and county treasurer of any county, or other person authorized to collect school taxes, or a member of any school board, fails, neglects or refuses to perform all or any of the duties imposed upon that person by this chapter shall be fined not less than $10 nor more than $100.
Justices of the peace shall have jurisdiction of offenses under this section.
36 Del. Laws, c. 216, § 4; Code 1935, § 2724; 14 Del. C. 1953, § 2118; 70 Del. Laws, c. 186, § 1.;
§ 2121. Authority to tax; scope of this chapter.
The board of education of any school district which has issued bonds under the authority of any former school law of this State shall levy and collect taxes to provide funds for the payment of the interest on the bonds and for the retirement of the bonds as they shall fall due. The provisions of this chapter relative to the assessment, the rate of taxation and the levy and collection of taxes, and the deposit of taxes collected, and the disbursement thereof, shall apply to the case of school districts which have issued bonds under any former law of this State which have not been paid in whole or in part both principal and interest.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2724; 14 Del. C. 1953, § 2119; 57 Del. Laws, c. 113.;
§ 2122. Election to authorize bond issue; rules governing; referendum to transfer tax funds.
(a) Before any school board issues bonds under this chapter, it shall call a special election.
(b) At any such special election every person qualified to vote under § 1077 of this title may vote, and §§ 1078 and 1085 of this title shall apply to such election.
(c) The polls shall open at 10:00 a.m. and shall close at 8:00 p.m., prevailing local time, on the day advertised.
(d) An election under this chapter for the purpose of authorizing a bond issue shall be conducted by use of voting machines. The wording on the voting machine shall include a statement of the question which accurately reflects the issue being voted for and against.
(e) An election under this chapter for the purpose of increasing the real estate tax rate under Chapter 19 of this title, while simultaneously decreasing the real estate tax rate under this chapter by the same amount, shall be by the use of voting machines. The wording on the voting machine shall include a statement of the question which accurately reflects the issue being voted for and against.
(f) There shall be not more than 2 such special elections held during any 12-month period.
(g) The Department of Elections conducting the election shall provide a sufficient number of voting machines necessary to carry out the election hereunder, and the cost of transportation of the voting machines and other necessary charges for use of the voting machines shall be borne by that Department of Elections.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2725; 14 Del. C. 1953, § 2120; 50 Del. Laws, c. 284, § 1; 51 Del. Laws, c. 232; 55 Del. Laws, c. 86, § 2; 56 Del. Laws, c. 292, § 28; 60 Del. Laws, c. 582, §§ 2, 3; 62 Del. Laws, c. 25, § 2; 62 Del. Laws, c. 184, §§ 4-6; 63 Del. Laws, c. 253, § 2; 64 Del. Laws, c. 255, § 3; 66 Del. Laws, c. 359, § 4; 67 Del. Laws, c. 243, §§ 5, 9; 69 Del. Laws, c. 192, § 2; 74 Del. Laws, c. 122, §§ 50-54; 76 Del. Laws, c. 138, § 6.;
§ 2123. Election results; publication of results.
(a) If at an election called under § 2122(a) of this title a majority of the vote cast shall be for the bond issue, then bonds to the amount voted upon shall be issued as provided for by this chapter, but if at such election a majority of the votes cast shall be against the bond issue, then the bond issue proposed shall not be made.
(b) Within 10 days of the certification of the results of the election in accordance with § 1083(a) of this title, the Department of Elections conducting the election shall declare the results of the election by an advertisement published on 2 consecutive days in at least 1 newspaper of the county with countywide circulation or a combination of newspapers whose circulation covers the area of the school district.
(c) The Department of Elections conducting the election shall make a certificate of the result of such vote which shall be filed and kept in the offices of that Department of Elections as a public record.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; 38 Del. Laws, c. 139, § 1; Code 1935, § 2726; 14 Del. C. 1953, § 2121; 71 Del. Laws, c. 180, § 126; 74 Del. Laws, c. 122, § 55.;
§ 2124. Purchase of land for school purposes.
Nothing in this chapter shall prohibit any school board, with the prior approval of the Department of Education, from purchasing or from entering into contracts relating to the acquisition of lands for school purposes, if the school board shall have available to it funds for such purposes.
32 Del. Laws, c. 160, § 53; 34 Del. Laws, c. 173, § 1; Code 1935, § 2727; 47 Del. Laws, 2nd Spec. Sess., c. 1, § 6; 14 Del. C. 1953, § 2122; 71 Del. Laws, c. 180, § 127.;