CHAPTER 193

APPROPRIATION - ESTABLISHING DELAWARE CROSSING DIVISION IN STATE HIGHWAY DEPARTMENT

AN ACT TO AMEND THE ACT ENTITLED, "AN ACT TO AMEND CHAPTER 166 OF THE REVISED CODE OF DELAWARE, 1935, TO AUTHORIZE THE STATE HIGHWAY DEPARTMENT TO CONSTRUCT, OPERATE AND MAINTAIN A CROSSING OVER THE DELAWARE RIVER, AND APPROPRIATING CERTAIN MONIES THEREFOR", BEING CHAPTER 274, VOLUME 45, LAWS OF DELAWARE, 1945, BY PROVIDING FOR THE USE OF TEMPORARY FUNDS FOR PRELIMINARY EXPENSES; PROVIDING FOR A DELAWARE CROSSING DIVISION IN THE STATE HIGHWAY DEPARTMENT AND MAKING AN APPROPRIATION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 3, Chapter 274, Volume 45, Laws of Delaware, entitled, "An Act to Amend Chapter 166 of the Revised Code of Delaware, 1935, to Authorize The State Highway Department to Construct, Operate and Maintain a Crossing Over the Delaware River, and Appropriating Certain Monies Therefor", approved April 18, 1945, be and the same is hereby amended by striking out all of said Section 3 and inserting in lieu thereof a new Section 3 as follows:

Section 3. Said Department shall have power and authority to make and enter into all contracts and agreements with any person, firm, corporation, public body or authority of this or any other State which it may consider necessary to or advisable for the performance of its duties and the execution of its powers under this Act; it may establish rules and regulations covering advertising for proposals for the construction of said crossing or for repairs or additions thereto or improvements thereof and may establish standards of eligibility for prospective bidders; it may receive sealed proposals for the construction of said crossing, or such repairs or additions or improvements, or for the materials required for such construction, repairs, additions or improvements, reserving the right to reject any or all proposals, said proposals to be publicly opened at the time specified in the advertisement. The contract or contracts for such work or for the materials and supplies required therefor shall be awarded by the Department to the lowest responsible bidder, unless in the opinion of said Department the interests of the State will be better served by awarding the contract to some other bidder. The successful bidder shall promptly execute a formal contract, to be approved as to its form, terms and conditions by said Department, and shall also furnish a bond in accordance with the provisions of 3119. Sec. 19, Chapter 77 of the Revised Code of Delaware, 1935, and all such provisions, as far as applicable, are hereby incorporated herein by reference and all of the provisions thereof applicable to bonds furnished thereunder shall be likewise applicable to bonds furnished hereunder. But in the event, after Advertisement referred to herein, the Department is unable to secure a satisfactory proposal for the construction of the crossing, or of such repairs, additions or improvements, it may proceed with such construction, repairs, additions or improvements with forces employed by it for the purpose. The Department may employ engineering, architectural and construction experts and inspectors and attorneys and such other experts and employees as may be necessary in its judgment for any of the purposes herein stated, and fix their compensation. All expenses incurred by the Department shall be charged by the Department to the project and the Department shall keep proper records and accounts showing each amount so charged. The amount so charged shall be paid by the Department from the funds to be supplied for the purposes of this Act for preliminary expenses in connection with the crossing or from funds specially appropriated for the temporary use of the Department. Any of the monies herein, heretofore or hereafter appropriated for such temporary use of the Department prior to the furnishing of funds for the purpose of carrying out the terms of this Act which may be used by the Department shall be repaid by the Department to the State Treasury from the funds so to be supplied. No liability or obligation shall be incurred by the Department hereunder beyond the amount of money which shall have been previously appropriated by the General Assembly or beyond the amount of the funds to be otherwise supplied for the purpose of carrying out the purposes of this Act. The Department shall, during the month of January in each year, make a report to the Governor, setting forth all of the facts necessary and pertinent to the performance by the Department of its duties under this Act in respect to the construction, operation and maintenance of said crossing. The accounts of the Department in connection with the construction, maintenance and operation of said crossing shall be maintained separate and apart from the other accounts of the Department and shall be audited annually by the State Auditor.

The said State Highway Department is hereby authorized to establish a Division within said Department to be known as the "Delaware Crossing Division", and to appoint a Director thereof and fix his compensation. The Director of said Division shall have supervision of all activities relating to the construction of the said crossing and shall have authority to call for bids for construction in connection therewith, to sign vouchers and to perform all such acts and duties as shall be required of him by the said State Highway Department. Upon the completion of said crossing and the opening of the same for public use, the Delaware Crossing Division and the office of Director thereof shall forthwith cease and terminate.

Section 2. There is hereby appropriated to the State Highway Department the sum of One Hundred Thousand Dollars ($100,000.00) for the temporary use of the Department to defray the cost of preliminary surveys, studies, borings, or other necessary services. Such appropriation shall be known as a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated.

Approved April 5, 1947.