CHAPTER 158

APPROPRIATION

DELAWARE COMMISSION OF SHELL FISHERIES

FOR IMPROVEMENT OF INDIAN RIVER AND BAY IN

SUSSEX COUNTY

AN ACT MAKING AN APPROPRIATION TO THE DELAWARE COMMISSION OF SHELL FISHERIES FOR THE STATE'S SHARE OF THE INITIAL COSTS OF THE IMPROVEMENT OF THE INDIAN RIVER AND BAY IN SUSSEX COUNTY, AND AUTHORIZING AND EMPOWERING THE SAID COMMISSION TO ACT AS THE AGENCY OF THE STATE OF DELAWARE TO DO ALL THINGS NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE UNITED STATES GOVERNMENT RELATIVE TO THE STATE'S CONTRIBUTION TO SAID IMPROVEMENTS.

WHEREAS, Indian River from the Inlet at the Ocean Front has by reason of natural elements shoaled from said Inlet for all of its distance up to the town of Millsboro, so that except there be extreme tides it has become impossible for boats drawing more than four feet of water to land their passengers and freight at any of the docks or wharves in or near the said Town of Millsboro, and

WHEREAS, it has become necessary for said Indian River to be dredged so that all shipping may have safe and sure passage from Indian River Inlet to the said docks and wharves at the head of said River, and

WHEREAS, the United States Government, through its proper agencies, is prepared to expend the sum of Two Hundred Fifty Thousand ($250,000.00) Dollars for said project, provided the State of Delaware will authorize and empower the proper State authorities to make necessary contracts with the United States government and others; to secure all lands, easements, and rights-of-way and spoil-disposal areas for the initial work and for subsequent maintenance; to hold and save the United States free from claims for damages resulting from improvement; and to give assurances satisfactory to the Secretary of War that suitable terminal facilities will be provided and maintained, open to all on equal terms,

NOW, THEREFORE, in order to avail the State of Delaware of the offer on the part of the government of the United States,

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

Section 1. That the Delaware Commission of Shell Fisheries is hereby authorized and empowered as the agent of the State of Delaware to enter into all necessary contracts with the proper agency of the government of the United States and to do all other things necessary to be done in order that the State of Delaware may avail itself of the offer of the federal government to improve the Indian River and Bay in Sussex County.

Section 2. That the sum of Fifty-five Thousand ($55,000.00) Dollars is hereby appropriated to the Delaware Commission of Shell Fisheries for use in carrying out the purposes of this Act, Fifty Thousand ($50,000.00) Dollars of which sum so appropriated shall be paid to the proper agency of the United States government as the contribution of the State of Delaware to the initial cost of the improvement mentioned herein, and Five Thousand ($5,000.00) Dollars of which appropriation shall be used for other purposes necessary to be done or performed on the part of the State of Delaware.

The amount so appropriated shall be paid out by the State Treasurer of the State of Delaware upon warrants duly signed and approved by the proper officers of the Delaware Commission of Shell Fisheries.

Section 3. This bill shall be known as a Supplementary Appropriation Bill, and the moneys hereby appropriated shall be paid out of the General Fund of the State Treasury from sums not otherwise appropriated.

Approved May 27, 1949.