CHAPTER 170

RELATING TO SOIL CONSERVATION DISTRICT OF KENT COUNTY

AN ACT AUTHORIZING THE BOARD OF SOIL DISTRICT SUPERVISORS OF THE SOIL CONSERVATION DISTRICT OF KENT COUNTY TO CERTIFY THAT CERTAIN MONEYS ALREADY RECEIVED OR HEREINAFTER RECEIVED, FOR CONSTRUCTION OF A DITCH KNOWN AS THE SOUTH HERRING BRANCH DITCH, LOCATED EAST OF DOVER, DELAWARE, HAVE BEEN COLLECTED IN ACCORDANCE WITH THE REQUIREMENTS OF HOUSE BILL NO. 71, PASSED BY THE 117TH GENERAL ASSEMBLY, WHEN AND IF SAID DITCH BECOMES A LEGAL TAX DITCH.

WHEREAS, a group of farmers near Dover, Delaware, entered into an agreement with and had construction performed by the Board of Soil District Supervisors of the Soil Conservation District of Kent County in connection with the ditch known as the South Herring Branch Ditch, located east of Dover, Delaware; and

WHEREAS, this group believed when this work was undertaken that State and County funds could be used from current appropriations to defer up to fifty per cent (50%) of the cost of this project; and

WHEREAS, this group actually deposited with said Board one-half of the estimated cost of said project as evidence of their good faith; and

WHEREAS, this group has now learned that it does not have status as a legal tax ditch and it is, therefore, not possible for such funds to be made available to them; and

WHEREAS, it is the intention of this group to form a legal tax ditch at this time; and

WHEREAS, House Bill No. 71, having been enacted into law by this, the 117th General Assembly, appropriated to the State Soil Conservation Commission the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) for each of the fiscal years during the next biennium, and directed the Levy Court of Kent County to make similar appropriations to the State Soil Conservation Commission, to be used for the purpose of contributing to the cost of work done on tax ditches of Kent County, and therefore no further appropriation is necessary to carry out the purposes of this act; NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The Board of Soil District Supervisors of the Soil Conservation District of Kent County is authorized to certify to the State Treasurer and the Levy Court of Kent County, that certain moneys already collected or received, or hereinafter received, by said Board, for the construction of a ditch known as South Herring Branch Ditch, located east of Dover, Delaware, have been collected or received in accordance with the provisions of House Bill No. 71, enacted into law by the 117th General Assembly, when and if said ditch becomes a legal tax ditch, provided said ditch becomes a legal tax ditch prior to June 30, 1955.

Approved June 23, 1953.