CHAPTER 325

APPROPRIATION - STATE HIGHWAY DEPARTMENT

AN ACT APPROPRIATING CERTAIN MONEYS TO THE STATE HIGHWAY DEPARTMENT FOR THE PURPOSE OF PAYING UNEXPECTED EXPENSES INCIDENT TO MATERIALS AND SERVICES RENDERED IN THE REPAIR OF DIKES ALONG THE DELAWARE RIVER BETWEEN NEW CASTLE AND DEEMER'S BEACH.

WHEREAS, Chapter 240, Volume 48, Laws of Delaware 1951, empowered and directed the State Highway Department to repair the dikes along the Delaware River between New Castle and Deemer's Beach, and appropriated therefor the sum of Twenty-five Thousand Dollars ($25,000.00); and

WHEREAS, a contract for such repairs was awarded in the amount of Twenty-four Thousand Three Hundred Fifty Dollars ($24,350.00) to the contracting firm of Henry C. Eastburn and Sons, Inc., Newark, Delaware, on August 2, 1951; and

WHEREAS, on July 1, 2, and 7, 1952, during the reconstruction of the dikes there were three storms of severe intensity which washed away sections of the completed dikes, which had not yet solidified, and which threatened to destroy the entire project; and

WHEREAS, it is incumbent upon the State Highway Department to provide protection to State property or State investments and that duty was recognized when the Department directed Henry C. Eastburn and Sons, Inc., to make emergency repairs which resulted in an expenditure of One Thousand Nine Hundred Forty-one Dollars and Twenty-five Cents ($1,941.25) in excess of the amount provided by law; NOW, THEREFORE,

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

Section 1. There is appropriated to the State Highway Department the sum of One Thousand Nine Hundred Forty-one Dollars and Twenty-five Cents ($1,941.25) to be used to reimburse Henry C. Eastburn and Sons, Inc., Newark, Delaware, for services rendered in making emergency repairs in the repairing of dikes along the Delaware River between New Castle and Deemer's Beach, provided, nevertheless, that said sum shall not be paid by said Department to the said Henry C. Eastburn and Sons, Inc., until the latter shall render to the Department a release in favor of the State of Delaware, said release stating that the sum received is in full settlement of all claims against the State of Delaware due to storm damage in the reconstruction and repair of the dikes along the Delaware River between New Castle and Deemer's Beach.

Section 2. This is a Supplementary Appropriation Act and the moneys hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated.

Approved July 8, 1953.