CHAPTER 21

APPROPRIATION -

FOR IMPROVEMENT OF PEPPER'S CREEK

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 BAY CHANNEL VIA PEPPER'S CREEK 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 IMPROVEMENT.

WHEREAS, the channel leading from Indian River Bay via Pepper's Creek to Dagsboro has by reason of natural elements shoaled from said river for all of its distance up to the town of Dagsboro 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 Dagsboro; and

WHEREAS, it has become necessary for said channel to be dredged so that all shipping may have safe and sure passage from the said channel to the said docks and wharves in or near the said town of Dagsboro; and

WHEREAS, The United States Government, through its proper agencies is prepared to expend the sum of one hundred and twenty-five thousand dollars ($125,000.00) 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-ways 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 the improvements; and to give assurance 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 General Assembly of the State of Delaware:

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 channel in Sussex County.

Section 2. That the sum of thirty thousand dollars ($30,000) is hereby appropriated to the Delaware Commission of Shell Fisheries for use in carrying out the purpoSes of this Act, twenty-five thousand dollars ($25,000) of which sum so appropriated shall be paid the proper agency of the United States Government as the contribution of the State of Delaware to the initial cost of the improvement mentioned therein, and five thousand dollars ($5,000) 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 of the State Treasury 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. The funds hereby appropriated shall revert to the General Fund of the State Treasury if the United States Government fails, neglects or refuses to carry out its offer of expending the sum of One Hundred and Twenty-five Thousand Dollars ($125,000.00) to improve said channel by June 30, 1959. In the event the United States Government does carry out its said offer to improve said channel and any part of said sum hereby appropriated remains unexpended after the completion of the purposes of this act, the unexpended part thereof shall revert to the General Fund of the State Treasury.

Approved March 25, 1957.