CHAPTER 22

APPROPRIATION FOR IMPROVEMENT OF WHITE'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 WHITE'S CREEK BETWEEN INDIAN RIVER BAY AND A POINT BEYOND ASSAWOMAN CANAL TO LORD BALTIMORE SCHOOL 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 GOVERNMENT.

WHEREAS, the channel leading from Indian River Bay to Assawoman Canal known as White's Creek, and beyond Assawoman Canal up White's Creek, a distance of about three-quarters of a mile to Lord Baltimore School, near Ocean View, Sussex County, Delaware, has by reason of natural elements shoaled from said canal for all its distance up to the Assawoman Canal and beyond to Lord Baltimore School so that except there be extreme tides it has become impossible for boats drawing more than five feet of water to land their passengers and freight at any of the docks or wharves along said White's Creek; and

WHEREAS, it has become necessary for said channel to be dredged to such depth and width so that all shipping, drawing at least six feet of water, may have safe and sure passage from the said channel to the said docks and wharves in or near the said town of Ocean View; 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. The Delaware Commission of Shell Fisheries is 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 in order that the State of Delaware may avail itself of the offer of the Federal Government to dredge the channel in Sussex County, known as White's Creek, leading from Indian River Bay to a point about three-quarters of a mile beyond Assawoman Canal to Lord Baltimore School, and 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 harmless the United States free from claims for damages resulting from the improvements, and to give the Secretary of War of the United States such assurances, and to do all other things necessary to be done in order that the State of Delaware may avail itself of said offer to improve said channel.

Section 2. Upon compliance with the provisions of this Act, the said channel shall be dredged and improved to such depth and width so that all shipping, drawing at least six feet of water, may have safe and sure passage through and from the said channel to the docks and wharves in or near the town of Ocean View.

Section 3. The sum of Thirty Thousand Dollars ($30,000.00) is appropriated to the Delaware Commission of Shell Fisheries for use in carrying out the purposes of this Act, Twenty-five Thousand Dollars ($25,000.00) 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 ($5,000.00) of which sum so appropriated 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.

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.

Section 4. This Bill shall be known as a Supplementary Appropriation Bill, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware.

Approved March 25, 1957.