CHAPTER 10

AN ACT TO PERMIT THE STATE HIGHWAY DEPARTMENT TO USE FOR HIGHWAY REPAIR AND RECONSTRUCTION CERTAIN REIMBURSEMENT FUNDS RECEIVED BY THE STATE OF DELAWARE FROM THE DELAWARE INTERSTATE HIGHWAY DIVISION.

WHEREAS, Chapter 216, Volume 52, Laws of Delaware provides, in part, that the Delaware Interstate Highway Division is authorized and empowered at one time or from time to time, to issue not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) additional Revenue Bonds, pursuant to the provisions of Chapter 3, Title 17, Delaware Code, as amended, for the purpose of making additions and improvements to the Delaware Memorial Bridge, its appurtenances and approaches, deemed necessary by the said Division, and

WHEREAS, Chapter 216, Volume 52, Laws of Delaware further provides, in part, that the Delaware Interstate Highway Division, in addition to its other powers, may enter into agreements with the State Highway Department, among others, to construct or reconstruct any addition or improvement to the said Bridge, its appurtenances or approaches and to pay, or reimburse the said Departments or others, in whole or part, the costs of said additions or improvements, including the costs of the acquisition of any rights-of-way, franchises, easements or other interests in land deemed necessary by the Division for such additions or improvements, and

WHEREAS, the State Highway Department under agreements with the Delaware Interstate Highway Division has constructed certain approaches to the Delaware Memorial Bridge, the approaches being a portion of the National System of Interstate and Defense Highways, for which, under the provisions of Chapter 216, Volume 52, Laws of Delaware reimbursement could be made, and

WHEREAS, Chapter 205, Volume 52, Laws of Delaware provides that all funds received by the State of Delaware or any agency thereof as reimbursement of the State's portion of

the cost of construction of interstate roads or highways shall be applied to the payment of any notes of the State of Delaware issued in anticipation of the issuance of bonds therefor and that in the event there be no notes issued in anticipation of the bonds for which payment may be made, the funds so received shall be set aside and held by the State Treasurer in anticipation of the issuance of such notes, and

WHEREAS, the past severe winter season, marked by forty-three inches of snow and prolonged sub-freezing temperatures, has required heavy expenditures for snow removal and, in addition thereto, has resulted in severe damage to the highway systems of this State, and

WHEREAS, funds currently available to the State Highway Department are not nearly adequate to meet the costs of repairs required as a result of the winter conditions,

NOW, THEREFORE,

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

Section 1. Chapter 205, Volume 52, Laws of Delaware is hereby amended by deleting the period at the end of the first sentence thereof and adding the following thereto:

"with the exception that of funds received as reimbursement for the construction, by the State Highway Department, of approaches to the Delaware Memorial Bridge, a sum not to exceed One Million Five Hundred Thousand Dollars ($1,500,000) may be paid to the said State Highway Department for use in the repair or reconstruction of damaged highways throughout the State.

Section 2. "Funds made available to the State Highway Department by Section 1 hereof may be utilized for the reconstruction and repair of damaged highways. The funds may be used by the State Highway Department to defray the engineering, inspection and material costs, the costs of contracts, and such other costs as may be deemed necessary by the Department to properly perform this work.

Section 3. The Secretary of the State Highway Department, shall from time to time, but not less frequently than quarterly, submit to the members of the State Highway Department detailed reports documenting the expenditures made from the funds provided herein.

Approved March 28, 1961.