CHAPTER 549

HOUSE BILL NO. 1160

AN ACT AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO USE CERTAIN FUNDS APPROPRIATED BY THE "ANNUAL CAPITAL IMPROVEMENTS ACT OF 1976" FOR THE PURCHASE AND ERECTION OF A NEW WATER TOWER IN THE TOWN OF NEWPORT.

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

Section 1. The sum of $153,000 appropriated to the Department of Highways and Transportation by the "Annual Capital Improvements Act of 1976" (Chapter 271, Volume 60, Laws of Delaware) for the purpose of purchasing and erecting a new water tower for the Town of Newport shall be used by the Department for such purchase subject to the restrictions hereinafter recited.

Section 2. The Town of Newport shall handle and be responsible for all contract preparations, negotiations, awarding of contracts and all other matters relating to the purchase and erection of said water tower, except the disbursement of the above mentioned funds, provided that prior to any contract preparations being prepared and finalized there shall be executed an agreement between the Department of Highways and Transportation and the Town of Newport relative to such water tower project, which agreement shall recite the restrictions recited herein and any other provisions deemed relevant by the Department.

Section 3. Disbursement of the aforementioned sum of $153,000 to the Town of Newport shall be under the care and management of the Department of Highways and Transportation. The Town of Newport shall present to the Department all bills for costs and expenses incurred for such water tower project. Any costs and expenses for such project in excess of $153,000 shall be the responsibility of the Town of Newport.

Section 4. The Department of Highways and Transportation shall be authorized to use the aforementioned sum of $153,000 for the purpose herein mentioned, notwithstanding the option contract executed by the Department and the Town of Newport on March 14, 1972 and notwithstanding the provisions of any other law of this State.

Approved July 7, 1976