Delaware General Assembly


CHAPTER 544

REORGANIZATION OF DELAWARE MEMORIAL BRIDGE DIVISION

AN ACT TO AMEND CHAPTER 3, TITLE 7, DELAWARE CODE ENTITLED "THE DELAWARE MEMORIAL BRIDGE" AS AMENDED BY CHAPTER 492 VOLUME 50 LAWS OF DELAWARE (SENATE SUBSTITUTE NO. 1 FOR SENATE BILL NO. 472 AS AMENDED) BY REORGANIZING AND RECONSTITUTING THE DELAWARE MEMORIAL BRIDGE DIVISION OF THE STATE HIGHWAY DEPARTMENT AS THE DELAWARE INTERSTATE HIGHWAY DIVISION AND BY THE APPOINTMENT OF THE MEMBERS THERETO.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 3, Title 7, Delaware Code as amended by Chapter 492 Volume 50 Laws of Delaware (Senate Substitute No. 1 for Senate Bill 472, as amended) be and the same is further amended by striking out and repealing Section 2 of Chapter 492, Volume 50 Laws of Delaware (Senate Substitute No. 1 for Senate Bill No. 472) and enacting and inserting in lieu thereof a new Section 2 as follows :

Section 2. The Delaware Interstate Highway Division shall consist of three members, composed of a Director, who shall be the presiding officer of the Division and two associate members, any or all of whom may be members of the State Highway Department. There is hereby appointed, viz. Garrett E. Lyons, Director of said Division, Leroy F. Hawke, associate member of said Division and J. Henry Topkis, associate member of said Division, to serve until July 27, 1959. In the event of a vacancy resulting from death, resignation or disqualification of the Director or of an associate member named herein, such vacancy shall be filled for the unexpired term by a person to be selected by the remaining members of The Delaware Interstate Highway Division. Thereafter, upon the expiration of the term of any such appointee a successor shall be appointed by the State Highway Department for a term of four (4) years, and in the

event of a vacancy for any cause at any time thereafter it shall be filled in like manner but only for the unexpired term. No more than two members shall be affiliated with the same political party. All appointments shall continue until the successors have been qualified. Any persons appointed to the Division may be appointed to succeed himself. The Director and associate members shall serve without compensation, but shall receive their actual expenses incurred while engaged in the affairs of the Division. The Secretary of the State Highway Department shall be Secretary of the Division provided however that the said Secretary may appoint a deputy to act in his stead. The Chief Engineer of the State Highway Department shall be Chief Engineer of the Division provided however that the said Chief Engineer may appoint a deputy to act in his stead. The Division shall have power to establish by-laws, rules and regulations for its own government and procedure, and to make and enter into all contracts and agreements deemed necessary or incident to the performance of its duties and the exercise of the powers conferred by the laws of this State. The Division may employ engineers, financial advisers, attorneys and all other persons deemed necessary for the performance of its duties and the execution of its powers, and may prescribe the duties and fix the compensation of all such agents or employees.

NOTE: This bill became a law on December 5, 1955 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware.