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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FIRST
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1961
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND EIGHTY- FIFTH
VOLUME LIII
Printed by
allUord Chronicle Publishing Company
Milford. Delaware
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 53 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Milford Chronicle Publishing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-FIRST SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 3, A. D. 1961 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND EIGHTY-FIFTH VOLUME LIII Printed by allUord Chronicle Publishing Company Milford. Delaware LAWS OF DELAWARE CHAPTER 1 AN ACT TO PROVIDE FOR THE DISTRIBUTION OF FED-ERAL SURPLUS FOODS TO NEEDY PERSONS IN THE STATE OF DELAWARE; EMERGENCY APPROPRIA-TION. WHEREAS, rising unemployment and an unusually severe winter have caused additional hardships for needy persons in the State of Delaware, AND WHEREAS, federal surplus foods are available for distri-bution to our needy citizens and increases in these surplus foods have been ordered by the President of the United States, AND WHEREAS, the Board of Trustees of the Delaware State Hospital is the Delaware State Agency for Surplus Property in accordance with Chapter 68 of Title 29, Delaware Code, AND WHEREAS, the State Board of Trustees of the Delaware State Hospital has administered the Surplus Commodity Pro-gram of the United States Department of Agriculture for in-stitutions (including summer camps) in the State of Delaware for the past 13 years, AND WHEREAS, emergency action is required to distribute such surplus federal foods, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 68, Title 29, Delaware Code, is hereby amended by enacting and adding thereto a new section to read as follows : 1 2 Chapter 1 § 6810. Distribution of surplus federal food The State Board of Trustees of the Delaware State Hos-pital at Farnhurst is hereby empowered and directed to act as the responsible agency to operate the Surplus Commodity Pro-gram for needy families in the State of Delaware, in accordance with the regulations and procedures prescribed by the United States Department of Agriculture. The State Board of Trustees of the Delaware State Hospital may take such action, make such expenditures, and enter into such contracts, agreements and undertakings for the state, to provide for the distribution of available commodities to all eligible needy families in the state who make proper application therefor. The State Board of Trustees of the Delaware State Hospital, to properly operate this program, may request assistance from other State, County and City agencies ; may employ personnel ; fix their compensa-tion and prescribe their duties. "Needy families" as used in this section shall mean those persons or families so certified by the State Department of Public Welfare. Section 2. The State Board of Trustees of the Delaware State Hospital is hereby authorized to use available funds within the discretion of said Board for the implementation of this program during the fiscal year ending June 30, 1961. Section 3. Any previous acts inconsistent with the pro-visions of this Act are hereby repealed to the extent of such inconsistency. Approved February 23, 1961. CHAPTER 2 AN ACT TO PROVIDE FOR A TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION BENEFITS TO UNEMPLOYED WORKERS WHO HAVE EXHAUSTED THEIR RIGHTS TO BENEFITS UNDER STATE UNEM-PLOYMENT COMPENSATION LAWS. WHEREAS, unemployment and the number of workers who have exhausted their rights to Unemployment Compensa-tion benefits is at a high level detrimental to our State's econ-omy, and WHEREAS, the 87th Congress of the United States is con-sidering legislation to provide for a temporary extension of benefits to unemployed workers who have exhausted their rights to benefits under State Unemployment Compensation Laws, and WHEREAS, it is essential, both to the many families who are in need through no fault of their own and to the economy of our State, that temporary relief from this condition be grant-ed. at the earliest possible moment during this period of winter hardship, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. Any person who has exhausted his rights to benefits under the State Unemployment Compensation Law after October 31, 1960, is hereby entitled to an extension of his weekly benefits equal to one-half of the total number of weeks to which he had previously been entitled. Such entitlement shall begin with any week of unemployment beginning on or after the tenth day after the enactment of this Act, or the date regular benefits are exhausted, whichever is later, and ending not later than July 31, 1961. Section 2. The Chairman of the Unemployment Compen-sation Commission of the State of Delaware is hereby authoriz-ed and directed to enter into an agreement or agreements with 3 4 Chapter 2 the Secretary of Labor or other appropriate officer or agency of the United States of America whereby provisions for tem-porary additional unemployment compensation benefits afforded by any act enacted or to be enacted by the 87th Congress of the United States of America which allows an extension of weekly benefits for eligible unemployed workers shall be made avail-able to eligible unemployed Delaware workers, and whereby the Unemployment Compensation Commission of the State of Dela-ware shall be designated to serve as agent of the United States of America in the State of Delaware as provided by any such act of Congress. Upon the execution of any such agreement, the Unemployment Compensation Commission of the State of Delaware shall have such powers as may be necessary to carry out its duties as such agent. Section 3. Section 1 of this act shall become immediately null and void upon execution of any agreement provided for in Section 2 of this act, and any benefits that may have been paid to a person pursuant to Section 1 of this act shall be considered as a part of the additional unemployment compensation bene-fits that may be available pursuant to Section 2 of this act. Approved February 23, 1961. CHAPTER 3 AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAK-ING APPROPRIATIONS FOR THE EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR END-ING JUNE 30, 1961", BEING CHAPTER 299, VOLUME 52, LAWS OF DELAWARE, IN RESPECT TO APPRO-PRIATIONS TO DEPARTMENT OF ELECTIONS FOR NEW CASTLE, KENT AND SUSSEX COUNTIES. Be it enacted by the General Assembly of the State of Delaware: Section 1. The appropriation made to the Department of ElectionsNew Castle County, appearing under the sub-division "Legislative and Elections" in Section 1, Chapter 299, Volume 52, Laws of Delaware, is amended as follows : (1) By trans-ferring the sum of $3,250.00 from the appropriation item "Sal-ary of Board Members", to appropriation item "Salaries and Wages of Employees" under the Department of ElectionsNew Castle County." (2) By transferring the sum of $2,800.00 from the appropriation item "Operations" to the appropriation item "Salaries and Wages of Employees" under "Department of ElectionsNew Castle County". (3) By transferring the sum of $3,100.00 from the appropriation item "Office Expense" to the appropriation item "Registration and Election Officers" under "Department of ElectionsKent County". (4) By trans-ferring the sum of $2,000.00 from the appropriation item "Operations" to the appropriation item "Salaries and Wages of Employees" under "Department of ElectionsSussex Coun-ty". Section 2. The appropriation made to the Department of ElectionsSussex County appearing under the sub-division "Legislative and Elections" in Section 1, Chapter 299, Volume 52, Laws of Delaware is amended by transferring the sum of $2,500.00 from the appropriation item "Office Expense" to the appropriation item "Salaries and Wages" under "Department of ElectionsSussex County". Approved March 1, 1961. 5 6 CHAPTER 4 AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAK-ING APPROPRIATIONS FOR THE EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR END-ING JUNE 30, 1961", BEING CHAPTER 299, VOLUME 52, LAWS OF DELAWARE, IN RESPECT TO APPRO-PRIATIONS TO THE MAINTENANCE DIVISION OF THE STATE HIGHWAY DEPARTMENT, BY MAKING CERTAIN TRANSFERS THEREIN. Be it enacted by the General Assembly of the State of Delaware: Section 1. The appropriations to the State Highway De-partment appearing under "Maintenance Division" in Section 1, Chapter 299, Volume 52, Laws of Delaware, is amended by transferring the sum of $150,000 from the item "Repairs and Replacements" to the item "Salaries and Wages of Employees". Approved March 2, 1961. CHAPTER 5 AN ACT TO AMEND TITLE 10, DELAWARE CODE, EN-TITLED "COURTS AND JUDICIAL PROCEDURE" TO PROVIDE FOR AN ADDITIONAL VICE-CHANCELLOR AND TWO ADDITIONAL SUPERIOR COURT JUDGES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 3, Title 10, Delaware Code is amended by adding the following new section to Subchapter 1 thereof : § 307. Additional Vice-Chancellor There shall be one Vice-Chancellor in addition to the Chan-cellor and Vice-Chancellor specifically required by the provisions of Article IV, Section 2 of the Constitution. Section 2. Chapter 5, Title 10, Delaware Code is amended by adding the following new section to Subchapter 1 thereof : § 509. Additional Associate Judges There shall be two Associate Judges of the Superior Court and of the Orphans' Court in addition to the President Judge and the four Associate Judges specifically required by the pro-visions of Article IV, Section 2 of the Constitution. Approved March 2, 1961. 7 8 CHAPTER 6 AN ACT TO AMEND SECTION 2143, TITLE 21, DELAWARE CODE, RELATING TO THE INSPECTION OF MOTOR VEHICLES BEFORE REGISTRATION; EXCEPTION. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2143, Title 21, Delaware Code, is amended by adding a new subsection as follows: Upon application, subject to approval by the Commissioner, the Department may waive such inspection requirements with respect to the renewal of registration of a vehicle registered in the State of Delaware which is not in this State at the time the inspection is required provided, that an out of state inspection, certified on forms prescribed by the Commissioners, is sub-mitted to the Department. It shall be the duty of the owner of any vehicle so inspected to submit such vehicle for inspection by the Department within ten (10) days after the date the vehicle is returned to this State. Approved March 17, 1961. CHAPTER 7 AN ACT TO AMEND CHAPTER 9, TITLE 29, DELAWARE CODE, RELATING TO LEGISLATIVE BILLS BY PRO-VIDING THAT BILLS MAY BE STENCILED. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 904 (a), Title 29, Delaware Code, by deleting the words "have the bill or resolution re-typewritten or reprinted" in the first sentence thereof and in-serting the following words in lieu thereof "have prepared a corrected copy of the bill or resolution which may be typed, printed or stenciled." Section 2. Amend Section 902 of Title 29, Delaware Code, by inserting the words "or stenciled" between the words "printed" and "or typewritten" as they appear therein. Section 3. Amend Section 902 of Title 29, Delaware Code, by adding the following sentence at the end thereof: The original of all bills and resolutions shall be produced in such a manner as approved by the State Archivist and the Director of the Legislative Reference Bureau for permanency and legibility. Approved March 23, 1961. 9 CHAPTER 8 AN ACT TO AUTHORIZE THE COMPTROLLER OF NEW CASTLE COUNTY TO SELECT AND EMPLOY DEPUTIES AND CLERICAL ASSISTANCE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 93, Title 9, Delaware Code is amended by repealing § 9308 thereof and by substituting and enacting in lieu thereof a new §9308 to read as follows : § 9308. The Comptroller of New Castle County may select and employ two assistant chief deputies, one machine operator, one secretary (stenographic) and one chief clerk (general), in addition to the Chief Deputy Comptroller. Any County Comptroller may select and employ such addi-tional clerical assistance as the Levy Court of his County may approve. Approved March 23, 1961. CHAPTER 9 AN ACT TO AMEND SECTION 26 OF CHAPTER 191, VOL-UME 45, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF DELAWARE CITY", AND RELATING TO THE ISSUE OF BONDS BY THE MAYOR AND COUNCIL OF DELAWARE CITY. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each Branch thereof concurring therein): Section 1. Section 26 of Chapter 191, Volume 45, Laws of Delaware, is amended by striking out the first paragraph now appearing therein and inserting in lieu thereof a new first paragraph to read as follows : "The Mayor and Council of Delaware City", for the pur-pose of carrying into effect the provisions of Section 25 of this Act, may issue bonds of such denomination as they may deem best, bearing interest at a rate not exceeding five per centum per annum, payable semi-annually. The principal of each issue of said bonds shall not be made payable in excess of thirty years from the date of the issue thereof, the said "The Mayor and Council of Delaware City" reserving the power and author-ity of redeeming said bonds or any part of them at the expira-tion of five, ten, or fifteen years from the date of the issue of the same, as determined by "The Mayor and Council of Dela-ware City" at the time of the issuance of said bonds. The said bonds shall be signed by the Mayor and countersigned by the Treasurer, and shall be sealed with the corporate seal, and be exempt from all State, County and Municipal taxation. Approved March 28, 1961. 11 12 CHAPTER 10 AN ACT TO PERMIT THE STATE HIGHWAY DEPARTMENT TO USE FOR HIGHWAY REPAIR AND RECONSTRUC-TION CERTAIN REIMBURSEMENT FUNDS RECEIVED BY THE STATE OF DELAWARE FROM THE DELA-WARE INTERSTATE HIGHWAY DIVISION. WHEREAS, Chapter 216, Volume 52, Laws of Delaware provides, in part, that the Delaware Interstate Highway Divis-ion is authorized and empowered at one time or from time to time, to issue not exceeding Two Million Five Hundred Thou-sand 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 improve-ments 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 High-way 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 apppurtenances 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 agree-ments with the Delaware Interstate Highway Division has con-structed certain approaches to the Delaware Memorial Bridge, the approaches being a portion of the National System of In-terstate 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 Chapter 10 13 the cost of construction of interstate roads or highways shall be applied to the payment of any notes of the State of Dela-ware 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 temper-atures, has required heavy expenditures for snow removal and, in addition thereto, has resulted in severe damage to the high-way systems of this State, and WHEREAS, funds currently available to the State High-way 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 reimburse-ment 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 recon-struction and repair of damaged highways. The funds may be used by the State Highway Department to defray the engineer-ing, inspection and material costs, the costs of contracts, and such other costs as may be deemed necessary by the Depart-ment to properly perform this work. 14 Chapter 10 Section 3. The Secretary of the State Highway Depart-ment, shall from time to time, but not less frequently than quarterly, submit to the members of the State Highway De-partment detailed reports documenting the expenditures made from the funds provided herein. Approved March 28, 1961. CHAPTER 11 AN ACT TO AMEND TITLE 30, SECTION 1171, DELAWARE CODE, RELATING TO INCOME TAX BY REPEALING THE PROVISIONS FOR INSTALLMENT PAYMENTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 30, Section 1171 (a), Delaware Code, is amended by striking all the words appearing after the words "for filing return" in the third line thereof and by changing the comma at the end of the word "return" to a period. Section 2. In the case of personal income taxes due for the calendar year ending December 31, 1960, the amount of tax payable, if more than $5.00, may be paid in the following man-ner: One-fourth of the amount of tax at the time fixed for filing the return ; one-half of the amount of tax on or before June 15, 1961; and one-fourth of the amount of tax on or before October 30, 1961. Approved April 3, 1961. 15 16 CHAPTER 12 AN ACT TO AMEND CHAPTER 188, VOLUME 18, LAWS OF DELAWARE, CREATING A STREET AND SEWER DE-PARMENT, AS AN AGENCY OF THE MAYOR AND COUNCIL OF WILMINGTON, AND THE ACTS AMEND-ATORY THEREOF AND SUPPLEMENTAL THERETO, BY CHANGING THE NAME OF SAID DEPARTMENT TO THE DEPARTMENT OF PUBLIC WORKS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): Section 1. That Chapter 188, Volume 18, Laws of Dela-ware, by which the Street and Sewer Department was created as an agency of The Mayor and Council of Wilmington be and the same is amended by striking the words "Street and Sewer Department" whenever used therein and substituting for the words so stricken the words "Department of Public Works." Section 2. That all acts amendatory of said Chapter 188, Volume 18, Laws of Delaware, or in any wise supplemental thereto, in which the said words are used including, Volume 18, Laws of Delaware, Chapter 665; Volume 19, Laws of Dela-ware, Chapters 206, 207, 208, 209, 220 and 735; Volume 20, Laws of Delaware, Chapter 93, 547 and 566; Volume 22, Laws of Delaware, Chapter 405; Volume 24, Laws of Delaware, Chap-ter 183; Volume 26, Laws of Delaware, Chapters 196, 197, and 199; Volume 27, Laws of Delaware, Chapter 206; Volume 28, Laws of Delaware, Chapters 114 and 116; Volume $1, Laws of Delaware, Chapter 28; Volume 36, Laws of Delaware, Chap-ter 145; Volume 37, Laws of Delaware, Chapters 135, 136, 140 and 146; Volume 42, Laws of Delaware, Chapter 115; Volume 43, Laws of Delaware, Chapters 44 and 145; Volume 46, Laws of Delaware, Chapters 219 and 237; Volume 47, Laws of Delaware, Chapter 269; Volume 49, Laws of Delaware, Chapter 273; and Volume 51, Laws of Delaware, Chapters 58 and 352, are likewise amended in the same respect and extent as provided in Section 1 hereof. Section 3. That it is hereby stated that the sole and ex-clusive purpose of this Act is to effect a change of name, as Chapter 12 17 heretofore provided and that all the powers and jurisdiction of the Street and Sewer Department shall remain and be un-affected notwithstanding the provisions hereof. Approved April 7, 1961. 18 CHAPTER 13 AN ACT TO AMEND TITLE 21, AUTHORIZING BLUE LIGHTS ON VEHICLES USED BY FIRE POLICE. Be it enacted by the General Assembly of the State of Delaware: Section 1. An act to amend Title 21 by enacting a new Section 4357 as follows : § 4357. Any motor vehicle used by a fire chief, assistant fire chief, fire engineer and fire policeman may have placed upon such motor vehicle flashing blue lights. Such flashing blue lights shall be used by the fire chief, assistant fire chief and fire engineers, and fire policeman, of any regularly established fire company only in the performance of their duties. Approved April 7, 1961. CHAPTER 14 AN ACT TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC WELFARE FOR SALARIES, ASSISTANCE GRANTS AND CHILD WELFARE SERVICE. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the Depart-ment of Public Welfare the sum of $118,500 for the fiscal year ending June 30, 1961, to be allocated as follows: 19 Section 2. This Act is a supplementary appropriation act and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 11, 1961. Approved April 11, 1961. Salaries and wages of employees $ 21,000 Aid to dependent children grants 15,000 Aid to disabled grants 6,000 Direct carechild welfare service 76,500 $118,500 20 CHAPTER 15 AN ACT AUTHORIZING THE RECORDER OF KENT COUNTY TO PROCURE A NEW SEAL. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Recorder of Kent County is authorized to procure a new press and seal, to be made of steel or brass of the same diameter as the present seal of his office and engraved with the same device as the present seal or such similar device as the Levy Court of Kent County shall direct, and when com-pleted the said seal shall be taken, adjudged and deemed to be the seal of the Recorder of Kent County. Section 2. When the new seal shall be procured as afore-said the Recorder shall cause the present seal to be broken and destroyed in the presence of the Sheriff of Kent County. Section 3. The Levy Court of Kent County shall pay the necessary costs and expenses of procuring the said new press and seal. CHAPTER 16 AN ACT AUTHORIZING THE PROTHONOTARY OF KENT COUNTY TO PROCURE A NEW SEAL. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Prothonotary of Kent County is author-ized to procure a new press and seal, to be made of steel or brass of the same diameter as the present seal of his office and en-graved with the same device as the present seal or such similar device as the Levy Court of Kent County shall direct, and when completed the said seal shall be taken, adjudged and deemed to be the seal of the Prothonotary of Kent County. Section 2. When the new seal shall be procured as afore-said the Prothonotary shall cause the present seal to be broken and destroyed in the presence of the Sheriff of Kent County. Section 3. The Levy Court of Kent County shall pay the necessary costs and expenses of procuring the said new press and seal. Approved April 11, 1961. 21 22 CHAPTER 17 AN ACT AUTHORIZING THE REGISTER OF WILLS OF KENT COUNTY TO PROCURE A NEW SEAL. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Register of Wills of Kent County is au-thorized to procure a new press and seal, to be made of steel or brass of the same diameter as the present seal of his office and engraved with the same device as the present seal or such similar device as the Levy Court of Kent County shall direct, and when completed the said seal shall be taken, adjudged and deemed to be the seal of the Register of Wills of Kent County. Section 2. When the new seal shall be procured as afore-said the Register of Wills shall cause the present seal to be broken and destroyed in the presence of the Sheriff of Kent County. Section 3. The Levy Court of Kent County shall pay the necessary costs and expenses of procuring the said new press and seal. Approved April 11, 1961. CHAPTER 18 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE STATE BOARD OF CORRECTIONS FOR THE FISCAL YEAR JULY 1, 1960-JUNE 30, 1961. Be it enacted by the General Assembly of the State of Delaware: Section 1. The amount of $85,000 is hereby appropriated to the Board of Corrections for the fiscal year ending June 30, 1961, to be expended as follows : 23 Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved April 11, 1961. Office expense $ 4,000 Operations 76,000 Repairs and replacements 5,000 24 CHAPTER 19 AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS TO THE CUSTODIAN OF THE STATE HOUSE, THE OFFICE OF GOVERNOR, THE SECRETARY OF STATE, AND THE LEGISLATIVE REFERENCE BUREAU. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $43,009.20 is hereby appropriated to the Custodian of the State House for the fiscal year ending June 30, 1961, to be expended as follows : Section 2. The sum of $3,290.30 is hereby appropriated to the Office of Governor for the fiscal year ending June 30, Section 3. The sum of $2,000.00 is hereby appropriated to the Secretary of State for the fiscal year ending June 30, 1961, to be expended for "Departmental Supplies." Section 4. The sum of $1,300.00 is hereby appropriated to the Legislative Reference Bureau for the fiscal year ending June 30, 1961, to be expended for Office expense. Section 5. This Act is a supplementary appropriation act and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 11, 1961. Salaries and wages of employees $25,459.90 Operations 13,023.00 Repairs and replacements 4,526.30 $43,009.20 1961, to be expended as follows: Office expense $ 300.00 Contingent expenses 2,000.00 Equipment 990.30 $3,290.30 CHAPTER 20 AN ACT TO AMEND "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1961", BEING CHAPTER 299, VOLUME 52, LAWS OF DELA-WARE, IN RESPECT TO APPROPRIATIONS TO THE STATE BOARD OF EDUCATION, BY MAKING TRANS-FERS IN CERTAIN APPROPRIATION ITEMS THEREIN. Be it enacted by the General Assembly of the State of Delaware: Section 1. The appropriations made to the State Board of Education in Section 1 of Chapter 299, Volume 52, Laws of Delaware, are amended by transferring the sum of $4,070 from Division I. D. b. 3, Salaries of Supervisors with program, Physical Education, and the sum of $1,500 from Division I. H. 5, Salaries of Teachers, Music, and the sum of $3,430 from Divis-ion I. H. 2, Salaries of Art Teachers, to Division II. B. 9, Deaf Program. Section 2. The appropriations made to the State Board of Education in Section 1 of Chapter 299, Volume 52, Laws of Delaware, are amended by transferring the sum of $6,000 from Division I. D. a. 10, Salaries, Supervisors Teacher Training (1/2 Federal), to Division II. B. 11, Homebond Instruction. Approved April 11, 1961. 25 26 STATE BOARD DISTRICTS Gunning Bedford, Jr. No. 53 SALARIES Teachers $ 5,439.00 Janitorial 7,283.00 Cafeteria 1,131.00 CHAPTER 21 AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO THE STATE BOARD OF EDUCATION, CERTAIN SCHOOL DISTRICTS AND THE WILMINGTON BOARD OF EDUCATION FOR THE FISCAL YEAR ENDING JUNE 30, 1961. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the State Board of Education, certain school districts and the Wilmington Board of Education the sum of $1,295,811 for the fiscal year ending June 30, 1961. State Board ofEducation 1-2-3 Teacher Schools SALARIES Cafeteria $1,000.00 Teachers 4,500.00 Total Salaries $5,500.00 Total 1-2-3 Teacher Schools $5,500.00 Total Salaries $13,853.00 CAPITAL OUTLAY 200.00 ALL OTHER COSTS 1,300.00 Total Gunning Bedford, Jr. No. 53 $15,353.00 Chapter 21 27 H. C. Conrad No. 131 SALARIES Teachers $30,157.00 Janitorial 14,221.00 Total Salaries $44,378.00 CAPITAL OUTLAY 700.00 ALL OTHER COSTS 4,550.00 Total H. C. Conrad No. 131 $49,628.00 Alfred I. duPont No 7 SALARIES Teachers $147,363.00 Total Salaries $147,363.00 CAPITAL OUTLAY 2,600.00 ALL OTHER COSTS 16,900.00 Total Alfred I. duPont No. 7 $166,863.00 Marshallton No. 77 SALARIES Clerical $ 2,416.00 Teachers 11,812.00 Janitorial 2,062.00 Health 1,762.00 Total Salaries $18,052.00 CAPITAL OUTLAY 900.00 ALL OTHER COSTS 5,850.00 Total Marshallton No. 77 $24,802.00 28 Chapter 21 Middletown No. 60 SALARIES Janitorial $3,292.00 Total Salaries $3,292.00 Total Middletown No. 60 $3,292.00 Newport No. 21 SALARIES Teachers $ 7,937.00 Total Salaries $ 7,937.00 CAPITAL OUTLAY 300.00 ALL OTHER COSTS 1,950.00 Total Newport No. 21 $10,187.00 Oak Grove School No. 130 SALARIES Adm. Asst. $ 2,000.00 Principals 1,220.00 Teachers 8,144.00 Total Salaries $11,364.00 CAPITAL OUTLAY 500.00 ALL OTHER COSTS 3,250.00 Total Oak Grove No. 130 $15,114.00 Rose Hill-Minquadale No. 47 and J. G. Leach SALARIES Teachers $51,869.00 Janitorial 17,157.00 Cafeteria 5,346.00 Chapter 21 29 Total Salaries $74,372.00 CAPITAL OUTLAY 1,500.00 ALL OTHER COSTS 9,750.00 Total Rose Hill-Minquadale No. 47 and J. G. Leach $85,622.00 Stanton No. 38 SALARIES Teachers $102,502.00 Janitorial 14,322.00 Health 1,600.00 Cafeteria 1,270.00 Total Saalaries $119,694.00 CAPITAL OUTLAY 2,100.00 ALL OTHER COSTS 13,650.00 Total Stanton No. 38 $135,444.00 Townsend No. 81 CAPITAL OUTLAY $100.00 ALL OTHER COSTS 650.00 Total Townsend No. 81 $750.00 Millside No. 132 SALARIES Teachers $5,115.00 Total Salaries $5,115.00 CAPITAL OUTLAY 100.00 ALL OTHER COSTS 650.00 Total Millside No. 132 $5,865.00 30 Chapter 21 Middletown No. 120 SALARIES Teachers $5,737.00 Janitorial 1,070.00 Total Salaries $6,807.00 CAPITAL OUTLAY 100.00 ALL OTHER COSTS 650.00 Total Middletown No. 120 $7,557.00 Magnolia No. 50 SALARIES Teachers $4,902.00 Total Salaries $4,902.00 Total Magnolia No. 50 $4,902.00 Felton No. 54 SALARIES Janitorial $1,425.00 Total Salaries $1,425.00 CAPITAL OUTLAY 100.00 ALL OTHER COSTS , 650.00 Total Felton No. 54 $2,175.00 Frederica No. 32 CAPITAL OUTLAY $100.00 ALL OTHER COSTS 650.00 Total Frederica No. 32 $750.00 Chapter 21 31 Wm. W. M. Henry No. 133 SALARIES Principals $ 1,237.00 Clerical 2,097.00 Teachers 33,465.00 Janitorial 1,806.00 Total Salaries $38,605.00 CAPITAL OUTLAY 600.00 ALL OTHER COSTS 3,900.00 Total Wm. W. M. Henry No. 133 $43,105.00 Bridgeville No. 90 CAPITAL OUTLAY $100.00 ALL OTHER COSTS 650.00 Total Bridgeville No. 90 $750.00 Delmar No. 163 SALARIES Teachers $6,926.00 Janitorial 1,636.00 Total Salaries $8,562.00 CAPITAL OUTLAY 100.00 ALL OTHER COSTS 650.00 Total Delmar No. 163 $9,312.00 John M. Clayton No. 97 SALARIES Teachers $2,091.00 Total Salaries $2,091.00 CAPITAL OUTLAY 100.00 32 Chapter 21 ALL OTHER COSTS 650.00 Total John M. Clayton No. 97 $2,841.00 Greenwood No. 91 SALARIES Teachers $1,224.00 Milton No. 8 SALARIES Clerical $ 1,539.00 Teachers 14,057.00 Janitorial 3,111.00 Total Salaries $1,224.00 Total Greenwood No. 91 $1,224.00 Total Salaries $18,707.00 CAPITAL OUTLAY 200.00 ALL OTHER COSTS 1,300.00 Total Milton No. 8 $20,207.00 Frankford No. 206 CAPITAL OUTLAY $ 200.00 ALL OTHER COSTS 1,300.00 Total Frankford No. 206 $1,500.00 Millsboro No. 204 CAPITAL OUTLAY $100.00 ALL OTHER COSTS 650.00 Total Millsboro No. 204 $750.00 Chapter 21 33 William C. Jason No. 192 CAPITAL OUTLAY $ 200.00 ALL OTHER COSTS 1,300.00 Total William C. Jason No. 192 $1,500.00 Selbyville No. 210 SALARIES Teachers $1,729.00 Total Salaries. $1,729.00 Total Selbyville No. 210 $1,729.00 Caesar Rodney SALARIES Teachers $39,324.00 Clerical 2,367.00 Janitorial 5,468.00 Health 1,965.00 Total Salaries $49,124.00 CAPITAL OUTLAY 1,100.00 ALL OTHER COSTS 7,150.00 Claymont SALARIES Clerical $2,621.00 Health 1,000.00 Total Caesar Rodney $57,374.00 Total Salaries $3,621.00 CAPITAL OUTLAY 400.00 34 Chapter 21 ALL OTHER COSTS 2,600.00 Total Claymont $6,621.00 Dover SALARIES Clerical $ 2,475.00 Teachers 15,155.00 Health 1,590.00 Total Salaries $19,220.00 CAPITAL OUTLAY 1,300.00 ALL OTHER COSTS 8,450.00 Total Dover $28,970.00 Alexis I. duPont SALARIES Teachers $7,088.00 Total Salaries $7,088.00 CAPITAL OUTLAY 200.00 ALL OTHER COSTS 1,300.00 Total Alexis I. duPont $8,588.00 Georgetown SALARIES Teachers $5,494.00 Total Salaries $5,494.00 Total Georgetown $5,494.00 Harrington SALARIES Principals $3,137.00 Chapter 21 35 Teachers 3,745.00 Total Salaries $6,882.00 CAPITAL OUTLAY 300.00 ALL OTHER COSTS 1,950.00 Total Harrington $9,132.00 Laurel SALARIES Teachers $2,392.00 Total Salaries $2,392.00 Total Laurel $2,392.00 Lewes SALARIES Teachers $5,220.00 Total Salaries $5,220.00 CAPITAL OUTLAY 100.00 ALL OTHER COSTS 650.00 Total Lewes $5,970.00. Milford SALARIES Principals $1,145.00 Teachers 3,288.00 Total Salaries $4,433.00 CAPITAL OUTLAY 300.00 ALL OTHER COSTS 1,950.00 Total Milford $6,683.00 36 Chapter 21 Mount Pleasant SALARIES Teachers $52,442.00 Janitorial 18,049.00 - Cafeteria 1,800.00 Total Salaries $72,291.00 CAPITAL OUTLAY 800.00 ALL OTHER COSTS 5,200.00 New Castle SALARIES Teachers $ 85,490.00 Janitorial 2,400.00 Health 3,300.00 Total Mount Pleasant $78,291.00 Total Salaries $ 91,190.04 CAPITAL OUTLAY 1,800.00 ALL OTHER COSTS 11,700.00 Newark SALARIES Administrative Assistants $ 5,413.00 Clerical 3,840.00 Teachers 109,252.00 Total New Castle $104,690.00 Total Salaries $118,505.00 CAPITAL OUTLAY 2,400.00 ALL OTHER COSTS 15,600.00 Total Newark $136,505.00 Chapter 21 37 Rehoboth SALARIES Clerical $ 2,775.00 Teachers 7,174.00 Janitorial 1,829.00 Total Salaries $11,778.00 CAPITAL OUTLAY 100.00 ALL OTHER COSTS 650.00 Seaford SALARIES Teachers $18,062.00 Total Rehoboth $12,528.00 Total Salaries $18,062.00 CAPITAL OUTLAY 500.00 ALL OTHER COSTS 3,250.00 Smyrna SALARIES Teachers $21,225.00 Cafeteria 1,750.00 Total Seaford $21,812.00 Total Salaries $22,975.00 CAPITAL OUTLAY 600.00 ALL OTHER COSTS 3,900.00 Total Smyrna $27,475.00 BOARD OF PUBLIC EDUCATION WILMINGTON SALARIES Administrative Assistants $3,369.00 38 Chapter 21 Janitorial 1,195.00 Total Salaries $4,564.00 Total Board of Public Education Wilmington $4,564.00 STATE BOARD OF EDUCATION Substitutes $ 100,000.00 Transportation 62,000.00 Total State Board of Education $ 162,000.00 TOTAL $1,295,811.00 Section 2. This Act is a supplementary appropriation act and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved April 13, 1961. 39 CHAPTER 22 AN ACT TO MAKE FURTHER PROVISION FOR THE ISSU-ANCE OR BONDS WHICH THE GOVERNOR, THE STATE TREASURER AND THE SECRETARY OF STATE ARE AUTHORIZED TO ISSUE ON BEHALF OF THE STATE OF DELAWARE PURSUANT TO ACTS HERETOFORE ENACTED. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House concurring therein): Section 1. Notwithstanding anything to the contrary con-tained in any act heretofore enacted authorizing the Governor, the State Treasurer and the Secretary of State to act as Issu-ing Officers in issuing bonds of the State of Delaware, or in any other law, the Secretary of State may, in executing said bonds on behalf of the State of Delaware, cause a facsimile of the Great Seal of the State of Delaware to be engraved or print-ed thereon and, in any such case, it shall not be necessary to affix to or impress on said bonds the Great Seal of the State of Delaware. Approved April 17, 1961. 40 CHAPTER 23 AN ACT RELATING TO ARBOR DAY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 501, Title 1, Delaware Code, is amended by striking the words : "the last Friday in April, known as Arbor Day." Section 2. Title 1, Delaware Code, is amended by adding thereto a new chapter as follows : CHAPTER 6. SPECIAL DAYS § 601. The following days shall be commemorated in this State by appropriate ceremonies: the last Friday in April, known as Arbor Day. Approved April 17, 1961. CHAPTER 24 AN ACT TO VALIDATE THE ESTABLISHMENT AND OR-GANIZATION OF THE DOVER HOUSING AUTHORITY. Be it enacted by the General Assembly of the State of Delaware: Section 1. The establishment and organization of the Dover Housing Authority in the State of Delaware under the provisions of Title 31, Chapter 43, Sections 4301 to 4322, in-clusive, Delaware Code Annotated 1953, as amended, together with all proceedings, acts and things heretofore undertaken, performed or done with reference thereto prior to March First, Nineteen Hundred and Sixty-One, are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwith-standing any defect or irregularity therein or any want of statutory authority. Section 2. This Act shall take effect immediately. Approved April 17, 1961. 41 42 CHAPTER 25 AN ACT AUTHORIZING AND DIRECTING THE DELAWARE NATIONAL GUARD TO PAY A CLAIM OF RODNEY WILSON, SR. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Delaware National Guard is authorized and directed to pay the sum of Two Thousand One Hundred Ninety-five Dollars and Twenty-five cents ($2,195.25) to Rod-ney Wilson, Sr., said sum being the amount of damages result-ing when a military vehicle operated by a member of the Na-tional Guard on July 22, 1960 during the prescribed course of his duties collided with a motor vehicle owned by the said Rodney Wilson, Sr. Approved April 17, 1961. 43 CHAPTER 26 AN ACT TO AMEND SECTION 34 OF CHAPTER 207, VOL-UME 17, LAWS OF DELAWARE BY AUTHORIZING "THE MAYOR AND COUNCIL OF WILMINGTON", A MUNICIPAL CORPORATION, TO PROVIDE, BY ORDI-NANCE, FOR A PROCEDURE FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT IN THE NAME OF "THE MAYOR AND COUNCIL OF WILMINGTON", INCLUD-ING THE AUTHORIZATION TO SAID "THE MAYOR AND COUNCIL OF WILMINGTON" TO AUTHORIZE THE USE OF FACSIMILE SIGNATURES ON CHECKS DRAWN AGAINST THE ACCOUNTS OF "THE MAYOR AND COUNC/L OF WILMINGTON". Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House of the General Assembly Concurring herein.): Section 1. That Section 34 of Chapter 207, of Volume 17, Laws of Delaware, be and the same is hereby amended by strik-ing out said Section 34 and adopting the following in lieu there-of: All moneys belonging to the city which shall come into the hands of the city treasurer shall be by him deposited every day in some incorporated banking institution or in-stitutions to be designated by the council, in the name of "The Mayor and Council of Wilmington", generally, except in the case of money proceeds arising out of a bonded debt authorized by the general assembly for a specific purpose or use, in which case such money proceeds shall be deposited in the name of "The Mayor and Council of Wilmington" for the special purpose or use for which the debt was authorized and shall only be drawn out for such special purpose or use. Section 2. "The Mayor and Council of Wilmington" is hereby authorized to adopt an Ordinance or Ordinances estab-lishing and prescribing a procedure for the withdrawal of moneys deposited in the name of "The Mayor and Council of 44 Chapter 26 Wilmington", including the naming of the person or persons who shall be required to sign checks, drafts, warrants, vouchers or other instruments for the payment of money. Section 3. Any elected or appointed public official of "The Mayor and Council of Wilmington", who is permitted or re-quired in the performance of his duties to affix his signature on any check, draft, warrant, voucher, or other instrument for the payment of money, may adopt a facsimile thereof, in lieu of such manual signature, and affix such facsimile to any such instrument. Notice of the adoption of any such facsimile sig-nature shall be given in writing to the depository from which funds are to be withdrawn, which notice shall include a de-scription of such facsimile signature. Prior to use of such facsimile, the written approval of such depository must be obtained. Section 4. Any depository, bank, or other person which in good faith gives value for any check, draft, warrant, voucher, or other instrument for the payment of money bearing a duly adopted facsimile signature as authorized hereby shall be fully protected in such giving of value notwithstanding that the facsimile signature shall have been affixed without the author-ity or knowledge of the person whose signature it should pur-port to be. Section 5. No person shall fraudulently imitate or dupli-cate or attempt to fraudulently imitate or duplicate the facsi-mile signature of any public official of "The Mayor and Council of Wilmington", who is permitted or required in the perform-ance of his duties to affix his signature to checks, drafts, war-rants, vouchers, or other instruments for the payment of money, nor shall any person cause any such genuine facsimile signa-tures to be printed or impressed to checks, drafts, warrants, vouchers, or other instruments for the payment of money, without the authority of said person so authorized. Section 6. No provisions hereof shall release the liability of any public official, employee, or other person for loss of funds occasioned by any unauthorized use or misuse of a duly adopted facsimile signature. All officials may protect themselves from Chapter 26 45 loss, damage, or expense occasioned by the unauthorized use of such facsimile signature by purchasing, at public expense, a surety bond or insurance in such amount as is approved by the City Solicitor. Section 7. Any person violating any provisions of this law shall, upon conviction, be deemed guilty of a felony and shall be imprisoned for a term not to exceed five years and/or fined not less than $500.00 nor more than $2,500.00 or both, in the discretion of the Court. Approved April 20, 1961. 46 CHAPTER 27 AN ACT TO AMEND CHAPTER 21, TITLE 23, DELAWARE CODE, RELATING TO REGISTRATION, EQUIPMENT AND OPERATION OF MOTOR BOATS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 2116, Title 23, Delaware Code, is amend-ed by adding a new sentence thereto to read as follows: In addition to the number there shall be displayed after the number a decal furnished by the Delaware Commission of Shell Fisheries, Small Boat Safety Division showing the year of issuance of said license. Section 2. Section 2117 (a), Title 23, Delaware Code, is amended by striking out the word "$2" in the second sentence and by inserting in lieu thereof the word "$3". Section 3. Section 2117 (b), Title 23, Delaware Code, is amended by adding thereto two new sentences to read as fol-lows: "The number may be retained by the owner in the event of a transfer by paying a fee of $2.00 for transfer. In the event a duplicate registration card is required there shall be a fee of $1.00". Section 4. Section 2117 (j), Title 23, Delaware Code, is repealed and a new Section 2117 (j) enacted in lieu thereof as follows: "(j) Livery owners shall pay the same charges as the owner of a boat not for hire. Dealers shall be issued one regis-tration number for a fee of $5.00 and for each additional num-ber, the dealer shall pay a fee of $3.00 to be used for demon-stration purposes only". Section 5. Section 2117 (k), Title 23, Delaware Code, is repealed. Chapter 27 47 Section 6. Section 2122, Title 23, Delaware Code, is amend-ed by adding a new subsection to be known as (c) to read as follows : "(c) It shall be unlawful for any person to operate a motor boat (1) in a reckless manner disregarding the safety of others, or (2) to overload a vessel, or (3) to operate while under the influence of intoxicating liquor or of any drug". Section 7. Section 2124, Title 23, Delaware Code, is amend-ed by adding a new subsection to be known as (e) to read as follows : "(e) Water skiing shall be prohibited in the following areas : Rehoboth Canal Channel through Massey's Landing Fenwick Ditch Any other public swimming areas unless authorized by a special permit issued by the Small Boat Safety Division of the Delaware Commission of Shell Fisheries". Section 8. Section 2130, Title 23, Delaware Code, is re-pealed and a new Section 2130 enacted in lieu thereof to read as follows : § 2130. Penalties Any person who violates any provision of this title shall be guilty of a misdemeanor and shall be subject to a fine of not less than $25. nor more than $100. or ten days in jail for each such violation. Approved April 20, 1961. 48 CHAPTER 28 AN ACT TO DIRECT THE LEVY COURT OF SUSSEX COUNTY TO APPROPRIATE $500 ANNUALLY TO SEL-BYVILLE AMERICAN LEGION POST NO. 39 INC. FOR THE MAINTENANCE OF AN AMBULANCE. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all Members elected thereto con-curring therein): Section 1. Title 9, Section 6132 (a), Delaware Code, is amended by adding the following thereto: "Selbyville American Legion Post No. 9, Inc." Approved April 24, 1961. CHAPTER 29 AN ACT TO AMEND TITLE 29, SECTION 4301, DELAWARE CODE, RELATING TO NOTARIES PUBLIC BY INCREAS-ING THE NUMBER OF NOTARIES THAT MAY BE GRANTED. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 29, § 4301 (a), Delaware Code by substituting the figure "800" for the figure "750" therein; sub-stituting the figure "200" for the figure "175" therein and sub-stituting the figure "225" for the figure "200" therein. Approved April 24, 1961. 49 50 CHAPTER 30 AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR END-ING JUNE 30, 1961", BEING CHAPTER 299, VOLUME 52, LAWS OF DELAWARE, IN RESPECT TO APPRO-PRIATIONS TO THE STATE COMMUNICATIONS DIVIS-ION OF THE STATE HIGHWAY DEPARTMENT, BY MAKING CERTAIN TRANSFERS THEREIN. Be it enacted by the General Assembly of the State of Delaware: Section 1. The appropriations to the State Highway De-partment appearing under "State Communications Division" in Section 1, Chapter 299, Volume 52, Laws of Delaware, is amend-ed by transferring the sum of $3,000 from the item "Salaries and Wages of Employees" to the item "Repairs and Replace-ments". Section 2. The appropriations to the State Highway De-partment appearing under "State Communications Division" in Section 1, Chapter 299, Volume 52, Laws of Delaware, is amend-ed by transferring the sum of $6,000 from the item "Opera-tions" to the item "Repairs and Replacement". Section 3. The appropriations to the State Highway De-partment appearing under "State Communications Division" in Section 1, Chapter 299, Volume 52, Laws of Delaware, is amend-ed by transferring the sum of $5,400 from the item "Salary of Administrator" to the item "Repairs and Replacements". Approved April 24, 1961. CHAPTER 31 AN ACT TO AMEND THE CHARTER OF SMYRNA, CHAP-TER 192, VOLUME 36, LAWS OF DELAWARE, BY AU-THORIZING THE TOWN COUNCIL TO FILL THE OFFICES OF TOWN TREASURER, BOARD OF ASSESS-MENT, ALDERMAN AND TOWN COLLECTOR IN THE EVENT OF ANY VACANCY FOR ANY REASON. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected thereto concurring therein): Section 1. Section 10, Chapter 192, Volume 36, Laws of Delaware is hereby amended to read as follows: Section 10. Disqualification of Elective Officers. If the Town Treasurer ,or any member of the Board of Assessment or the Alderman and Town Collector shall, during his respective term of office, lose his residence in said Town, his citizenship in the State of Delaware, or be found guilty of any crime or mis-demeanor, he shall forthwith be disqualified to act as such Trea-surer, member of said Board of Assessment or Alderman and Town Collector, and his office shall be deemed vacant and shall be filled by appointment of Council for the residue of his term, provided that the person appointed by Council to fill such va-cancy or vacancies shall have the same qualifications as are re-quired of a candidate for the office to be so filled and provided, further, that Council shall have the same powers and limitations of appointment in case of any vacancy in the aforesaid offices for any reason. Approved April 24, 1961. 53. 52 CHAPTER 32 AN ACT TO AMEND TITLE 19, DELAWARE CODE, RE-LATING TO UNEMPLOYMENT COMPENSATION, BY CHANGING CERTAIN OF THE PROVISIONS RELATING TO VARIABLE CONTRIBUTION RATES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 19, Section 3315 (1), Delaware Code, is amended to read as follows: For the period of unemployment next ensuing after he has left his work voluntarily without good cause attributable to such work. However, if an individual has left his work in-voluntarily because of illness, no disqualification shall prevail after he becomes able to work and available for work and meets all other requirements under this title, but the Commission shall require a doctor's certificate to establish such availability. Wage credits earned in such work, if employment under this title, shall not constitute benefit wages in connection with Sec-tions 3349-3356 of this chapter. Section 2. Title 19, Section 3315 (2), Delaware Code, is amended to read as follows : For the period of unemployment next ensuing after an individual has been discharged from his work for just cause in connection with his work. Wage credits earned in such work, if employment under this title, shall not constitute benefit wages in connection with Sections 3349-3356 of this chapter. Section 3. Title 19, Section 3349, Delaware Code, is amend-ed by striking out all of paragraph (c) thereof. Section 4. Title 19, Section 3350 (4), Delaware Code, is amended to read as follows: (4) For any calendar year, the "state experience factor" shall be the term used for the total benefits paid from the fund Chapter 32 53 during the most recent three completed experience years, divid-ed by the total of the benefit wages of all employers during the same three years. In such computation, any fraction shall be adjusted to the nearest multiple of 1%. Section 5. Title 19, Section 3350 (5), Delaware Code, is amended by inserting the word "basic" before the words "con-tribution rate" wherever the same appear therein. Section 6. Title 19, Section 3350 (6), Delaware Code, is amended to read as follows: (6) No employer's basic contribution rate for the period of 12 months commencing January first of any calendar year shall be less than 2 7/10% unless all contributions due on wages paid for employment for such employer during pay periods ending on or prior to June 30 of the preceding year have been paid on or prior to September 30 of such preceding year. If such contributions due are paid after September 30 of the pre-ceding year but prior to or on the last day of any calendar quarter of any calendar year, such employer's basic contribu-tion rate for contributions on wages paid for employment for such employers during pay periods in the said calendar quarter, and for wages paid for employment for such employer during pay periods in all succeeding calendar quarters in such calendar year, shall be the basic contribution rate determined for such employer under the provisions of paragraph (5) of this section. Section 7. Title 19, Section 3350, Delaware Code, is amend-ed by adding thereto a new paragraph (9) reading as follows : (9) Supplemental Contribution Rate (A) For the purpose of this section: (i) The "solvency factor" shall be an amount equal to one-and-a-half times the ratio of benefit payments to total pay-rolls in covered employment in the four consecutive calendar quarter period, within the sixty consecutive calendar quarters ending on June 30 immediately preceding the computation date, in which the ratio of benefit payments to total payrolls in covered employment was highest. 54 Chapter 32 (ii) The "safety balance" shall be an amount equal to the product of the solvency factor times total payrolls in covered employment in the four calendar quarter period ending on June 30 immediately preceding the computation date. (B) For any year with respect to which the balance in the fund on the computation date therefor is less than the safety balance, each employer's standard or basic contribution rate, whichever shall be applicable to such employer, shall be in-creased by a "supplemental contribution rate." The supplemental contribution rate shall be the percentage obstained by dividing the "solvency assessment" as defined be-low, by the sum of the taxable wages of all employers in the four calendar quarter period ending on June 30 immediately pre-ceding the computation date. In such comptation, any fraction shall be adjusted to the next higher multiple of one-tenth of one percent. In no case, however, shall the supplemental con-tribution rate exceed one and one-half percent. The solvency assessment shall be determined as follows: For the three calendar quarters ending December 31, 1961, the solvency assessment shall be one-half the amount by which the balance in the fund on the computation date is less than the safety balance on June 30 immediately preceding such computation date. For the calendar year 1962, the solvency assessment shall be one-half the amount by which the sum of the balances in the fund on the computation date and the preceding computa-tion date is less than the sum of the safety balances on June 30 immediately preceding each such computation date. For the calendar year 1963, and for each calendar year thereafter, the solvency assessment shall be one-third of the amount by which the sum of the balances in the fund on the computation date and the two consecutive computation dates immediately preceding are less than the sum of the safety bal-ances on June 30 immediately preceding each such computation date. Approved April 25, 1961. CHAPTER 33 AN ACT TO FURTHER AMEND CHAPTER 121, VOLUME 28, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 142, VOLUME 36 AND CHAPTER 4, VOLUME 51, LAWS OF DELAWARE, AND RELATING TO THE TAKING AND HEARING OF APPEALS FROM THE BOARD OF ASSESSMENT FOR THE CITY OF WILMINGTON. Be it enacted by the General Assembly of the State Delaware (two-thirds of all Members elected to each House concurring therein): Section 1. That Chapter 121, Volume 28, Laws of Dela-ware, as amended by Chapter 142, Volume 36, and Chapter 4, Volume 51, Laws of Delaware, be further amended by the addi-tion of a new section, to be known as Section 15A and reading as follows : § 15A. Appeals to the Superior Court In sitting and hearing appeals filed as provided in Section 15, the Board of Assessment for the City of Wilmington shall permit the introduction of all relevant evidence, including the testimony of witnesses, presented by the appellant or on behalf the Board of Assessment. The Board shall make and keep a record of all evidence presented at such appeal proceedings. The Board shall notify the appellant in writing, by registered mail, of the Board's decision within five days of the date of its decision. Any person who feels aggrieved by the decision of the Board may, within 30 days after receiving notice of the Board's decision, appeal therefrom to the Superior Court of the State of Delaware. The decision of the Board shall be prima facie correct and the burden of proof shall be on the appellant to show that the Board acted contrary to law, fraudu-lently, arbitrarily or capriciously. The appeal shall be heard on the record and proceedings of the Board which shall be certified to the Court by the Board within 15 days after service on the Board of the notice of appeal. The Court may affirm, reverse or modify the decision of the Board. Either party to the appeal may appeal such decision of the Superior Court to 55 56 Chapter 33 the Supreme Court of the State of Delaware, provided that such appeal is taken in accordance with the Rules of Procedure of the Superior Court of the State of Delaware and the Rules of the Supreme Court of the State of Delaware. Section 2. In any appeal which was filed with the Board of Assessment before March 31, 1961, any person who feels ag-grieved by the decision of the Board may appeal to the Superior Court as herein provided, provided such appeal is taken within 30 days after receipt of notice of the Board's decision or within 30 days of the effective date of this Act, whichever date is later. Approved April 28, 1961 CHAPTER 34 AN ACT TO AMEND CHAPTER 45, TITLE 7 OF THE DELA-WARE CODE RELATING TO PUBLIC LANDS LYING BENEATH THE WATERS OF A NAVIGABLE BODY OF WATER. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 45, Title 7 of the Delaware Code is amended by adding thereto the following new section : § 4520. Sale, lease, or easement of or in subaqueous public lands; special commission, qualifications of members, term and expenses Whenever in the opinion of the Governor, it shall be in the public interest to do so, the Governor may, for and on behalf and in the name of the State, sell a fee simple or any lesser interest in, lease, or grant an easement in or over, any part or parts of the public lands of the State lying beneath the waters of the Delaware Bay, Delaware River or any other body of navigable water in the State (including the beach or shore to the mean high water level, except Rehoboth Bay, Indian River, Assawoman Bay and Assawoman Canal) for such price, or rent, and on such other terms and conditions as shall have been fixed and recommended in writing to the Governor by at least a majority of a special commission of three members who shall be specially appointed by the Governor for each transaction for the specific purpose of fixing the purchase price, rent and other terms and conditions which are to govern such trans-action. The members of such special commission shall have no interest in or connection with the prospective purchaser, lessee or grantee. At least two members of such commission shall be residents of the county in which the property involved is located. No more than two members of each such commis-sion shall be of the same political party. A special commission so constituted shall be appointed by the Governor on each oc- 57 58 Chapter 34 casion when an application is made to the Governor by a pros-pective purchaser, lessee or grantee. The terms of the members of each such commission and the life of each such commission shall terminate and expire thirty days after the commission has rendered its written recommendation and report to the Governor, unless the Governor shall extend such terms and the life of the commission until the consummation of the specific transaction with respect to which the Commission was ap-pointed. If a vacancy shall occur in the membership of a com-mission for any reason, the Governor shall appoint a new mem-ber to fill the vacancy. The members of a commission shall serve without compensation, but shall be reimbursed for their expenses incurred in the performance of their duties. Each commission is authorized to employ, engage or obtain such appraisers, surveyors and other appropriate professional or technical assistance as it deems necessary, or advisable under the particular facts and circumstances involved in the per-formance of its duties. The expenses of each such commission incurred in the performance of its duties, including the expenses of the commissioners, shall be paid by the person who has made application to purchase, lease or obtain an interest in the prop-erty and, on request of the Governor or the commission, the estimated expenses shall be advanced from time to time by such applicant. Before acting under this section, in any instance, the Governor may, at his option, request any State agency or agen-cies for a report or recommendation with respect to the perti-nent facts and conditions involved in any proposed grant or lease for which an application has been made to him. The Governor shall furnish a copy of any such report or recommendation to the special commission appointed by him pursuant to para-- graphs (a) and (b) of this section. Within 20 days after the appointment of a special commission, it shalt fix a time (which shall not be more than 50 days after its appointment) and a place (which shall be in the county seat of the county in which the property is located) for a public hearing on the application to purchase, lease or obtain an interest in the property. The commission shall give notice of such hearing, at least. 10 days before the hearing, Chapter 34 59 by publishing a notice once in a newspaper published in the county in which the property is located and by mailing a notice by registered mail to the applicant. A general description of the location of the property, which may but need not be by metes and bounds, shall be included in the notice. If any part of the subaqueous land which may be the subject of any transaction authorized by this section is covered by a lease granted by the Delaware Commission of Shell Fish-eries pursuant to chapter 19 of Title 7 of this Code, then any conveyance, lease or grant of such subaqueous land made pur-suant to paragraph (a) of this section shall be subject to the unexpired term of such then outstanding lease theretofore granted by the Delaware Commission of Shell Fisheries. Nothing contained in this section shall authorize the Governor to grant any title, lease, easement or other interest for oyster purposes and this section does not repeal or affect any of the powers or jurisdiction of the Delaware Commission of Shell Fisheries except so far as is necessary to give effect to the full enjoyment and use by the grantee or lessee of the title, lease, easement or other interest granted under and pursuant to this section. This section shall expire on June 30, 1964; provided, however, that any transaction or proceeding under this section that is commenced before such expiration date may be con-summated and concluded after that date. Approved May 1, 1961. 60 CHAPTER 35 AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED BY THE BOARD OF TRUSTEES OF THE STATE WELFARE HOME AND HOSPITAL FOR THE CHRONICALLY ILL AT SMYRNA TO BE USED TO MAKE CAPITAL IMPROVEMENTS AND TO PURCHASE EQUIPMENT FOR THE STATE WEL-FARE HOME AND TO ISSUE NOTES AND BONDS THEREFOR AND APPROPRIATING THE MONEY BOR-ROWED TO THE SAID BOARD. Be it enacted by the General Assembly of the State Delaware (three-fourths of all the Members elected to each House concurring therein): Section 1. The Governor, Secretary of State and State Treasurer of the State of Delaware (herein sometimes referred to as the Issuing Officers) shall borrow upon the faith and credit of the State of Delaware a sum of money not in excess of $1,350,000.00 which shall be used by the Board of Trustees of the State Welfare Home and Hospital for the Chronically at Smyrna for the erection of additional facilities at the State Welfare Home. The additional facilities shall include sleeping quarters, bathrooms, dining rooms, and living rooms and such other facilities as are needed. A portion of the funds appro-priated may be used for the payment of architects and engi-neering fees and for the purchase of equipment to be used at the State Welfare Home. For the purpose of borrowing said sum, the Issuing Officers are hereby authorized to issue bonds of the State of Delaware in an aggregate principal amount not exceeding $1,350,000.00. The bonds may be issued all at one time, or from time to time, in such series and amounts as the Issuing Officers shall determine to be required, subject to the provisions contained in this Act. Said sum of money may be borrowed and said bonds may be issued in addition to any sums authorized to be borrowed or bonds authorized to be issued for the purposes hereinbefore described by any other law now in effect. Section 2. In anticipation of the issuance of bonds, the Issuing Officers may issue and sell notes of the State of Dela- Chapter 35 61 ware at either public or private sale for not less than par and accrued interest. They may be renewed from time to time by the issuance and sale of new notes, but all such notes shall mature and be paid not later than June 30, 1962. The total amount of notes outstanding at any one time, shall not exceed $25,000.00 or, if any bonds shall have been issued pursuant to this act, the amount by which $25,000 shall exceed the amount of such bonds. If the aggregate amount of bonds or notes issued pursuant to this act shall exceed $25,000, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. The notes may be redeemed at part and accrued interest prior to their maturity, if the right of the State to do so shall have been reserved by an express provision in the notes. The principal of the notes shaall be paid out of the proceeds of the sale of the bonds or notes. Section 3. The bonds and notes issued in accordance with the provisions of this Act shall be direct general obligations of the State, and the public faith and credit of the State of Dela-ware are hereby expressly pledged for the full and complete payment of the debt, principal and interest by this Act author-ized, of the bonds and notes hereby authorized to be issued and the coupons thereto attached, and the bonds and notes shall be exempt from taxation by the State or any political subdi-visions thereof for any purpose. Section 4. The bonds and notes shall recite that they are issued for the purposes set forth in Section 1 of this Act, that they are issued in pursuance of this Act and the Constitution of this State, and upon the sale and delivery of any such bond or note, such recitals shall be conclusive upon the State of Dela-ware and all and every other person whatsoever of the right, power and authority for the issuance of the bonds or notes and legality and validity of the bonds or notes and of the principal debt and interest represented thereby, and the legality and validity of the bonds or notes thereafter shall never be ques-tioned in any court of law or equity by the State of Delaware or any person or persons for its use or in its behalf, and this 62 Chapter 35 provision shall be and become part of the contract and obliga-tion represented by any of the bonds or notes. Section 5. The bonds issued under the authority of this Act shall be in denominations of $1,000 or a multiple thereof, as shall be decided by the Issuing Officers, or the majority of them, with coupons thereto attached for each half year's inter-est thereon. The bonds shall be numbered consecutively, and shall bear such dates as the Issuing Officers shall fix and shall bear interest at such rate as shall be determined by the bid accepted by the Issuing Officer, which interest shall be payable semi-annually in each year that such bonds remain unpaid, at the Farmers Bank of the State of Delaware, at Dover, upon presentation of a coupon representing such semi-annual inter-est. The bonds shall be in such form and may contain such other and further recitals and be subject to such terms and conditions, with such privileges as to registration, conversion, reconversion, redemption and exchange, and may contain such other provisions as may be determined by said Issuing Officers. The bonds shall mature as the Issuing Officers may deter-mine; provided, however, that the principal amount of the bonds, or any series thereof, shall be made to mature fully within twenty (20) years from the date of issue thereof. The bonds shall be executed on behalf of the State of Delaware by the Governor, the Secretary of State and the State Treasurer and shall have the impression of the Great Seal of the State thereon or shall have a facsimile of the Great Seal thereon. The facsimile signatures of the Governor and the Secretary of State may be engraved or printed on the bonds, but the signature of the State Treasurer shall be in his own proper handwriting. Attached interest coupons shall bear the signature of the State Treasurer which may be engraved, printed or written on such coupons. The coupons attached to each bond shall bear the same number as the bond to which they are attached. The bonds, with the coupons attached, may be issued not-withstanding that any of the officers executing them in the Chapter 35 63 manner herein provided shall have ceased to hold office at the time of such issue or at the time of the delivery of the bonds. Section 6. For the purpose of designation and identifica-tion any bond issued under the authority of this Act shall be known and styled "State Welfare Home Bond of 1961". Section 7. The bonds, as well as the interest coupons there-to attached, shall be issued in such form or forms as the Issuing Officers may adopt. It shall be the duty of the State Treasurer to provide a record of the proper size and form to be retained in his office, in which he shall keep a record of all bonds which shall be paid and redeemed according to the number thereof, and in addi-tion thereto he shall cause any such bond to be cancelled by making lines with red ink through the signatures of the Gov-ernor, Secretary of State and State Treasurer, and also by writing across the face thereof in red ink the following: This bond paid and redeemed this day of A. D 19 State Treasurer As the said coupons are paid, it shall be the duty of the State Treasurer to mark the same in red ink across the face "Paid". All bonds paid and redeemed, as well as all coupons paid and cancelled as aforesaid, shall be safely kept by the State Treasurer so long as any bond authorized by this Act is unpaid and not redeemed. Section 8. Whenever the bonds authorized by this Act may be issued in conformity with the provisions of this Act, the Issuing Officers are hereby directed to advertise that they will receive bids at such place or places that may be named in said advertisement for such bonds under such regulations as may be made in the discretion of the Issuing Officers. Sufficient notice of sale of the bonds shall be deemed to have been given if said notice shall have been published at least once, ten or more days before the date of sale in at least one newspaper 64 Chapter 35 published in the State of Delaware and in a financial journal published in the City of New York, and no other publications of such notice of sale shall be necessary; and the bonds may be sold upon such terms and conditions as may be set forth in such notice of sale, provided that the purchase price shall be not less than par and accrued interest. If any of the bonds so offered for sale are not bid for, of if any insufficient price be bid for them, they may be subsequently disposed of under the direction of the Issuing Officers at private sale upon the best terms they can obtain for the same, provided that they shall not be sold at private sale for less than par and accrued interest. Section 9. All moneys received from the sale of the bonds or notes shall be deposited by the State Treasurer in the Farmers Bank of the State of Delaware at Dover, and shall be used exclusively in accordance with the provisions of this Act and for the purpose of paying the principal of notes issued under this Act. In addition to any moneys appropriated by any other Act there is hereby appropriated to the Board of Trustees of the State Welfare Home and Hospital for the Chronically Ill at Smyrna the sum of $1,350,000.00 or so much thereof as shall be received from the sale of the bonds and notes authorized hereby, which shall be used for the purpose set forth herein. Any of said funds remaining unexpended at the end of any fiscal year shall not revert to the General Fund, but shall re-main in said account to be used for the purposes set forth in this Act. Section 10. There is hereby appropriated from the Gen-eral Fund such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein author-ized, and such further sums as may be necessary to pay any interest which becomes due on such bonds and notes during the fiscal year ending June 30, 1962, and such further sums as may be necessary for the repayment of the principal of any of the said bonds which become due during the fiscal year ending June 30, 1962. Vouchers for the payment of the ex-penses incident to the issuance of bonds and notes and for interest and repayment of said notes shall be signed by the Chapter 35 65 Secretary of State by and with the approval of the Issuing Officers. Any money received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund. Section 11. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year beginning July 1, 1961 and for each subsequent fiscal year or biennium, shall contain under the Debt Service Item provisions for the payment of interest and principal maturities of the bonds issued under the authority of this Act, and such of the revenue of the State of Delaware as are not prohibited by Constitutional provisions or committed by preceding stat-utes for other purposes are hereby pledged for the redemp-tion and cancellation of said bonds and payment of interest thereon. Approved May 2, 1961. CHAPTER 36 AN ACT TO AMEND SECTION 2503, TITLE 10, DELAWARE CODE TO PERMIT THE REGISTER IN CHANCERY FOR NEW CASTLE COUNTY TO EMPLOY ADDITIONAL CLERKS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subsection 2503 (b) (1) Title 10, Delaware Code, amended by striking out the word "six" appearing there-in and inserting in lieu thereof the word "eight". Approved May 2, 1961. CHAPTER 37 AN ACT TO AMEND CHAPTER 207, VOLUME 17, LAWS OF DELAWARE, ENTITLED "AN ACT TO REVISE AND CONSOLIDATE THE STATUTES RELATING TO THE CITY OF WILMINGTON" AS AMENDED, BY FURTHER AMENDING SECTION 31 THEREOF SO THAT THE COUNCIL SHALL HAVE POWER TO PROVIDE, BY ORDINANCE OR RESOLUTION, FOR THE SALE AND DISPOSITION OF ABANDONED AND SURPLUS LANDS AND PROPERTIES AND THE PROCEEDS THEREFROM. Be it enacted by the General Assembly of the State Delaware (two-thirds of all Members elected to each House of the General Assembly concurring herein): Section 1. That Section 31 of Chapter 207, Volume 17, Laws of Delaware, as amended, be and the same is hereby further amended by adding a new paragraph to Section 31, as amended, to read as follows : . "The Council shall have power and authority to adopt a procedure, either by Ordinance or Resolution, for the sale and disposal of surplus and abandoned land and property and the method of utilization and disposition of the moneys received from such sales ; provided, that all such ordinances or reso-lutions shall, in order to become operative and effective, re-ceive the affirmative vote of two-thirds of all members elected to The Council and be approved by the Mayor and further pro-vided that in the event of a sale and disposal of such surplus and abandoned land and property, the City of Wilmington shall refund to the State of Delaware such sum of money re-ceived from the sale and disposal of such property as is pro-portionate to the sum of money contributed by the State of Delaware for the construction and/or improvement of such surplus and abandoned land and property." Approved May 3, 1961. _67 68 CHAPTER 38 AN ACT TO INCREASE THE COMPENSATION OF THE COMPTROLLER FOR NEW CASTLE COUNTY AND THE CLERK OF THE PEACE FOR NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 9306, Title 9, Delaware Code is amended by striking out the figures "$5400" as they appear in the first line of said section and inserting in lieu thereof the figures "$7000". Section 2. § 9402, Title 9, Delaware Code is amended by striking out the figures 15400" as they appear after the words New Castle County therein and inserting in lieu thereof the figures of 17000." Approved May 4, 1961. CHAPTER 39 AN ACT PERTAINING TO THE STATE HIGHWAY DEPART-MENT AND PROVIDING FOR ITS REORGANIZATION, COMPOSITION, MEMBERSHIP, COMMITTEES, QUOR-UMS, OATHS OF MEMBERS, AND COMPENSATION TO MEMBERS; FOR LIABILITY INSURANCE FOR DE-PARTMENT EMPLOYEES; FOR APPOINTMENT AND POWERS OF NOTARIES PUBLIC; FOR THE TRANSFER OF FUNDS FOR EMERGENCY MAINTENANCE; FOR RATIFICATION OF THE ACTS OF THE STATE HIGH-WAY DEPARTMENT CREATED BY TITLE 17, DELA-WARE CODE, SECTION 111; FOR AMENDMENT IN THE MANNER OF SELECTING A CHAIRMAN OF THE DEPARTMENT; FOR CERTAIN CHANGES IN THE DE-PARTMENT'S POWERS AND DUTIES; FOR ABOLITION OF THE OFFICES OF CHIEF ENGINEER AND SECRE-TARY; FOR CREATION OF THE OFFICES OF DIREC-TOR OF OPERATIONS AND CONTROLLER; FOR AMENDMENTS WITH RESPECT TO DETERMINATION AS TO HIGHWAY IMPROVEMENTS, IMPROVEMENT OF ROADS LEADING TO INSTITUTIONS; COMPETIT-IVE BIDDING, PREPARATION OF PLANS AND SPECI-FICATIONS, ADVERTISEMENT FOR BIDS, OPENING OF BIDS, AND AWARDING OF CONTRACTS; AND FOR ESTABLISHMENT OF A MERIT SYSTEM OF EMPLOY-MENT AS TO CERTAIN EMPLOYEES OF THE DE-PARTMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subchapter II of Title 17 of the Delaware Code, as amended, including all of the paragraphs and sections thereof, is hereby repealed. The State Highway Department and the offices of members of the State Highway Department created by Section 111 of Title 17 of the Delaware Code are hereby abolished, except that all of the present members of the Department shall continue in such offices until all of the mem-bers of the new department, created in Section 3 hereof, shall have been appointed and qualified. 69 70 Chapter 39 Section 2. All acts and actions of the State Highway Department created by § 111 of Title 17 of the Delaware Code and all acts and actions of the members of such Highway De-partment, as recorded or reflected in the minutes or other records of the Department, are hereby ratified, confirmed, ap-proved and declared to be valid and effective acts and actions of the Department and the members thereof, except any such acts or actions as may have been invalid prior to the effective date of this Section. Section 3. Subchapter II of Title 17 of the Delaware Code, having been repealed by Section 1 hereof, the following new sections are substituted therefor as a new subchapter II of Title 17: SUBCHAPTER II. ORGANIZATION AND ADMINISTRATION § 111. Composition; appointment; term; qualifications; va-cancy The Department shall consist of eleven members. The members of the Department shall be appointed by the Governor, by and with the consent of a majority of the members elected to the Senate. When this subchapter becomes law, the Governor shall appoint three of the members for terms of one year each, three of the members for terms of two years each, and four of the members for terms of three years each. Upon the expiration of each stated term, the Governor shall thereafter appoint successors to the offices for terms of three years each, commencing, in each case, from the date of the expiration of the term of his predecessor. The eleventh mem-ber of the Department shall serve at the pleasure of the Gov-ernor and shall be the Chairman of the Department. He may be removed at any time by the Governur and shall serve until he is removed by the Governor. During their respective terms of office not less than three members shall reside in each county, and there shall be at least one member from each of the two major political parties residing in each county. No more than six members shall belong to the same political party. Chapter 39 71 Each member of the Department shall be, when ap-pointed, a citizen of the United States, a qualified voter of the State, and a resident of the State for at least three years pre-ceding the date of his appointment. A member of the Depart-ment shall not be, while a member of the Department, a mem-ber of any state, county or district political committee. No appointment of a member to succeed a member whose term of office has expired shall be complete and effective unless or until the nominee has been confirmed by the Senate. In case of a vacancy in the Department for any reason the Governor shall, by and with the consent of a major-ity of the members elected to the Senate, fill such vacancy for the unexpired term by selecting a properly qualified person. Oath Before entering upon the duties of the office, each member of the Department shall take and subscribe the oath or affir-mation prescribed in the Constitution. Such oath or affirma-tion shall become one of the records of the Department. Quorum; Committees (a) A majority of the members of the Department shall constitute a quorum except as otherwise provided in this title. A majority of the members present at any meeting constituting a quorum shall be sufficient for any action by the Department. Compensation and expenses of members The members of the Department shall receive no compen-sation for their services, but shall receive their actual expenses incurred while engaged in the affairs of the Department. Director of Operations; appointment; qualifications; bond (a) The Department shall employ a Director of Opera-tions for such periods of time as the Department shall deter-mine, which may be for terms up to five years each. The Direc-tor may be discharged by the Department for cause at any time. 72 Chapter 39 The Director shall be at the time of his employment not less than thirty years of age ; he shall have had at least ten years experience as a managing executive or administrator in government or private industry, with major responsibili-ties for, and proven abilities in, the kinds of work for which the Director is responsible under the provisions hereof. The Director, before entering upon the duties of his office, shall give such bond as may be required by the Depart-ment for the faithful performance of his duties and shall take and subscribe an oath or affirmation like that required of a member of the Department. The total compensation to be paid to the Director, for services performed for the Department and for any other public agency or office, shall be determined by the Department. Where the total compensation so determined covers services to be performed for the department and for another public agency or office, the department and such other public agency or office shall each pay one-half of the total compensation. § 116. Director of Operations; powers and duties; Chief Engi-neer . The Director of Operations shall be responsible to the Department for the administration of all of its affairs except the operation of the State Police and Detectives, the Motor Vehicle Division and the accounting and fiscal affairs of the Department. The Director shall carry out and cause to be performed all general and specific duties within his jurisdic-tion after the policy with respect thereto has been formulated by the Department. The Director shall, immediately upon assuming the duties of his office and from time to time, recommend to the Department a program for the improvement of state highways and for the inclusion of additional roads or portions of roads in the state highway system; the probable cost of the con-struction or reconstruction of such roads or portions of roads, and the roads or portions of roads which should first be im-proved and the probable amount of construction which could be undertaken. Chapter 39 73 (c) The Director shall employ, promote and discharge all persons hired by the Department, including a Chief Engi-neer, for the performance of work for which the Director is responsible. All such employment, promotion and discharge shall comply with the laws applicable to the Department. Such Chief Engineer shall be not less than thirty years of age; he shall be a civil engineer registered or eligible for registration as such in Delaware and shall have been in active practice of his profession for at least ten years ; he shall have had responsible charge of road engineering work for at least five years; and he shall be qualified to design as well as direct road engineering work. Graduation from a school of engineer-ing of recognized reputation shall be considered as equivalent to two years of active practice. The total compensation to be paid to the chief engineer and the allocation thereof between the department and any other public agency or office for ser-vices performed for the department and any other public agency shall be determined by the department. § 117. Controller; appointment; powers and duties; qualifica-tions; bond The Department shall employ a Controller who shall be directly responsible to the Department for all of its account-ing and internal auditing and for the fiscal control of its com-mitments, receipts and disbursements. The Controller shall be appointed by the Depart-ment within the merit system of employment herein provided. Until such system is in effect in the Department, the Controller shall be employed by the Department for such periods of time as it shall determine. The Controller may be discharged by the Department for cause at any time. The Controller shall be at the time of his employ-ment not less than thirty years of age and shall be a graduate of a recognized school of business administration majoring in accounting or, in lieu thereof, shall possess the equivalent through other acceptable channels. He shall have had not less than ten years experience in general accounting, obtained in 74 Chapter 39 either the fields of public accounting, governmental account-ing, private business accounting or a combination thereof. He shall have experience and ability in preparation and interpre-tation of financial statements and reports, including budgetary and fund statements and reports. The Controller, before entering upon the duties of his office, shall give such bond as may be required by the De-partment for the faithful performance of his duties and shall take and subscribe an oath or affirmation like that required of a member of the Department. The total compensation to be paid to the Controller for services performed for the Department and for other public agency or office shall be fixed by the Department. Where the total compensation, so determined covers services to be per-formed for the department and for another public agency or office the department and such other public agency or office shall each pay one-half of total compensation. The Controller shall employ, promote and discharge all persons hired by the Department for the performance of work for which the Controller is responsible. All such employ-ment, promotion and discharge shall comply with the laws appli-cable to the Department. Liability insurance for Department employees The Department shall enter into a contract with a reliable insurance company or companies doing business in this State, to insure the employees of the Department against injury or death incurred while performing their duties as employees of the Department. The Department shall be the sole judge of the kind of insurance and the amount thereof which will best execute such purpose. Appointment and powers of notaries public In addition to the notaries public now provided by law in the several counties, the Governor shall appoint four employees of the Department, one residing in New Castle County, one residing in Kent County, and two residing in Sussex County, Chapter 39 75 notaries public, to hold office not exceeding two years. Such notaries public may not exercise their office, or take affidavits or acknowledgments except on documents and papers for the benefit of the Department, and for which they shall make no charge. Whenever any such person appointed notary public ceases to be an employee of the Department, his authority as such notary public shall cease, and thereupon the Governor may appoint another employee of the Department a notary public in his place. Section 4. § 131 of Title 17 of the Delaware Code is here-by amended by adding thereto a new paragraph reading as follows : The general jurisdiction conferred upon the Department by this section shall be exercised by it by the establishment and supervision of any and all policies which may be necessary or appropriate to implement such jurisdiction. Section 5. § 132 (c) (1) of Title 17 of the Delaware Code is hereby amended to read as follows : (1) Determine upon and lay out, within the recommen-dations of the Director of Operations, a system of State High-ways; Section 6. § 132 of Title 17 of the Delaware Code is here-by amended by adding thereto a new paragraph reading as fol-lows: (e) The general powers and duties conferred upon the Department by this section shall be exercised by it by the es-tablishment and supervision of any and all policies pursuant to which such powers and duties shall be carried out. Such policies shall be binding upon the Director of Operations, the Controller and all other persons employed by the Department. All such policies pertaining to powers and duties concerning accounting, a system of accounting, internal audit and fiscal control of the Department's receipts and disbursements shall be carried out by the Controller. All such policies pertaining to other powers and duties shall be carried out by the Director of Operations. 76 Chapter 39 Section 7. § 133 of Title 17 of the Delaware Code is hereby amended to read as follows : § 133. Determination as to highway improvements and addi-tions The Department shall consider the recommendations of the Director of Operations and from such recommendations determine what roads or portions of roads, if any, shall be improved and what roads or portions of roads shall be added to the State highway system. Section 8. § 136 of Title 17 of the Delaware Code is hereby amended to read as follows : § 136. Improvements of roads leading to institutions The Department may, upon the recommendation of the Director of Operations, widen, straighten, grade, reconstruct, otherwise improve and maintain any road, lane or entrance leading from any public road to any institution which is owned or controlled in whole or in part by the State. The Department shall have the same rights, powers and privileges for the pur-pose of performing and carrying out the duty hereby imposed as it has for the purpose of constructing State highways in general. Section 9. § 151 of Title 17 of the Delaware Code is here-by amended to read as follows : § 151. Competitive bidding; when required; power to act with-out bids (a) All highway maintenance or construction materials furnished to and all labor done for the Department in excess of the probable cost of $500 except labor in connection with the maintenance of State highways and employees directly under the Director of Operations or the Controller, and except labor and material used in the grading and repairing of roads in the State where such grading or repairing is done solely by the regularly employed workmen of the Department, shall be supplied or done under contract made after competitive bidding as provided in this subchapter. Chapter 39 77 (b) Whenever there is an unusual emergency which in the joint opinion of the Department (at least two-thirds of the members concurring), and the Director of Operations requires immediate attention to save any State highway or other prop-erty from damage, the Department may employ labor and pur-chase material to prevent such damage without competitive bids. Section 10. § 152 of Title 17 of the Delaware Code is hereby amended to read as follows : § 152. Preparation of plans and specifications; advertisement for bids When the Department proposes to construct or re-construct any State highway or purchase any material in excess of the amount specified in Section 151 of this tit/e, the Director of Operations shall prepare plans and specifications for such work, or section thereof, as may be deemed most advantageous to the State, or description of such material as the case may be. The Director of Operations shall then advertise for sealed proposals to build or construct the road or section thereof or for such material. The advertisement for such bids shall be published at least once a week for two consecutive weeks in a newspaper of general circulation throughout the State and at least once a week for two consecutive weeks in a newspaper published in each county of the State; such advertisement shall be sufficiently full to indicate with reasonable accuracy the character, quantity and location of the work to be done, or the character and quantity of material to be furnished, when work shall commence, and when it shall be completed, or the ma-terials to be furnished, and the manner and time of payment for the work to be done, or the material to be furnished, and the time and place of the opening of proposals and the con-ditions to be complied with in submitting proposals. Section 11. § 154 of Title 17 of the Delaware Code is hereby amended to read as follows : § 154. Opening of bids; award of contract; right to reject bids The proposals shall be publicly opened at the time and place specified in the advertisement, and the contract shall be 78 Chapter 39 awarded within 20 days by the Department to the lowest re-sponsible bidder, unless in the opinion of all the members of the Department and the Director of Operations, the interest of the State shall be better served by the awarding of the con-tract to some other bidder, which may then be done, provided the Department shall set down in its minutes the reason or reasons for granting the contract to the person other than the lowest responsible bidder. If two or more responsible bidders shall bid an equal amount, and such amount shall be the lowest bid, the Department may award the contract to any one of them. The Department may reject all bids. Section 12. § 403 (a) of Title 17 of the Delaware Code is hereby amended by deleting the last two sentences thereof and inserting in lieu thereof the following: The Controller of the Department shall be the Secretary of the Division, provided, however, that said Controller may appoint a deputy to act in his stead. The Director of Operations of the Department shall appoint the Chief Engineer of the Department to be the Chief Engineer of the Division and the Director shall appoint such other deputies as may be necessary for the operation of the Division. The total compensation of such persons shall be determined by the Department and shall be paid by the Department and the division in such propor-tions as the department shall determine. Section 13. § 132 (c) (6) of Title 17 of the Delaware Code is hereby amended to read as follows: The Department is authorized to employ and discharge professional or technical experts, surveyors, agents, assistants, clerks, employees and laborers, skilled and unskilled, and also such advisers and consultants as may be required to accom-plish the purposes of this chapter. All such persons employed to perform work for which the Director of Operations is re-sponsible shall be employed and discharged by the Director. All such persons employed to perform work for which the Controller is responsible shall be employed and discharged by the Controller. General and special counsel for the Depart-ment shall be employed by, and shall serve at the pleasure of the Department. Approved May 4, 1961. CHAPTER 40 AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR THE STATE HIGH-WAY DEPARTMENT'S CAPITAL IMPROVEMENTS PROGRAMS AND TO ISSUE NOTES AND BONDS THEREFOR AND APPROPRIATING THE MONEY BOR-ROWED TO THE STATE HIGHWAY DEPARTMENT. WHEREAS, the State Highway Department on December 14, 1960 adopted a resolution, drawn in form and content to meet certain objectives outlined by members of the General Assembly, defining the Capital Improvement Program for 1961, and WHEREAS, the said resolution of December 14, 1960 di-rected the Chairman and Chief Engineer of the State High-way Department to transmit copies of said resolution to the Governor and to the General Assembly and to request that the General Assembly appropriate to the Department the sum of $14,000,000 for the fiscal year beginning July 1, 1960 to enable the Department to proceed with the Capital Improvement Pro-gram as set forth in the aforementioned resolution, and WHEREAS, The State Highway Department on March 20, 1961 adopted a resolution, drawn in the form and context of the resolution of December 14, 1960, defining the Capital Improvement Program for the fiscal year 1962, and WHEREAS, the said resolution of March 20, 1961 direct-ed the Chairman and Chief Engineer of the State Highway Department to transmit copies of said resolution to the Gov-ernor and to the General Assembly and to request that funds be appropriated to the Department to provide for the ful-fillment of said Capital Improvement Program. NOW, THEREFORE, Be it enacted by the General Assembly of the State Delaware (three-fourths of all the Members elected to each House concurring therein): Section 1. The Governor, Secretary of State and State Treasurer of the State of Delaware (herein sometimes re- 79 80 Chapter 40 referred to as the Issuing Officers) shall borrow upon the faith and credit of the State of Delaware a sum of money not in excess of Twenty-Six Million Six Hundred Sixty Thousand Dollars ($26,660,000) which shall be used by the State High-way Department to defray the costs of its Capital Improve-ments Programs during the period extending from the date of enactment of this Act through June 30, 1963; said programs to be completed as defined, and under the conditions and provisions as set forth in the pertinent resolutions adopted by the Depart-ment on December 14, 1960 and on March 20, 1961. The Capital Improvements Programs shall be composed of the following: General Highway Program Dirt Road Improvement Fund Suburban Development Improvement Fund Beach Erosion Fund Drainage and Public Improvement Projects The cost of construction and reconstruction of the afore-mentioned projects and of carrying out the aforementioned programs shall not include ordinary or normal maintenance expenses of highways, bridges, buildings or other property under the jurisdiction of the Department but may include, among other costs, the costs of acquiring necessary lands and rights-of-way and the surveying, grading and landscaping there-of ; the costs of relocating utility facilities provided the State is otherwise obligated to pay such costs ; the costs of labor, material, equipment, supplies and engineering for such projects and programs ; and the costs of such dams, storm sewers, under-passes and facilities as may be incidental and necessary to the aforementioned projects and programs. The issuing officers are hereby authorized to issue bonds in conformity with the provisions of this Act to an amount not to exceed the said sum of Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00). The bonds may be issued all at one time, or from time to time, in such series and amounts as the Issuing Officers shall determine to be required, subject to the provisions contained in this Act. Said sum of money may be borrowed and said bonds may be issued in addition to any sums author-ized to be borrowed or bonds authorized to be issued for the purposes hereinbefore described by any other law now in effect. Chapter 40 81 Section 2. In anticipation of the issuance of bonds, the Issuing Officers may issue and sell notes of the State of Dela-ware at either public or private sale for not less than par and accrued interest. They may be renewed from time to time by the issuance and sale of new notes, but all such notes shall mature and be paid not later than June 30, 1963. The total amount of notes outstanding at any one time, together with the total amount of said bonds theretofore issued ; shall not exceed Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00), or if any bonds shall have been issued pur-suant to this act, the amount by which Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00) shall exceed the amount of such bonds. If the aggregate amount of bonds or notes issued pursuant to this act shall exceed Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000.00) the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. The notes may be redeemed at par and accrued interest prior to their maturity, if the right of the State to do so shall have been reserved by an express provision in the notes. The principal of the notes shall be paid out of the proceeds of the sale of the bonds or notes. Section 3. The bonds and notes issued in accordance with the provisions of this Act shall be direct general obligations of the State, and the public faith and credit of the State of Delaware are hereby expressly pledged for the full and com-plete payment of the debt, principal and interest by this Act authorized, of the bonds and notes hereby authorized to be issued and the coupons thereto attached, and the bonds and notes shall be exempt from taxation by the State or any political sub-divisions thereof for any purpose. Section 4. The said bonds and notes shall recite that they are issued for the purpose set forth in Section 1 of this Act, that they are issued in pursuance of this Act and the Constitu-tion of this State, and upon the sale and delivery of any such bond or note, such recitals shall be conclusive upon the State of Delaware and all and every other person whatsoever of the 82 Chapter 40 right, power and authority for the issuance of said bonds or notes and legality and validity of such bonds or notes and of the principal debt and interest represented thereby and the legality and validity of such bonds or notes thereafter shall never be questioned in any court of law or equity by the State of Dela-ware or any person or persons for its use or in its behalf, and this provision shall be and become part of the contract and obligation represented by any such bonds or notes. Section 5. The bonds issued under the authority of this Act shall be in denominations of One Thousand Dollars ($1,000.00), or a multiple thereof, as shall be decided by the Issuing Officers, or the majority of them, with coupons thereto attached for each half year's interest thereon. The said bonds shall be numbered consecutively and shall bear such dates as the Issuing Officers shall fix and shall bear interest at such rate as shall be determined by the bid accepted by the Issuing Officers, which interest shall be payable semi-annually in each year that such bonds remain unpaid, at the Farmers Bank of the State of Delaware, at Dover, upon presentation of a coupon representing such semi-annual interest. The bonds shall be in such form and may contain such other and further recitals and be subject to such terms and conditions, with such privileges as to registration, conversion, reconversion, redemption and exchange, and may contain such other provisions as may be determined by said Issuing Officers. The said bonds shall mature as the Issuing Officers may determine; provided, however, that the principal amount of said bonds, or any series thereof, shall be made to mature fully within twenty (20) years from the date of issue thereof. The said bonds shall be executed on behalf of the State of Delaware by the Governor, the Secretary of State and the State Treasurer and shall have the impression of the Great Seal of the State thereon or shall have facsimile of the Great Seal of the State of Delaware thereon. The facsimile signatures of the Governor and the Secretary of State may be engraved or print-. ed on such bonds, but the signature of the State Treasurer shall be in his own proper handwriting. Chapter 40 83 Attached interest coupons shall bear the signature of the State Treasurer which may be engraved, printed or written on such coupons. The coupons attached to each bond shall bear the same number as the bond to which they are attached. The said bonds, with the coupons attached, may be issued notwithstanding that any of the officers executing them in the manner herein provided shall have ceased to hold office at the time of such issue or at the time of the delivery of the said bonds. Section 6. For the purpose of designation and identifica-tion any bond issued under the authority of this Act shall be known and styled "State Highway Department Improvement Bond of 1961." Section 7. The said bonds, as well as the interest coupons thereto attached, shall be issued in such form or forms as the Issuing Officers may adopt. It shall be the duty of the State Treasurer to provide a record of the proper size and form to be retained in his office, in which he shall keep a record of all bonds which shall be paid and redeemed according to the number thereof, and in addition thereto he shall cause any such bond to be cancelled by making lines with red ink through the signatures of the Governor, Secretary of State and State Treasurer, and also by writing across the face thereof in red ink the following: This bond paid and redeemed this day of , A. D. 19 State Treasurer As the said coupons are paid, it shall be the duty of the State Treasurer to mark the same in red ink across the face "Paid". All bonds paid and redeemed, as well as all coupons paid and cancelled as aforesaid, shall be safely kept by the State Treasurer so long as any bond authorized by this Act is unpaid and not redeemed. 84 Chapter 40 Section 8. Whenever the bonds authorized by this Act may be issued in conformity with the provisions of this Act, the Issuing Officers are hereby directed to advertise that they will receive bids at such place or places that may be named in said advertisement for such bonds under such regulations as may be made in the discretion of the Issuing Officers. Sufficient notice of sale of said bonds shall be deemed to have been given if said notice shall have been published at least once, ten or more days before the date of sale in at least one newspaper published in the State of Delaware and in a financial journal published in the City of New York, and no other publications of such notice of sale shall be necessary; and said bonds may be sold upon such terms and conditions as may be set forth in such notice of sale, provided that the purchase price shall be not less than par and accrued interest. If any of said bonds so offered for sale are not bid for, or if any insufficient price be bid for them, they may be subsequently disposed of under the direction of the Issuing Officers at private sale upon the best terms they can obtain for the same, provided that they shall not be sold at private sale for less than par and accrued interest. Section 9. All moneys received from the sale of the bonds or notes shall be deposited by the State Treasurer in the Farm-ers Bank of the State of Delaware at Dover, and shall be used exclusively in accordance with the provisions of this Act and for the purpose of paying the principal of notes issued under this Act. In addition to any moneys appropriated by any other Act there is hereby appropriated to the State Highway Department the sum of Twenty Six Million Six Hundred Sixty Thousand Dollars ($26,660,000) or so much thereof as shall be received from the sale of the bonds and notes authorized hereby, which shall be used for the purposes set forth herein. Any of said funds remaining unexpended at the end of any fiscal year shall not revert to the General Fund, but shall remain in said account to be used for the purposes set forth in this Act. Section 10. There is hereby appropriated from the Gen-eral Fund such sums as may be necessary for the expenses in-cident to the issuance of the bonds and notes herein authorized, and such further sums as may be necessary to pay any interest Chapter 40 85 which becomes due on such bonds and notes during the fiscal year ending June 30, 1963, and such further sums as may be necessary for the repayment of the principal of any of the said bonds or notes which become due during the fiscal year ending June 30, 1963. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Any moneys received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund. Section 11. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year beginning July 1, 1961 and for each subsequent fiscal year or biennium, shall contain under the Debt Service Item pro-visions for the payment of interest and principal maturities of the bonds issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provision or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon. Approved May 4, 1961. 86 CHAPTER 41 AN ACT TO AMEND TITLE 10, SECTION 2706 OF THE DELAWARE CODE OF 1953 RELATING TO CON-STABLES. Be it enacted by the General Assembly of the State of Delaware: That Title 10, Section 2706 of the Delaware Code of 1953, is hereby amended by striking out the word "five" in line 1 of Sub-Section (d) and substituting in lieu thereof the word "ten". Approved May 5, 1961. 87 CHAPTER 42 AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD. WHEREAS, it is deemed desirable that the Charter of the City of Seaford, being Chapter 184, Volume 43, Laws of Dela-ware, entitled "An Act Changing the Name of the 'Town of Seaford' to 'The City of of Seaford' and Establishing a Charter Therefor" together with the various amendments and supple-ments thereto, be amended and revised in certain respects and consolidated into one complete act. Be it enacted by the Senate and the House of Representa-tives in, the General Assembly met (with the concurrance of two-thirds of all the Members elected to each House thereof): TERRITORY AND LIMITS. Section 1. (A) The present territorial limits of the City of Seaford are as follows : BEGINNING at a point (No. 1) near the center of the Seaford Milling Company's Mill Dam and near where the old waste gates formerly stood, said point being marked by a mon-ument set in the road at a distance of 25 feet therefrom and at right-angles to the first course of this description; thence run-ning from said point N 72° 02' W 231.0 feet to a monument (point 2) ; thence N 45° 32' W 276.5 feet to a monument (point 3) set on the prolongation of the South side of Poplar Street; (NOTE: The first course, including the point of beginning, and the first 60 feet of the second course are in Williams Pond; the Seaford Milling Company's Mill Dam and the road across it are no longer in existence. Due to the acquirement and con-struction of Poplar Street Extended, and also due to the re-cently constructed causeway and bridge over Williams Pond, the second course runs, in part, in the right-of-way of said Poplar Street Extended and point 3 is approximately 5 feet South of the Northerly line of said Poplar Street Extended) thence N 00° 32' W and running on a course parallel with and at a distance of 473.4 feet from the Easterly line of North 88 Chapter 42 Street 2466.0 feet to a monument (point 4) set on the South-easterly line of the State Highway leading to Bridgeville known today as "U. S. Route 13A"; thence by and with said south-easterly line of U. S. Route 13A S 350 28' W 908.0 feet (passing over a monument set at the intersection of the Easterly line of North Street and continuing) to a monument (point 5) set at the intersection of the Westerly line of North Street; thence continuing along the Southeasterly line of said U. S. Route 13A S 430 28' W 282.8 feet to a monument (point 6) set at the intersection of the Southerly line of the State Road known as "duPont Road", thence by and with said Southerly line of duPont Road S 74° 28' W 133.0 feet (passing over a monument set at the intersection of the Easterly line of Front Street and continuing) to a monument (point 7) set at the intersection of the Westerly line of said Front Street; thence continuing along the same bearing approximately 1165 feet to a concrete monu-ment (point 8) set on the Easterly line of Market Street; thence in a Northerly direction by and with said Easterly line of Market Street N 16° 29' 30" W. 370.82 feet to a concrete mark-er (point 9) ; thence continuing along the said Easterly line of Market Street (which, in part, runs near and not quite parallel to an existing chain link fence on the westerly line of the Seaford School Board Property) N 17° 00" W 739.30 feet to a concrete marker (point 10) placed on the Westerly line of the lands of, now or formerly, Edward C. Davis and which marks the Northerly line of Nanticoke Avenue; thence by and with said Northerly line of Nanticoke Avenue, which is also the Southerly line of the Seaford Special School District, S 77° 18' W 368.22 feet to a concrete marker (point 11) set on the West-erly line of Arch Street, passing through an area locally known as "Hurley Heights"; thence by and with the said Westerly line of Arch Street S 16° 29' 30" E 1134.46 feet to a concrete marker (point 12) set on the Southerly line of duPont Road; thence proceeding Westerly along said Southerly line of duPont Road S 74° 28' W 741.3 feet (passing over a monument set at the Easterly line of Pine Street and continuing 35.5 feet there-from) to a point (No. 13) in the roadway of Pine Street; thence continuing along the said Southerly line of said duPont Road S 76° 50' W 20.65 feet to a monument (point 14) set at the intersection of the Westerly line of Pine Street; thence con-tinuing along the said Southerly line of duPont Road on the Chapter 42 89 same bearing 139.3 feet at a monument (point 15) ; thence continuing along the said Southerly line of duPont Road S 85° 55' W 182.2 feet to a point (No. 16,) the said point being at a distance of 4.6 feet from a point on the prolongation of the back tangent of the Northbound track of the Pennsylvania Rairoad; thence continuing along the said Southerly line of said duPont Road S 88° 17' W approximately 37 feet to (point 17) the Westerly Right-of-Way line of the said Pennsylvania Railroad; thence in a Northerly direction by and with the said Westerly line of said Pennsylvania Railroad R/W 618.55 feet along a slight curve or arc of a circle, the radius of which is 5664.34 feet and the chord of which is N 16° 10' W and 618.32 feet long to (point 18) the P. T. of said curve; thence continu-ing along said Westerly line of the Pennsylvania R/W N 13° 02' 30" W 1895.6 feet to a point (No. 19) marking the Southerly line of the lands of, now or formerly, James T. Ross; thence by and with said Southerly line of the lands of, now or formerly, James T. Ross and with the Northerly line of the "Murrell Sub-division" S 71° 35' W 2274.4 feet (to point 20) ; thence con-tinuing on the same bearing with the Northerly line of the land of, now or formerly, George Houston S 71° 35' W 342.8 feet to a granite stone marker (point 21) which is on the Easterly line of the lands of, now or formerly, Adrian Fleetwood and the Westerly line of the lands of, now or formerly, George Houston ; thence by and with said line (which, in part, is also the center line of the proposed extension of Nylon Boulevard North of Stein Highway) S 18° 06' E 712 feet to a concrete marker (point 22) ; thence with the division line, and its pro-jection, between the lands of, now or formerly, Adrian Fleet-wood and "Parsons Village" S 71° 23' 30" W 735.0 feet to a granite marker (point 23) on the Easterly line of State High-way 30 leading from Seaford to Wesley Church; thence by and with said Easterly line of State Highway 30 S 18° 35' E 1020.8 feet to the Northerly line of Stein Highway, and continuing on the same bearing 70 feet more across Stein Highway to a point (No. 24) on the Southerly line of said Stein Highway, the total distance of this course being 1090.8 feet; thence by and with said Southerly line of Stein Highway and in part with the Northerly line of the "Martin Farms Subdivision" S 77° 04' W 980.8 feet to a concrete monument (point 25) on the East-erly line of Sussex Avenue; thence continuing along the South- 90 Chapter 42 erly line of Stein Highway with the same bearing, crossing Sussex Avenue, and proceeding along the Northerly line of the "Westview Subdivision" approximately 1066 feet to (point the Westerly line of said "Westview Subdivision" and also the Westerly line of a 10 foot alley; thence by and with the said Westerly line of the 10 foot alley of the said "Westview Sub-division", which is also the Easterly line of the lands of, now or formerly, Cecil B. Tull S 08° 40' E 1985.93 feet to (point the Northerly line of the Southern States Cooperative property; thence by and with the said Northerly line of the Southern States Cooperative Property and the Southerly line of the lands of, now or formerly, Cecil B. Tull N 67° 36' W 1131.39 feet to (point 28) the Westerly line of the Southern States Cooperative Property; thence by and with said West-erly line S 22° 24' W 450.0 feet to (point 29) the Northerly line of the Pennsylvania Railroad ; thence by and with said Northerly line of the Pennsylvania Railroad S 67° 36' E 1400.0 feet to (point 30) the Westerly line of the "Westview Subdi-vision"; thence by and with the Southerly line of said "West-view Subdivision" S 67° 40' E approximately 690 feet (to point 31) ; thence continuing along the same bearing, in part with the said Southerly line of the "Westview Subdivision", and crossing State Road #536 leading from Seaford to Woodland, approximately 375 feet to a point (No. 32) on the Southerly line of said State Road #536; thence by and with said South-erly line of State Road #536 along a curve, the chord of which is S 75° 20' W and approximately 210 feet long, to (point 33) the Easterly line of that portion of the State Road #536 known as Sussex Avenue ; thence by and with said Easterly line of Sussex Avenue, which is also the Westerly line of the DuPont Corporation Property, N 07° 10' W 1495.0 feet to a point (No. 34) ; thence continuing along the said Easterly line of said Sussex Avenue and the said Westerly line of the DuPont Cor-poration Property N 11° 26' W 444.0 feet to (point 35) the Southerly line of Poplar Street and the Northerly line of the DuPont Corporation Property ; thence by and with said South-erly line of Poplar Street on the following courses : N 84° 09' E. 88.0 feet (to point 36) ; 306.26 feet along the arc of a slight curve to the left, the radius of which is 2465.7 feet and the chord of which is N 80° 35' 30" E and 306.6 feet long (to point 37) ; N 77° 02' E 396.8 feet (to point 38) ; 223.89 feet Chapter 42 91 along the arc of a slight curve to the left, the radius of which is 1028.96 feet and the chord of which is N 70° 48' E and 223.44 feet long (to point 39) ; 36.28' along the arc of a curve to the right, the radius of which is 66.66 feet and the chord of which is N 80° 09' 30" E and 35.85 feet long (to point 40) ; S 84° 15' E 588.17 feet to (point 41) the Westerly line of Nylon Boulevard ; thence in a Southerly direction by and with said Westerly line of Nylon Boulevard S 10° 35' E 227.15 feet to a point (No. 42) ; thence leaving said Westerly line of Nylon Boulevard and proceeding South-westerly S 58° 52' 30" W 260.11 feet to a point (No. 43) thence proceeding Southerly S 33° 30' 30" E 664.28 feet (to point 44) ; thence S 35° 29' 30" E 306.57 feet (to point 45) returning to the Westerly line of Nylon Boulevard ; thence in a Southerly direction by and with said Westerly line of Nylon Boulevard along a slight curve or arc of a circle, the radius of which is 3100 feet and the chord of which is S 29° 20' 30" E, a distance of 560.0 feet to a point (No. 46) ; thence continuing in a Southerly direction along a slight curve or arc of a circle, the radius of which is 3100 feet and the chord of which is S 38° 07' 30" E, a distance of 550.0 feet to a point (No. 47) of a compound curve; thence continuing in a Southerly direc-tion along a curve or arc of a circle, the radius of which is 550 feet and the chord of which is S 50° 07' 30" E, a distance of 120.0 feet to a point No. 48) of reverse curve ; thence continu-ing in a Southerly direction along the arc of said reverse curve, the radius of which is 60 feet and the chord of which is S 220 37' 30" E, a distance of 85.0 feet to (point 49) the Norther-ly line of Harrington Street; thence in an Easterly direction by and with the said Northerly line of Harrington Street N 48° 1-6' 30" E 117.78 feet to a point of curve (point 50) in said Northerly line of Harrington Street; thence continuing Easterly by and with said Northerly line of Harrington Street along a curve or arc of a circle, the radius of which is 1506.42 feet and the chord of which is N 49° 19' 30" E and 62.22 feet long (to point 51) ; thence proceeding across said Harrington Street in a Southwesterly direction S 15° 43' W 55.6 feet to a cross cut in the center of the pavement in the center-line of said Harrington Street (point 52) thence continuing on the same bearing 530.5 feet to a stone (point 53) set for the corner 92 Chapter 42 of lands, now or formerly, of Isaac Willin; thence S 60° 47' E along the said Westerly line of lands of said Isaac Willin, in-tersecting the center-line of track of, now or formerly, C. & R. R. at a distance of 165.8 feet from the last named corner and forming an agle of 122° 52' with the forward tangent as now laid down, and continuing on the same bearing an addi-tional distance of 35.7 feet to a stone (point 54) set on the Southerly right-of-way of the said C. & S. R. R. and also a corner of the lands of, now or formerly, Mrs. T. E. Willin, the total distance of this course being 201.5 feet; thence S 65° 55' E 335.8 feet along the Easterly side of a road (same being the line of lands, now or formerly, of Mrs. T. E. Willin), to a Persimmon tree (point 55), a corner of lands of said Mrs. E. Willin; thence S 46° 51' E 358 feet along the line of lands of the said C. & S. R. R. Co. and along the Easterly side of above-named road to a monmument (point 56) ; thence S 21° 37' E 240.4 feet along the Easterly side of a road to a stone (point 57) set for a corner of the laands of, now or formerly, the Delaware Shipbuilding Company; thence S 44° 08' W 228.4 feet along the line of lands of said Delaware Shipbuilding Com-pany to a monument (point 58) on the Southerly side of the road; thence S 100 43' W 330 feet partly along line of lands of the said Delaware Shipbuilding Company and land of, now or formerly, John Palmer, and along the Southerly, side of a road to a monument (point 59) on the Southerly side of the road ; thence S 05° 58' W 275.3 feet along line of lands of, now or form-erly, the said Delaware Shipbuilding Company to a monument (point 60) set for a corner of the lands of the said Delaware Shipbuilding Company; thence S 05° 53' E along the line of the lands of the said Delaware Shipbuilding Company, passing through the decayed stump of a large Sycamore tree (point 61) standing at the edge of a wharf owned, now or formerly, by the Allen Package Company (said tree and edge of wharf being at a distance of 182.5 feet from last-named monument) and continuing along the same bearing to the line of low water of the Nanticoke River ; thence up the said Nanticoke River to Herring Run or Clare Creek Branch ; thence up the said run or branch with the several meanderings thereof to the Seaford Milling Company's Mill Dam, to the point No. 1 of begin-ning. Chapter 42 93 (b) The above description, courses and distances, in-cludes the territorial limits of the City of Seaford as set forth in Chapter 184, Volume 43, Laws of Delaware, and all an-nexations which have been authorized by the General Assem-bly subsequent to the enactment of the previous Charter and prior to the passage of this Act. The description set forth above shall be recorded in the office of the Recorder of Deeds, in and for Sussex County, in Georgetown, Sussex County, Delaware, and shall be evidence in all courts of law and equity in this State. ANNEXATION OF TERRITORY. Section 2. In the event that it becomes feasible or nec-essary in the future for the City of Seaford to enlarge its then existing limits and territory, such ann |
| Date Digital | 2010 |
| CONTENTdm file name | 3058.cpd |
Description
| Title | Laws of the State of Delaware - Volume 53 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- FIRST SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 3, A. D. 1961 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND EIGHTY- FIFTH VOLUME LIII Printed by allUord Chronicle Publishing Company Milford. Delaware |
| CONTENTdm file name | 39481.pdfpage |
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