15 chapters · 150 sections in this title.
2 Del. C. § 1301. Short title.
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§ 1301. Short title. This chapter shall be known as the Delaware Transportation Authority Act.62 Del. Laws, c. 164, §§ 1, 2;
2 Del. C. § 1302. Legislative findings and determinations.
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§ 1302. Legislative findings and determinations. (a) The General Assembly finds that: (1) There is a continuing need to apply the resources of the State to implement plans for air, water, vehicular, public and specialized transportation in the State; (2) There is a continuing nee…
2 Del. C. § 1303. Definitions.
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§ 1303. Definitions. (a) “Delaware Transit Corporation” means a corporation created pursuant to this chapter which is the parent corporation of subsidiaries created pursuant to this chapter the purpose of which is to provide public transit services. (b) “Airport facility” means a…
2 Del. C. § 1304. Established; Director.
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§ 1304. Established; Director. (a) There is hereby established a body corporate and politic, to be known as the “Delaware Transportation Authority.” The Authority shall be a public instrumentality of the State exercising public and essential governmental functions, and the exerci…
2 Del. C. § 1305. Turnpike maintenance and operations.
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§ 1305. Turnpike maintenance and operations. The Authority is authorized to make appropriate provisions for the maintenance and operation of the Delaware Turnpike including, but not limited to, assignment of the responsibility for maintenance and operation by the Division of High…
2 Del. C. § 1306. Aeronautics within the Department.
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§ 1306. Aeronautics within the Department. Administration of the laws of this State appearing in Chapters 1, 3, 5, 7 and 9 of this title shall be administered by the Office of Aeronautics within the Department. The Secretary of the Department may appoint a person of suitable qual…
2 Del. C. § 1307. Subsidiaries.
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§ 1307. Subsidiaries. (a) The Authority may create or abolish 1 or more subsidiary corporations and grant to such subsidiaries any or all of the powers to perform the duties, functions or activities granted by this chapter to the Authority necessary or convenient to execute the p…
2 Del. C. § 1308. Termination of local and specialized transportation authorities [Repealed].
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§ 1308. Termination of local and specialized transportation authorities [Repealed]. Repealed by 69 Del. Laws, c. 435, § 16, eff. July 14, 1994.
2 Del. C. § 1309. Powers.
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§ 1309. Powers. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, to be exercised through the written approval of the Secretary, including, but without limiting the generality of the foregoi…
2 Del. C. § 1310. Revenues.
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§ 1310. Revenues. (a) The Authority may make and enforce such rules and regulations and establish, fix and revise from time to time, and charge and collect (or authorize by contract, franchise, lease or otherwise, the establishment, fixing, revising, changing, charging and collec…
2 Del. C. § 1311. Bonds.
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§ 1311. Bonds. The Authority is hereby authorized to provide by resolution, at 1 time or from time to time, for the issuance of duly authorized bonds of the Authority for any of its corporate purposes, including the refunding of its bonds. The principal of, premium, if any, and t…
2 Del. C. § 1312. Authorized projects.
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§ 1312. Authorized projects. The Authority is hereby authorized to issue bonds to refund outstanding bonds of the Authority and to issue bonds to finance the costs of the following transportation facilities forming part of the unified transportation system of the State: (1) Recon…
2 Del. C. § 1313. Projects transferred to Authority; cancellation of state general obligation bond authority.
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§ 1313. Projects transferred to Authority; cancellation of state general obligation bond authority. There is hereby repealed the authorization to issue bonds, to which the State has been authorized to pledge its faith and credit, the proceeds of which were appropriated to the Dep…
2 Del. C. § 1314. Authorization of state highway projects.
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§ 1314. Authorization of state highway projects. (a) In order to assist the program of highway construction and reconstruction authorized in §§ 1312 and 1313 of this title, and in connection with the construction and reconstruction of the State’s unified transportation system, th…
2 Del. C. § 1315. Credit of State not pledged to Authority bonds.
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§ 1315. Credit of State not pledged to Authority bonds. Bonds issued by the Authority under this chapter shall not constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any such political subdivi…
2 Del. C. § 1316. Bonds as legal investments; legal deposit.
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§ 1316. Bonds as legal investments; legal deposit. Bonds issued pursuant to this chapter are securities in which all state officers and officers of political subdivisions, administrative departments, boards and commissions of the State, all banks, bankers, savings banks and insti…
2 Del. C. § 1317. Revenues as trust funds; pledge or assignment of revenues; security interest.
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§ 1317. Revenues as trust funds; pledge or assignment of revenues; security interest. All moneys received pursuant to this chapter, whether as proceeds from sale of bonds, from grants or other contributions or other revenues, shall be trust funds, to be held and applied solely as…
2 Del. C. § 1318. Certain contract with bondholders.
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§ 1318. Certain contract with bondholders. The State hereby pledges to and agrees with the holders of bonds issued pursuant to this chapter that the State will not limit or restrict the rights granted to the Authority by this chapter to construct, reconstruct, improve, extend, al…
2 Del. C. § 1319. Exemption from taxation.
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§ 1319. Exemption from taxation. The State covenants with the purchasers and with all subsequent holders, owners and transferees of bonds, in consideration of the acceptance of and payment for the bonds, that the bonds (which include interest thereon), and their transfer, shall b…
2 Del. C. § 1320. Special provisions relating to Delaware Turnpike.
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§ 1320. Special provisions relating to Delaware Turnpike. (a) The Authority and the State shall always maintain and keep in good condition and operating repair the Delaware Turnpike. (b) The Authority may provide or make provision for an adequate police force to enforce the laws …
2 Del. C. § 1321. Limitation on jurisdiction of political subdivisions.
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§ 1321. Limitation on jurisdiction of political subdivisions. No political subdivision of the State shall exercise any power, authority or jurisdiction over property of the Authority including but not limited to the exercise of the police power or the exercise of the power of con…
2 Del. C. § 1322. Conveyance to Authority.
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§ 1322. Conveyance to Authority. Any political subdivision, agency, department or commission of the State, notwithstanding any contrary provision of law, may lease, grant or convey to the Authority any real property or rights in real property, including but not limited to public …
2 Del. C. § 1323. Audit of books and accounts.
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§ 1323. Audit of books and accounts. The office of Auditor of Accounts shall cause an annual audit of the books and accounts of the Authority. The selection of a firm to perform the annual audit of the books and accounts of the Authority shall be mutually agreed upon by the offic…
2 Del. C. § 1324. Damage to private property.
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§ 1324. Damage to private property. All private property damaged or destroyed in the exercise by the Authority of the powers granted by this chapter shall either be restored or repaired and placed in its condition prior to such damage or destruction, as nearly as practicable, or …
2 Del. C. § 1325. Employees of the Delaware Transit Corporation and subsidiaries.
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§ 1325. Employees of the Delaware Transit Corporation and subsidiaries. The Director and Deputy Director of the Delaware Transit Corporation shall be exempt from Chapter 59 of Title 29, as amended. All employees of any public or specialized transportation subsidiary, including pe…
2 Del. C. § 1325A. Status of former DTA employees.
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§ 1325A. Status of former DTA employees. Any employee of the Delaware Transportation Authority as of June 30, 1994, and retaining merit system status at that time who is transferred to the Delaware Transit Corporation before August 31, 1995, shall be deemed to be employed by the …
2 Del. C. § 1326. John F. Kennedy Memorial Highway.
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§ 1326. John F. Kennedy Memorial Highway. The Delaware Interstate Highways 295 and 95 leading from the Delaware Memorial Bridge to the Maryland state line shall be known as the “John F. Kennedy Memorial Highway.” The Authority shall cause to be erected suitable signs or markers t…
2 Del. C. § 1327. Operation of service stations.
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§ 1327. Operation of service stations. The Authority may lease a retail fuel outlet or service station to a manufacturer of petroleum products. The manufacturer, its subsidiary or agents may operate such outlet or service station notwithstanding § 2905 of Title 6 [repealed], as a…
2 Del. C. § 1328. Application of state Freedom of Information Act.
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§ 1328. Application of state Freedom of Information Act. (a) The Authority and its subsidiaries shall be subject to all applicable provisions of the state Freedom of Information Act, Chapter 100 of Title 29. (b) Written or recorded information concerning employee addresses, work …
2 Del. C. § 1329. Liability of Authority.
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§ 1329. Liability of Authority. (a) Any operation, service or program provided by the Delaware Transportation Authority or under its auspices not covered by a general liability policy, self-insurance or other insurance policy as shall be legally established and funded by said Aut…
2 Del. C. § 1330. Limitation of actions to recover payments erroneously or illegally collected by the Authority.
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§ 1330. Limitation of actions to recover payments erroneously or illegally collected by the Authority. No action or claim that is otherwise permitted against the State or an agency or authority of the State to recover any charges, fares, fees, rentals or tolls or other payments e…
2 Del. C. § 1331. Motor fuel tax.
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§ 1331. Motor fuel tax. The provisions of Chapters 51 and 52 of Title 30 and Chapter 29 of Title 6 shall be administered by the Department of Transportation in the Office of Motor Fuel Tax. The Director of the Office of Motor Fuel Tax shall be transferred to the Department of Tra…
2 Del. C. § 1332. Passenger rail carriers.
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§ 1332. Passenger rail carriers. (a) The General Assembly has determined as a matter of public policy that it is in the best interests of the citizens of Delaware to apply a limitation of liability for any passenger rail carrier, not otherwise protected under State law, in order …
2 Del. C. § 1333 , 1334. [Reserved.]
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§§ 1333, 1334. [Reserved.]
2 Del. C. § 1335. Maintaining adequate supplies of road materials [Operation of this statute was suspended by 85 Del. Laws, c. 64, § 113].
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§ 1335. Maintaining adequate supplies of road materials [Operation of this statute was suspended by 85 Del. Laws, c. 64, § 113]. (a) Legislative findings. — The General Assembly finds that the interests of the State are not well served when its ability to obtain a ready supply an…