Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 1401. Definitions.
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§ 1401. Definitions. As used in this chapter: (1) “Authority” means a body politic and corporate created pursuant to this chapter or, if such body politic and corporate shall be abolished, the board, body or commission succeeding to the principal functions thereof or to which the…
16 Del. C. § 1402. General referendum; creation of authority; certificate and recording; certification of information to Secretary of State.
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§ 1402. General referendum; creation of authority; certificate and recording; certification of information to Secretary of State. (a) (1) After a favorable majority referendum vote at a special election in the municipality or in each of the municipalities creating an authority, w…
16 Del. C. § 1403. Amendment of articles of incorporation.
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§ 1403. Amendment of articles of incorporation. Every authority of this State may, from time to time and in the manner hereinafter provided, amend its articles of incorporation and thereby accomplish any 1 or more of the following: The adoption of a new name, changes in, addition…
16 Del. C. § 1404. Withdrawal or joinder of municipalities; procedure.
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§ 1404. Withdrawal or joinder of municipalities; procedure. (a) Whenever an authority has been incorporated by 2 or more municipalities, any 1 or more of such municipalities may withdraw therefrom and any municipality not having joined in the original incorporation may join in th…
16 Del. C. § 1405. Exercise of powers by governing body; composition; quorum; personnel; salaries; records.
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§ 1405. Exercise of powers by governing body; composition; quorum; personnel; salaries; records. (a) The powers of each authority shall be exercised by a governing body (herein called the “board”) composed as follows: (1) If the authority is incorporated by 1 municipality, the bo…
16 Del. C. § 1406. Character of authorities with reference to public health and welfare; projects; general powers.
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§ 1406. Character of authorities with reference to public health and welfare; projects; general powers. (a) Each authority created hereunder shall be deemed to be an instrumentality exercising public and essential governmental functions to provide for the public health and welfar…
16 Del. C. § 1407. Limits of powers.
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§ 1407. Limits of powers. None of the powers granted by this chapter shall be exercised in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or in part shall duplicate or compete with existing utilities, public or private…
16 Del. C. § 1408. Issuance of revenue bonds — Interest; maturity; use of proceeds; interim receipts or temporary bonds.
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§ 1408. Issuance of revenue bonds — Interest; maturity; use of proceeds; interim receipts or temporary bonds. (a) (1) Each authority created under this chapter may provide by resolution of its board, at 1 time or from time to time, for the issuance of revenue bonds of the authori…
16 Del. C. § 1409. Issuance of revenue bonds — Faith and credit of State or political subdivisions as unaffected.
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§ 1409. Issuance of revenue bonds — Faith and credit of State or political subdivisions as unaffected. Revenue bonds issued under this chapter shall not be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision thereof. All such bonds s…
16 Del. C. § 1410. Exemption of projects from taxes.
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§ 1410. Exemption of projects from taxes. No authority shall be required to pay any taxes or assessments upon any project acquired, constructed or operated by it under this chapter or upon the income therefrom, and the bonds issued under this chapter, their transfer and the incom…
16 Del. C. § 1411. Fixed charges in connection with projects; regulation of sewage; water meter readings.
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§ 1411. Fixed charges in connection with projects; regulation of sewage; water meter readings. (a) The rates, fees and charges of each authority in connection with each project shall be so fixed and revised as to provide funds, with other funds available for such purposes, suffic…
16 Del. C. § 1412. Trust agreements to secure bonds; pledges and assignments; contents of authorizing resolutions; depositaries for bond sales proceeds.
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§ 1412. Trust agreements to secure bonds; pledges and assignments; contents of authorizing resolutions; depositaries for bond sales proceeds. (a) In the discretion of the authority, any revenue bonds issued under this chapter may be secured by a trust agreement by and between the…
16 Del. C. § 1413. Connection with sewerage system by abutting property owners; conditions.
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§ 1413. Connection with sewerage system by abutting property owners; conditions. Upon the acquisition or construction of any sewerage system under this chapter, the owner of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer which…
16 Del. C. § 1414. Provisions permitted for inclusion in resolutions or trust agreements providing for bonds.
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§ 1414. Provisions permitted for inclusion in resolutions or trust agreements providing for bonds. (a) Any resolution or trust agreement providing for the issuance of revenue bonds under this chapter may include any or all of the following provisions and may require the authority…
16 Del. C. § 1415. Moneys received as trust funds; fiscal agents to act as trustees.
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§ 1415. Moneys received as trust funds; fiscal agents to act as trustees. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this …
16 Del. C. § 1416. Rights of bondholders and trustees.
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§ 1416. Rights of bondholders and trustees. Any holder of revenue bonds issued by an authority under this chapter or any of the coupons appertaining thereto and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by the resolution…
16 Del. C. § 1417. Revenue refunding bonds; single issues of revenue bonds; applicability thereto of other provisions of this chapter.
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§ 1417. Revenue refunding bonds; single issues of revenue bonds; applicability thereto of other provisions of this chapter. Each authority created hereunder may provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any rev…
16 Del. C. § 1418. Accreditation of bonds for investment purposes.
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§ 1418. Accreditation of bonds for investment purposes. Bonds issued under this chapter are made securities in which all public officers and public agencies of the State and its political subdivisions, and all bonds, trust companies, savings and loan associations, investment comp…
16 Del. C. § 1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities.
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§ 1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities. (a) Notwithstanding any contrary provision of law, any municipality may transfer jurisdiction over, lease, lend, grant, sell or convey to any authority upon the request of such authori…
16 Del. C. § 1420. Transfer of projects to municipalities; conditions; termination of authorities.
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§ 1420. Transfer of projects to municipalities; conditions; termination of authorities. When any authority shall have paid or provided for the payment of the principal of and the interest on all bonds secured by a pledge of any of the revenues of a project, it may (subject to any…
16 Del. C. § 1420A. Incorporation of project within other governmental system; assumption of debt.
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§ 1420A. Incorporation of project within other governmental system; assumption of debt. No project acquired or constructed by an authority pursuant to this chapter may be incorporated within any other governmental system except upon the assumption without surcharge to the authori…
16 Del. C. § 1421. Scope and construction of chapter.
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§ 1421. Scope and construction of chapter. This chapter shall constitute full and complete authority, without regard to any other law for the doing of the acts and things herein authorized, and shall be liberally construed to effect the purposes hereof; provided, however, that no…