Title 17 — Highways
19 chapters · 166 sections in this title.
17 Del. C. § 301. Definitions.
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§ 301. Definitions. As used in this chapter, unless the context indicates a different intent: (1) “Bridge” means the Delaware Memorial Bridge over the Delaware River and all approaches thereto and approach highways and all other buildings or structures connected with the Bridge a…
17 Del. C. § 302. Operation of Bridge and construction of additions.
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§ 302. Operation of Bridge and construction of additions. The Department may operate and maintain the Bridge, as defined in this chapter, and may construct, operate and maintain additions thereto and improvements thereof.Code 1935, § 166; 45 Del. Laws, c. 274, § 1; 17 Del. C. 195…
17 Del. C. § 303. Acquisition of data and information.
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§ 303. Acquisition of data and information. The Department shall acquire full information to enable it to maintain and operate the Bridge referred to in this chapter. It shall have access to any maps, surveys, data or information which any state agency may possess, deemed useful …
17 Del. C. § 304. Delaware Memorial Bridge Division; Director of Division.
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§ 304. Delaware Memorial Bridge Division; Director of Division. (a) The Department may establish within the Department a Division to be known as the “Delaware Memorial Bridge Division,” and may appoint a Director of such Division and fix the Director’s compensation. The Director …
17 Del. C. § 305. Power to contract; competitive bidding; accounting of expenses; annual report.
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§ 305. Power to contract; competitive bidding; accounting of expenses; annual report. (a) The Department may make and enter into all contracts and agreements with any person, public body or authority of this or any other state which it may consider necessary to or advisable for t…
17 Del. C. § 306. Purchase of property for Bridge purposes.
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§ 306. Purchase of property for Bridge purposes. (a) The Department may purchase within this State and within the State of New Jersey, if permitted to do so by the laws of that State, solely from funds to be provided for the purposes of this chapter, such lands, sand, earth, grav…
17 Del. C. § 307. Title to Bridge and approaches; power to hold title to New Jersey property.
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§ 307. Title to Bridge and approaches; power to hold title to New Jersey property. The title to the Bridge within the territorial limits of this State shall at all times be in the State of Delaware, and the title to so much of the Bridge and any approaches and appurtenances there…
17 Del. C. § 308. Use of lands under Delaware River.
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§ 308. Use of lands under Delaware River. The State consents to the use by the Department, in any manner whatsoever in the performance of its duties hereunder, of all lands lying under the waters of the Delaware River which are within the State and are deemed by the Department to…
17 Del. C. § 309. Regulating use of Bridge; public utilities contracts; penalties.
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§ 309. Regulating use of Bridge; public utilities contracts; penalties. (a) The Department may establish regulations respecting the use of the Bridge and may contract with any person desiring the use of the Bridge, its approaches and appurtenances or any part thereof, including t…
17 Del. C. § 310. Insurance.
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§ 310. Insurance. The Department shall procure and keep in force adequate insurance upon the Bridge, including adequate use and occupancy insurance as well as insurance to defray the cost of removing obstacles from the Delaware River in the event of a collapse or other injury to …
17 Del. C. § 311. Employment of general manager, guards and toll keepers.
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§ 311. Employment of general manager, guards and toll keepers. The Department may employ a general manager for the purpose of supervising the operation of the Bridge and may appoint such number of guards and toll keepers as may be deemed advisable by it, and such officers are giv…
17 Del. C. § 312. Duty to procure fidelity bonds.
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§ 312. Duty to procure fidelity bonds. The Department shall procure and keep in force at all times a fidelity bond or bonds issued by a bonding company qualified to do business in this State to protect the Department against loss arising from the fraudulent or dishonest conduct o…
17 Del. C. § 313. Other crossings prohibited.
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§ 313. Other crossings prohibited. So long as any bonds which may be issued in connection with the financing of the construction of the Bridge shall remain outstanding, no bridge or tunnel over or under the Delaware River for the use of the traveling public or for the transportat…
17 Del. C. § 314. Conferred powers as continuing.
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§ 314. Conferred powers as continuing. The powers herein conferred upon the Department shall be deemed to be continuing powers and may be exercised from time to time and shall not be deemed to be exhausted by any particular exercise thereof.Code 1935, c. 166; 45 Del. Laws, c. 274…
17 Del. C. § 315. Application of other powers of Department.
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§ 315. Application of other powers of Department. All of the powers conferred upon the Department by any other law are made applicable to the Department in the performance of its duties hereunder insofar as the same may be appropriate and consistent with the provisions hereof.Cod…
17 Del. C. § 316. Power of Congress.
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§ 316. Power of Congress. It is recognized that the Bridge and its operation are subject to the power of the Congress of the United States to regulate commerce among the several states.Code 1935, c. 166; 45 Del. Laws, c. 274, § 12; 17 Del. C. 1953, § 316;
17 Del. C. § 317. Exemption from taxation.
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§ 317. Exemption from taxation. The Bridge and all property acquired or used for the purposes thereof in this State shall at all times be free from all taxation within this State.Code 1935, c. 166; 45 Del. Laws, c. 274, § 11; 17 Del. C. 1953, § 317;
17 Del. C. § 318. Authority to issue bonds.
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§ 318. Authority to issue bonds. (a) (1) The Department may provide by resolution, at 1 time or from time to time, for the issuance in the name of the State of revenue bonds of the State, not to exceed in the aggregate principal amount the sum of $49,050,000, including such bonds…
17 Del. C. § 319. Bonds as legal investments for institutions and fiduciaries.
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§ 319. Bonds as legal investments for institutions and fiduciaries. Bonds issued by the Department to finance the construction of the Bridge are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all bank…
17 Del. C. § 320. Credit of State not pledged.
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§ 320. Credit of State not pledged. Revenue bonds issued under this chapter shall be payable exclusively from the funds hereinafter provided therefor from tolls and revenues. All such bonds shall contain a statement on their face that the State is not obligated to pay the same or…
17 Del. C. § 321. Trust indenture.
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§ 321. Trust indenture. In the discretion of the Department, each and any issue of such revenue bonds may be secured by a trust indenture by and between the Department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or w…
17 Del. C. § 322. Remedies of bondholders and trustees.
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§ 322. Remedies of bondholders and trustees. Any holder of revenue bonds issued to finance the construction of the Bridge or any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by r…
17 Del. C. § 323. Power to collect and pledge tolls; sinking fund.
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§ 323. Power to collect and pledge tolls; sinking fund. The Department may make and enforce such rules and regulations and establish, levy and collect (or may authorize by contract, franchise, lease or otherwise, the establishment, levy and collection of) such tolls, rents, rates…
17 Del. C. § 324. Reduction or cessation of tolls.
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§ 324. Reduction or cessation of tolls. When the revenue bonds issued for the Bridge, or any addition or improvement thereto, and the interest thereon shall have been paid, or a sufficient amount shall have been provided for their payment and shall continue to be held for that pu…
17 Del. C. § 325. Contributions.
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§ 325. Contributions. The Department, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of tolls and other revenues derived under this chapter, may accept from any federal agency or other public or private body or from any othe…
17 Del. C. § 326. Moneys as trust funds.
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§ 326. Moneys as trust funds. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds as grants or other contributions or as tolls and revenues, shall be deemed to be trust funds to be held and applied solely as provided i…
17 Del. C. § 327. Revenue refunding bonds.
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§ 327. Revenue refunding bonds. The Department may provide by resolution for the issuance of revenue refunding bonds of the State for the purpose of refunding any revenue bonds issued under this chapter or any prior law and then outstanding. The issuance of such revenue refunding…
17 Del. C. § 328. State covenant for control of Bridge.
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§ 328. State covenant for control of Bridge. The State covenants and agrees with the holders of any of the revenue bonds or other obligations issued by the Department under this chapter or any prior law for which there may be pledged the tolls, rents, rates or other revenues, or …
17 Del. C. § 329. Pecuniary interest of member; penalty.
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§ 329. Pecuniary interest of member; penalty. Whoever, being a member or employee of the Department is either directly or indirectly pecuniarily interested in any contract or subcontract made in connection with the construction, improvement, repair, operation or maintenance of th…
17 Del. C. § 330. [Reserved].
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§ 330. [Reserved].
17 Del. C. § 401. Definitions.
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§ 401. Definitions. As used in this chapter: (1) “Crossing” shall include a bridge or bridges over the Delaware River or a tube or tubes under said River and all approaches thereto and approach highways and all other buildings or structures connected with any such bridge or tube …
17 Del. C. § 402. Purpose.
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§ 402. Purpose. Substantial and accumulated annual increases experienced in highway traffic for the United States as a whole and particularly for Delaware plus the concentration of interstate traffic flow through Delaware caused by the construction of the Delaware Memorial Bridge…
17 Del. C. § 403. Control, operation and revenues of Delaware Memorial Bridge and approaches vested in Department.
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§ 403. Control, operation and revenues of Delaware Memorial Bridge and approaches vested in Department. The control, operation, tolls and other revenues of the Delaware Memorial Bridge and its approaches, and all of the real and personal property appurtenant thereto or used in co…
17 Del. C. § 404. Contracts for maintenance of Delaware Memorial Bridge or repairs or improvements.
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§ 404. Contracts for maintenance of Delaware Memorial Bridge or repairs or improvements. The Department may make and enter into all contracts and agreements with any firm, corporation, public body or authority of this State or any other state which it may consider necessary to or…
17 Del. C. § 405. Construction of toll crossings, highways, express highways and parallel service roads; operation of competitive commercial enterprises.
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§ 405. Construction of toll crossings, highways, express highways and parallel service roads; operation of competitive commercial enterprises. The Department may, with the approval of the Governor, construct toll crossings over or under the Delaware River between the State of Del…
17 Del. C. § 406. Acquisition of property for toll crossings.
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§ 406. Acquisition of property for toll crossings. (a) The Department may purchase within this State and within the State of New Jersey, if permitted to do so by the laws of that State, such lands, sand, earth, gravel, stone, buildings, structures, rights-of-way, franchises, ease…
17 Del. C. § 407. Use of lands under Delaware River.
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§ 407. Use of lands under Delaware River. The State of Delaware consents to the use by the Department, in any manner whatsoever in the performance of its duties under this chapter, of all lands lying under the waters of the Delaware River which are within the State and are deemed…
17 Del. C. § 408. Regulations for use of Bridge or other toll crossings for public utility facilities; penalty for violations.
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§ 408. Regulations for use of Bridge or other toll crossings for public utility facilities; penalty for violations. (a) The Department may establish regulations respecting the use of the Delaware Memorial Bridge and/or any other toll crossing which it may construct or maintain by…
17 Del. C. § 409. Insurance.
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§ 409. Insurance. The Department shall procure and keep in force adequate insurance upon any toll crossing constructed or operated by it, including adequate use and occupancy insurance as well as insurance to defray the cost of removing obstacles from the Delaware River in the ev…
17 Del. C. § 410. Employment of general manager, guards and toll keepers; indemnity bond.
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§ 410. Employment of general manager, guards and toll keepers; indemnity bond. (a) The Department may employ a general manager for the purpose of supervising the operation of toll crossings constructed or maintained by it and may appoint such number of guards and toll keepers as …
17 Del. C. § 411. Other crossings prohibited.
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§ 411. Other crossings prohibited. (a) As long as any bonds issued prior to July 27, 1955, under 45 Del. Laws, c. 275, as amended, shall remain outstanding and unpaid or until provision shall have been made for the payment thereof as provided in the indentures securing such bonds…
17 Del. C. § 412. Exemption from taxation.
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§ 412. Exemption from taxation. All toll crossings constructed or operated and maintained by the Department under this chapter and all property acquired or used by the Department in connection therewith shall at all times be free from all taxation within this State.17 Del. C. 195…
17 Del. C. § 413. Bonds for construction of facilities.
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§ 413. Bonds for construction of facilities. The Department may issue, in the name of the State, revenue bonds of the State, payable solely from the revenues of the Department, for the purpose of paying the cost of construction (including interest during the period of constructio…
17 Del. C. § 414. Bonds for refunding of outstanding obligations.
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§ 414. Bonds for refunding of outstanding obligations. The Department may issue, in the name of the State, revenue bonds of the State, payable solely from the revenues of the Department, at any time after July 27, 1955, for the purpose of refunding at or prior to maturity, all bo…
17 Del. C. § 415. Form and terms of bonds; disposition of proceeds.
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§ 415. Form and terms of bonds; disposition of proceeds. (a) (1) All bonds issued under the authority of this chapter shall be dated, shall bear interest at such rate or rates, not exceeding 5 percent per annum, payable semiannually, shall mature at such time or times and may be …
17 Del. C. § 416. Bonds as legal investments for institutions and fiduciaries, and as legal deposit.
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§ 416. Bonds as legal investments for institutions and fiduciaries, and as legal deposit. Bonds issued under the authority of this chapter are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks,…
17 Del. C. § 417. Credit of State not pledged.
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§ 417. Credit of State not pledged. Bonds issued under this chapter shall be payable exclusively from the revenues of the Department and shall contain a statement on their face that the state shall not be obligated to pay the bonds or the interest thereon except from such revenue…
17 Del. C. § 418. Trust indenture.
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§ 418. Trust indenture. (a) In the discretion of the Department, each and any issue of such bonds may be secured by a trust indenture by and between the Department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or witho…
17 Del. C. § 419. Remedies of bondholders and trustees.
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§ 419. Remedies of bondholders and trustees. Any holder of bonds issued under this chapter or any of the coupons attached thereto and the trustee under the trust indenture, if any, except to the extent the rights given by this chapter may be restricted by resolution passed before…
17 Del. C. § 420. Power to collect and pledge tolls and revenues; fixation of tolls, rates or charges.
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§ 420. Power to collect and pledge tolls and revenues; fixation of tolls, rates or charges. (a) The Department may make and enforce such rules and regulations and establish, levy and collect (or authorize by contract, franchise, lease or otherwise, the establishment, levy and col…