State Codes and Statutes

State Codes and Statutes

Statutes > Delaware > Title2 > C013

TITLE 2

Transportation

Transportation Department

CHAPTER 13. DELAWARE TRANSPORTATION AUTHORITY

§ 1301. Short title.

This chapter shall be known as the Delaware Transportation Authority Act.

62 Del. Laws, c. 164, §§ 1, 2.;

§ 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 need to implement such plans on a comprehensive and integrated basis for the benefit of all people in the State and the users of those facilities from other states in order to obtain an economical, efficient and unified system of air, water, vehicular, public and specialized transportation;

(3) There is a continuing need to provide methods for financing existing and future transportation facilities in the State to maintain and develop such economical transportation systems for the health, welfare, convenience and safety of the people of the State and the users of those facilities from other states; and

(4) Air, water, vehicular, public and specialized transportation facilities form a unified system of transportation because, among other reasons:

a. Such facilities, as a whole, contribute to the commerce of the State and unification of the planning for and financing of such facilities will increase the economic vitality of the State;

b. The use of 1 form of or facility for transportation will reduce congestion in the use of another form of or facility for transportation; and

c. The use of public and specialized transportation will reduce environmental pollution and conserve energy for the benefit of all users of transportation facilities and for the benefit of the people of this State and such unified system of transportation is of grave concern to the State.

(b) The General Assembly hereby determines that in order to remedy such conditions and to implement the purposes of this chapter, there shall be created an authority which shall be a body politic and corporate constituting a public instrumentality having the powers, duties and functions provided in this chapter; that the creation of the authority and the powers conferred on such authority under this chapter and the expenditure of moneys pursuant to this chapter constitute a valid public purpose and the performance of a valid public function; that the enactment of the provisions hereinafter set forth is in the public interest and for the public benefit and welfare and is hereby so declared to be as a matter of express legislative determination.

60 Del. Laws, c. 503, § 8; 62 Del. Laws, c. 164, §§ 1, 2; 63 Del. Laws, c. 179, § 28.;

§ 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 an air transportation facility, including but not limited to terminal improvements, air cargo facilities, airfield improvements and general aviation facilities, and necessary or incidental site improvements, utilities, roads, parking lots, land or rights in land, machinery, equipment, apparatus and appurtenances for use in handling air carrier service and general aviation activities.

(c) "Authority" means the Delaware Transportation Authority and its successors.

(d) "Bond" means bonds, notes or other obligations issued by the Authority pursuant to this chapter.

(e) "Cost" means the cost of constructing, reconstructing, improving, extending, altering, modernizing, repairing, operating and maintaining a transportation facility, including but not limited to the costs of acquisition of land and rights in land, demolition of structures on such land, machinery, equipment, furnishings and apparatus, financing charges including interest on borrowed money for a transportation facility for a period ending 1 year after commencement of operations of such transportation facility, the funding of reserves, estimates, plans, reports, specifications and studies, legal, financial, architectural, consulting, engineering, administrative and other expenses deemed necessary or incident to the construction, reconstruction, improvement, extension, alteration, modernization, repair, operation or maintenance of a transportation facility by the Authority.

(f) "Council" means the Council on Transportation reestablished by this chapter.

(g) "Delaware Turnpike" means the toll express highway designated Delaware Interstate 95 extending from a point in the vicinity of Farnhurst, Delaware, to a point at or near the boundary line between the State and the State of Maryland.

(h) "Department" means the Department of Transportation and its successors.

(i) "Director" means the Director of the Delaware Transit Corporation.

(j) "Division of Highway Operations" means the Division of the Department created by 57 Del. Laws, c. 514, § 1 (§ 8406 of Title 29, as amended).

(k) "General Assembly" means the Senate and the House of Representatives of the State.

(l) "Operating expenses" means the reasonable and necessary current expenses of operating, repairing and maintaining transportation facilities, including administrative expenses incurred in maintenance and operation of the Delaware Turnpike, but not the administrative expenses of the Authority.

(m) "Person" means any person, including individuals, firms, partnerships, associations, societies, trusts, public or private corporations, not for profit corporations or other legal entities, including public or governmental bodies as well as natural persons and subsidiaries created pursuant to this chapter.

(n) "Port facility" means any water port, including but not limited to piers, docks, wharves, warehouses, sheds, elevators, compressors, refrigeration and other storage structures, terminals, land or rights in land and site improvements used or to be used in the handling, storage, loading and unloading of freight, the embarking and disembarking of passengers, or both, at a water port.

(o) "Public transportation facility" means a bus, rail or other facility, owned or operated by the Delaware Transit Corporation, which provides general service to the public on a regular and continuing basis.

(p) "Revenues" means charges, fares, fees, gifts, receipts, rentals, tolls or other payments or moneys derived from or with respect to the operation, lease, sale or other disposition of transportation facilities by the Authority, including, but not limited to, proceeds from insurance covering transportation facilities, investment income from revenues, the proceeds of bonds and investment income therefrom, gifts, grants or appropriations from any person, and including motor fuel taxes and annual motor carrier registration fees imposed pursuant to § 5211(a) of Title 30, as amended, pledged and assigned by this chapter.

(q) "Secretary" means the Secretary of the Department of Transportation.

(r) "Specialized transportation facility" means a transportation facility designed or intended to be utilized by persons who are disabled by reason of physical or mental infirmity or age.

(s) "State" means the State of Delaware.

(t) "Subsidiary" means a corporation created by the Authority pursuant to this chapter.

(u) "Transportation facility" means any facility used in connection with the performance of a transportation service, including but not limited to an airport facility, turnpike, port facility, road, highway, bridge, tunnel, subway or parking facility, and all equipment, machinery, fixtures, buildings and structures, land or rights in land incidental to or required in connection with the performance of transportation services.

(v) "Turnpike" means any express toll road, or part or parts thereof, including but not limited to land and rights in land, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, exits, approaches, service stations, restaurants, administration, lodging, storage and other buildings and facilities which the Authority may deem necessary or appropriate for the construction, reconstruction, improvement, extension, alteration, modernization, repair, operation and maintenance of a turnpike.

(w) [Repealed.]

60 Del. Laws, c. 503, § 8; 62 Del. Laws, c. 164, §§ 1, 2; 63 Del. Laws, c. 179, § 29; 63 Del. Laws, c. 387, § 42(b); 69 Del. Laws, c. 435, §§ 1-6.;

§ 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 exercise by the Authority of the powers conferred by this chapter is hereby determined to be an essential governmental function of the State in order to create an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State. The exercise of power by the Authority pursuant to this chapter is hereby mandated by the State as sovereign, it being the intention of the State to displace competition with regulation or monopoly public service.

(b) All action by the Authority shall be taken by resolution of the Secretary, the Director of the Office of Financial Management and Budget and the Administrator of the Transportation Trust Fund.

(c) The Authority may be dissolved by an act of the General Assembly on condition that the Authority has no debts or obligations outstanding or that provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the Authority, all property, funds and assets thereof shall be vested in the State.

(d) The Authority shall make an annual report of its activities to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate of the General Assembly, the Controller General and the Auditor of Accounts. Each such report shall contain a complete operating and financial statement covering the Authority's operations during the past fiscal year of the Authority and shall include copies of the audits required to be obtained by the Authority pursuant to this chapter.

(e) No director, officer, employee or agent of the Authority shall be interested, either directly or indirectly, in any project or in any contract, sale, purchase, lease or transfer of real or personal property to which the Authority is a party. The existence of any such interest shall not affect the validity of bonds issued pursuant to this chapter.

(f) No director, officer, employee or agent of the Authority shall be deemed to have forfeited or shall forfeit any other state office or employment or any benefits or emoluments thereof by reason of acceptance of an office of the Authority or services therefor, subject to this chapter.

62 Del. Laws, c. 164, §§ 1, 2; 69 Del. Laws, c. 435, §§ 7, 8.;

§ 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 Highway Operations, subject however, to the requirement that at all times the Authority shall retain the ultimate responsibility for operation and maintenance of the Delaware Turnpike in accordance with the terms and conditions of any trust agreement with bondholders. The assignment of responsibilities for maintenance and operation of the Delaware Turnpike to an entity other than the Authority shall not include the authority to adjust in any manner charges, fares, fees, rentals and/or tolls.

62 Del. Laws, c. 164, §§ 1, 2; 69 Del. Laws, c. 435, § 9.;

§ 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 qualifications to administer the Office of Aeronautics.

62 Del. Laws, c. 164, §§ 1, 2; 69 Del. Laws, c. 435, § 10.;

§ 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 powers and duties and to undertake the functions and activities granted by this chapter to the Authority with respect to any transportation facilities including but not limited to public transportation facilities and specialized transportation facilities except as proscribed by this section.

The Authority is authorized to create or abolish a subsidiary corporation called the "Delaware Transit Corporation" to be the parent corporation of all subsidiaries created pursuant to this section to provide public transit services. The Delaware Transit Corporation is declared to be a public benefit corporation constituting a public instrumentality of the State exercising public and essential governmental functions. The Delaware Transit Corporation and its public transportation services subsidiaries shall be under the direction and supervision of a Director who shall be appointed by the Secretary, with the written approval of the Governor, and who shall serve at the pleasure of the Secretary. The Director of the Delaware Transit Corporation may appoint a Deputy Director.

Each subsidiary shall have all the privileges, immunities, tax exemptions and other exemptions of the Authority. A subsidiary shall be created by filing with the Secretary of State a certificate of incorporation. Such certificate shall be filed by the Secretary. Such certificate shall set forth (1) the name of the subsidiary; (2) the address of the subsidiary; (3) the term of existence of the subsidiary; (4) the name of the original administrator of the subsidiary; (5) the purposes of the subsidiary; (6) the powers of the subsidiary granted by the Authority; and (7) such other matters as the Secretary may deem appropriate. If the Authority shall determine that 1 or more of its subsidiaries shall be a public benefit corporation, constituting a public instrumentality of the State exercising public and essential governmental functions, such certificate shall make such recital and such subsidiary shall be a body politic and corporate of the State.

The Authority shall have no power or right (1) to grant any subsidiary the power to issue bonds, notes or other obligations of the subsidiary evidencing an obligation of the subsidiary to repay borrowed money, except that any subsidiary may borrow money for operating expenses for no more than 12 months in such amounts as may be approved in writing by the Secretary; or (2) to grant, donate, pledge, assign or otherwise transfer or create an obligation to transfer any revenues of the Authority derived from the operation of the Delaware Turnpike.

Chapter 69 of Title 29 shall not apply to any contracts between any subsidiary and an agency or department of the State or any of its political subdivisions. Except as otherwise provided by law, all agencies and departments of the State and any of its political subdivisions that contract with subsidiaries for service shall provide payment for such services at least 1 month prior to the rendering of such service. Subsidiaries will provide such agencies a status of their respective accounts on a monthly basis.

(b)(1) All subsidiaries operating any public transportation facility or specialized transportation facility shall have authority to bargain collectively with labor organizations representing employees and may enter into agreements with such organizations relative to wages, salaries, hours, working conditions, health benefits, pensions and retirement allowances of such employees.

(2) In the case of any labor dispute between such a subsidiary and its employees where collective bargaining does not result in a settlement, the same may be submitted at the written request of either party to final and binding arbitration pursuant to any agreement entered into between the subsidiary and the employees so providing, or, in the absence of such provisions, with the written consent of both parties to an arbitration board composed of 3 persons, 1 appointed by the subsidiary, 1 appointed by the labor organization representing the employees and a third member to be agreed upon by the subsidiary and the labor organization or, if no such third member is mutually acceptable, selected from a list of 5 persons, to be furnished by the American Arbitration Association at the request of either party, by alternately striking 1 name until only 1 name remains.

(3) The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute.

(4) No employee of such a subsidiary shall strike while in the performance of official duties.

62 Del. Laws, c. 164, §§ 1, 2; 63 Del. Laws, c. 179, §§ 36-38; 69 Del. Laws, c. 435, §§ 11-15; 70 Del. Laws, c. 186, § 1.;

§ 1308. Termination of local and specialized transportation authorities.

Repealed by 69 Del. Laws, c. 435, § 16, eff. July 14, 1994.

§ 1309. Powers [Effective until September 10, 2010]

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 foregoing, the power to:

(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Prescribe rules, regulations and policies in connection with the performance of its functions and duties, and to provide penalties for the violation of such rules and regulations and to provide for the enforcement of state law in or on any transportation facility owned or operated by the Authority or a subsidiary;

(3) Adopt an official seal and to alter the same at pleasure;

(4) Sue in its own name;

(5) Acquire in the name of the Authority, without the approval of the Public Service Commission or any other public body, by purchase, lease, assignment, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land or interest therein or personal property for any transportation facility; however, no facility of the Greater Wilmington Airport, owned by New Castle County, the Sussex County Airport, owned by Sussex County, the Port of Wilmington, owned by the City of Wilmington, or any facility of the Wilmington Parking Authority may be acquired by the Authority unless specifically authorized to do so by an act of the General Assembly;

(6) Supervise or contract for the supervision of all engineering work for any transportation facility appointing such deputies as may be necessary to assist the Authority in such supervision;

(7) Employ consulting engineers, architects, attorneys in accordance with § 2507 of Title 29, real estate counselors, appraisers, accountants, construction and financial experts, superintendents, managers and such other consultants and employees or to enter into contracts with a person, upon such terms and conditions as the Secretary shall determine to be reasonable, to effect the purposes of this chapter including but not limited to payment or reimbursement for planning, designing, financing, constructing, reconstructing, improving, extending, altering, modernizing, repairing, operating and maintaining a transportation facility, to fix their compensation from funds available to the Authority, and to compromise any claims arising therefrom;

(8) Construct, reconstruct and maintain an administration office or offices or such other facilities at such places within the State as it may determine for the effective and efficient operation of the Authority;

(9) Construct, reconstruct, improve, extend, alter, modernize, repair, operate and maintain transportation facilities;

(10) Manage, operate, sell, lease, convey, enter into management contracts, grant options or exclusive licenses, or otherwise dispose of real and personal property acquired by the Authority, for such consideration and upon such terms as the Authority may determine to be reasonable;

(11) Provide for the removal of abandoned, wrecked or disabled motor vehicles and other objects from transportation facilities; provided that only such persons as the Authority may designate shall be permitted to enter any transportation facility owned or operated by the Authority for the purpose of such removal; or, to provide any assistance to any person for compensation;

(12) Fix and revise from time to time, and to charge and collect charges, fares, fees, rentals and tolls, for use of transportation facilities as the Authority may deem necessary, proper, desirable or reasonable and to apply such charges, fares, fees, rentals and tolls, and other revenues, to the cost of any transportation facility without regard to the source of such revenues to assist in financing an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State subject to this chapter;

(13) Designate the locations and to establish, limit and control the points of ingress and egress from a turnpike as may be necessary or desirable in the judgment of the Authority to ensure the proper operation and maintenance of a turnpike, and to prohibit entrance to a turnpike from any point or points not so designated;

(14) Contract for and to receive and accept gifts, grants or loans of funds or property or financial or other aid from any person for the purposes of this chapter and to comply, subject to this chapter, with the terms and conditions thereof; and to make grants or loans to any person for any transportation purpose approved by the Authority;

(15) Issue bonds for the purposes of this chapter;

(16) Appoint and fix the salary of the administrator of any administration or subsidiary created pursuant to this chapter;

(17) Purchase, acquire and take assignments of notes, mortgages and other forms of security and evidences of indebtedness;

(18) Establish and maintain reserve and insurance funds with respect to any transportation facility;

(19) Invest any funds or money of the Authority pending the application of such funds or moneys to the purposes of this chapter;

(20) Procure insurance against any losses in connection with its property, operations or assets of any of its administrations or subsidiaries in such amounts and from such insurers as it deems desirable;

(21) Change the location of any portion of any public highway, or to vacate or relocate any highway affected by construction of transportation facilities, provided that the Authority reconstruct such relocated highway at such location as the Authority shall deem most favorable, of substantially the same type and in as good condition as the existing highway at the time the Authority changed the location of such highway, provided further that the cost of such reconstruction and any damage incurred in changing the location of any such highway shall be paid by the Authority;

(22) Construct, reconstruct, maintain or improve grade separations at intersections with public highways and to change and adjust the lines and grades of such highways so as to accommodate the same to the design of such grade separation, provided that the cost of such grade separations and any damage incurred in changing and adjusting the lines and grades of such highways shall be paid by the Authority;

(23) Enter upon any lands, waters and premises in the State for the purpose of making such surveys, soundings, drillings and examinations as the Authority may deem necessary or convenient for the purposes of this chapter, such entry not being deemed a trespass, nor shall an entry for such purposes be deemed entry under any condemnation proceedings which may be then pending; provided that the Authority shall make reimbursement for any actual damage resulting from such activities;

(24) Grant easements for the installation, construction, reconstruction, maintenance, repair, renewal, relocation and removal of tracks, pipes, pipelines, mains, conduits, cables, wires, towers, poles and other equipment and appliances to any person owning or operating such facilities in, on, along, over or under any transportation facility provided that if the Authority shall determine that it is necessary that any such facilities which now are, or after July 12, 1979, may be located in, on, along, over or under any transportation facility should be relocated or should be removed from such transportation facility, the person owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority; provided further that the person owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations; provided, however, that the cost of removal or relocation of such facilities, or of installing such facilities in a new location, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish such relocation, removal or installation, shall be paid by the Authority;

(25) Take by eminent domain such land abutting a transportation facility, subject to this chapter, as the Authority may deem necessary or desirable for the purpose of removing or relocating all or any part of the facilities of a public utility and may thereafter lease the same or convey an easement or any other interest therein to such person upon such terms as the Authority, in its sole discretion, may determine; provided that the relocation of such facilities of any public utility, in accordance herewith, shall be valid subject to the filing of the plans thereof, as may be required by law, with the Public Service Commission, and no other general laws or other special laws or parts thereof shall be applicable to such relocation;

(26) Place and maintain, or to grant permission by easement or otherwise to any person to place and maintain, on or under or within a transportation facility ducts, pipes, pipelines, wires or other structures or fixtures, to be so located as not to interfere with the safe and convenient operation and maintenance of such transportation facility, and may contract with any such person for such permission on such terms and conditions as may be fixed by the Authority; provided that the construction, reconstruction, maintenance, improvement and repairs of such ducts, pipes, pipelines, wires or other structures or fixtures shall be subject to such directions and regulations as the Authority may impose;

(27) Create or abolish subsidiaries, as provided in this chapter;

(28) Delegate to the Delaware Transit Corporation the rights and responsibilities to:

a. Develop plans and programs:

1. To foster efficient and economical public transportation; and

2. To serve citizens requiring specialized transportation.

b. Fix from time to time, without approval of the Public Service Commission or any other agency or political subdivision of the State, schedules, routes, rates or fares, and charges for use of public transportation services furnished or operated by the Delaware Transit Corporation ("Corporation") pursuant to this chapter, subject to the following provisions:

1. The Corporation will provide an opportunity for a public hearing or public meeting whenever it proposes either to increase the basic fare structure or a major reduction in service (defined herein as affecting 15 percent or more of the ridership within the county for which the reduction is proposed, or at least 15 percent of the service miles currently operating in the affected county, or at least 25 percent of the revenue service trips of any 1 route). The Corporation shall publish a legal notice in 2 newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to any such proposed public hearing or meeting, as well as post on-board passenger notices of the proposed changes, directing those interested to the location where the details of the proposals can be reviewed. A verbatim transcript will be made of all comments made for the record at any such public hearing or meeting. The Corporation must first review this transcript and all other received comments before it makes a final decision whether to approve such proposals, make an adjustment in such proposals to respond to received public comments, or reject such proposals.

2. For other changes not subject to sub-subparagraph 1 of this subparagraph, including, by way of example and not by way of limitation, adjustments to running times to reflect current travel times, decreases in fares or additions to service, at least 2 weeks prior to the implementation date the Corporation shall publish statewide a legal notice in at least 1 newspaper of general circulation, as well as post on-board passenger notices of, the proposed changes on all normally scheduled bus service, directing those interested to the location where the details of the proposals can be reviewed and where comments concerning the change can be sent.

3. No public comment period shall be required when making a change in service to avoid hazardous or potentially hazardous conditions that may exist along a route or to initiate a temporary service or customer benefit for a defined period or for a service that is designed to change its routing and pickup times with fluctuating demands; provided that the rate of fare or charge for individuals 65 years of age or older shall be not more than 40 percent of the regular fare charged per zone.

c. Provide specialized transportation services to those persons contracting for such services by pooling and coordinating the resources of public transportation including the Delaware Transit Corporation's facilities and private services including taxicabs and other privately owned transportation services; provided, that no reduction in service area, span of service hours, increase in basic fares or changes in rules (not mandated by federal regulations) on eligibility that would reduce the ability of those that qualify as being disabled by reason of physical or mental infirmity from utilizing available specialized transportation (except in cases where the individual engages in violent, seriously disruptive or illegal conduct) shall be implemented by the Corporation without first providing an opportunity for a public hearing or public meeting; further provided that all such public hearings or public meetings shall be preceded by the Corporation publishing a legal notice in 2 newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to such proposed public hearing or meeting, as well as posting on-board passenger notices of the proposed changes, directing those interested to the location where all details of the proposal can be reviewed; and further provided that a verbatim transcript shall be made of all comments made for the record at any such public hearings or meetings and that the transcript and all other received comments shall be reviewed by the Corporation prior to making a final decision on whether to approve such proposals, make an adjustment in such proposals that respond to received public comments, or reject such proposals;

d. Provide service without charge to all blind citizens of the State on any public transportation facility operated by the Delaware Transit Corporation, provided that an identification card issued by the Delaware Commission for the Blind shall be sufficient evidence of the qualification of the patron for such free transportation, and provided further that no such service without charge as provided herein shall be offered by the Delaware Transit Corporation beyond the amount of funds specifically appropriated for such purpose by the General Assembly;

e. Provide for the use of contractual advertising on the downstream panels of Delaware Transit Corporation's transit shelters to offset the cost of providing these facilities, except that no such advertising shall be permitted in the following locations:

1. Within a residential subdivision, except at its entrance;

2. Within 50 feet of a residence;

3. Within 100 feet of any property designated as a historic resource under federal, state, or local law; or

4. Within 150 feet of areas experiencing continually high incident rates of drug offenses or crimes against persons, measured on a calendar-year basis, as designated by the State Bureau of Identification or the applicable local police agency.

(29) Perform such other acts and duties as are necessary or convenient to carry out the powers expressly granted in this chapter.

60 Del. Laws, c. 503, § 8; 62 Del. Laws, c. 125, § 7; 62 Del. Laws, c. 164, §§ 1, 2; 63 Del. Laws, c. 179, § 39; 69 Del. Laws, c. 435, §§ 17-25; 72 Del. Laws, c. 72, §§ 1, 2; 75 Del. Laws, c. 98, § 91.;

§ 1309. Powers [Effective Sept. 10, 2010]

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 foregoing, the power to:

(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Prescribe rules, regulations and policies in connection with the performance of its functions and duties, and to provide penalties for the violation of such rules and regulations and to provide for the enforcement of state law in or on any transportation facility owned or operated by the Authority or a subsidiary;

(3) Adopt an official seal and to alter the same at pleasure;

(4) Sue in its own name;

(5) Acquire in the name of the Authority, without the approval of the Public Service Commission or any other public body, by purchase, lease, assignment, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land or interest therein or personal property for any transportation facility; however, no facility of the Greater Wilmington Airport, owned by New Castle County, the Sussex County Airport, owned by Sussex County, the Port of Wilmington, owned by the City of Wilmington, or any facility of the Wilmington Parking Authority may be acquired by the Authority unless specifically authorized to do so by an act of the General Assembly;

(6) Supervise or contract for the supervision of all engineering work for any transportation facility appointing such deputies as may be necessary to assist the Authority in such supervision;

(7) Employ consulting engineers, architects, attorneys in accordance with § 2507 of Title 29, real estate counselors, appraisers, accountants, construction and financial experts, superintendents, managers and such other consultants and employees or to enter into contracts with a person, upon such terms and conditions as the Secretary shall determine to be reasonable, to effect the purposes of this chapter including but not limited to payment or reimbursement for planning, designing, financing, constructing, reconstructing, improving, extending, altering, modernizing, repairing, operating and maintaining a transportation facility, to fix their compensation from funds available to the Authority, and to compromise any claims arising therefrom;

(8) Construct, reconstruct and maintain an administration office or offices or such other facilities at such places within the State as it may determine for the effective and efficient operation of the Authority;

(9) Construct, reconstruct, improve, extend, alter, modernize, repair, operate and maintain transportation facilities;

(10) Manage, operate, sell, lease, convey, enter into management contracts, grant options or exclusive licenses, or otherwise dispose of real and personal property acquired by the Authority, for such consideration and upon such terms as the Authority may determine to be reasonable;

(11) Provide for the removal of abandoned, wrecked or disabled motor vehicles and other objects from transportation facilities; provided that only such persons as the Authority may designate shall be permitted to enter any transportation facility owned or operated by the Authority for the purpose of such removal; or, to provide any assistance to any person for compensation;

(12) Fix and revise from time to time, and to charge and collect charges, fares, fees, rentals and tolls, for use of transportation facilities as the Authority may deem necessary, proper, desirable or reasonable and to apply such charges, fares, fees, rentals and tolls, and other revenues, to the cost of any transportation facility without regard to the source of such revenues to assist in financing an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State subject to this chapter;

(13) Designate the locations and to establish, limit and control the points of ingress and egress from a turnpike as may be necessary or desirable in the judgment of the Authority to ensure the proper operation and maintenance of a turnpike, and to prohibit entrance to a turnpike from any point or points not so designated;

(14) Contract for and to receive and accept gifts, grants or loans of funds or property or financial or other aid from any person for the purposes of this chapter and to comply, subject to this chapter, with the terms and conditions thereof; and to make grants or loans to any person for any transportation purpose approved by the Authority;

(15) Issue bonds for the purposes of this chapter;

(16) Appoint and fix the salary of the administrator of any administration or subsidiary created pursuant to this chapter;

(17) Purchase, acquire and take assignments of notes, mortgages and other forms of security and evidences of indebtedness;

(18) Establish and maintain reserve and insurance funds with respect to any transportation facility;

(19) Invest any funds or money of the Authority pending the application of such funds or moneys to the purposes of this chapter;

(20) Procure insurance against any losses in connection with its property, operations or assets of any of its administrations or subsidiaries in such amounts and from such insurers as it deems desirable;

(21) Change the location of any portion of any public highway, or to vacate or relocate any highway affected by construction of transportation facilities, provided that the Authority reconstruct such relocated highway at such location as the Authority shall deem most favorable, of substantially the same type and in as good condition as the existing highway at the time the Authority changed the location of such highway, provided further that the cost of such reconstruction and any damage incurred in changing the location of any such highway shall be paid by the Authority;

(22) Construct, reconstruct, maintain or improve grade separations at intersections with public highways and to change and adjust the lines and grades of such highways so as to accommodate the same to the design of such grade separation, provided that the cost of such grade separations and any damage incurred in changing and adjusting the lines and grades of such highways shall be paid by the Authority;

(23) Enter upon any lands, waters and premises in the State for the purpose of making such surveys, soundings, drillings and examinations as the Authority may deem necessary or convenient for the purposes of this chapter, such entry not being deemed a trespass, nor shall an entry for such purposes be deemed entry under any condemnation proceedings which may be then pending; provided that the Authority shall make reimbursement for any actual damage resulting from such activities;

(24) Grant easements for the installation, construction, reconstruction, maintenance, repair, renewal, relocation and removal of tracks, pipes, pipelines, mains, conduits, cables, wires, towers, poles and other equipment and appliances to any person owning or operating such facilities in, on, along, over or under any transportation facility provided that if the Authority shall determine that it is necessary that any such facilities which now are, or after July 12, 1979, may be located in, on, along, over or under any transportation facility should be relocated or should be removed from such transportation facility, the person owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority; provided further that the person owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations; provided, however, that the cost of removal or relocation of such facilities, or of installing such facilities in a new location, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish such relocation, removal or installation, shall be paid by the Authority;

(25) Take by eminent domain such land abutting a transportation facility, subject to this chapter, as the Authority may deem necessary or desirable for the purpose of removing or relocating all or any part of the facilities of a public utility and may thereafter lease the same or convey an easement or any other interest therein to such person upon such terms as the Authority, in its sole discretion, may determine; provided that the relocation of such facilities of any public utility, in accordance herewith, shall be valid subject to the filing of the plans thereof, as may be required by law, with the Public Service Commission, and no other general laws or other special laws or parts thereof shall be applicable to such relocation;

(26) Place and maintain, or to grant permission by easement or otherwise to any person to place and maintain, on or under or within a transportation facility ducts, pipes, pipelines, wires or other structures or fixtures, to be so located as not to interfere with the safe and convenient operation and maintenance of such transportation facility, and may contract with any such person for such permission on such terms and conditions as may be fixed by the Authority; provided that the construction, reconstruction, maintenance, improvement and repairs of such ducts, pipes, pipelines, wires or other structures or fixtures shall be subject to such directions and regulations as the Authority may impose;

(27) Create or abolish subsidiaries, as provided in this chapter;

(28) Delegate to the Delaware Transit Corporation the rights and responsibilities to:

a. Develop plans and programs:

1. To foster efficient and economical public transportation; and

2. To serve citizens requiring specialized transportation.

b. Fix from time to time, without approval of the Public Service Commission or any other agency or political subdivision of the State, schedules, routes, rates or fares, and charges for use of public transportation services furnished or operated by the Delaware Transit Corporation ("Corporation") pursuant to this chapter, subject to the following provisions:

1. The Corporation will provide an opportunity for a public hearing or public meeting whenever it proposes either to increase the basic fare structure or a major reduction in service (defined herein as affecting 15 percent or more of the ridership within the county for which the reduction is proposed, or at least 15 percent of the service miles currently operating in the affected county, or at least 25 percent of the revenue service trips of any 1 route). The Corporation shall publish a legal notice in 2 newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to any such proposed public hearing or meeting, as well as post on-board passenger notices of the proposed changes, directing those interested to the location where the details of the proposals can be reviewed. A verbatim transcript will be made of all comments made for the record at any such public hearing or meeting. The Corporation must first review this transcript and all other received comments before it makes a final decision whether to approve such proposals, make an adjustment in such proposals to respond to received public comments, or reject such proposals.

2. For other changes not subject to sub-subparagraph 1 of this subparagraph, including, by way of example and not by way of limitation, adjustments to running times to reflect current travel times, decreases in fares or additions to service, at least 2 weeks prior to the implementation date the Corporation shall publish statewide a legal notice in at least 1 newspaper of general circulation, as well as post on-board passenger notices of, the proposed changes on all normally scheduled bus service, directing those interested to the location where the details of the proposals can be reviewed and where comments concerning the change can be sent.

3. No public comment period shall be required when making a change in service to avoid hazardous or potentially hazardous conditions that may exist along a route or to initiate a temporary service or customer benefit for a defined period or for a service that is designed to change its routing and pickup times with fluctuating demands; provided that the rate of fare or charge for individuals 65 years of age or older shall be not more than 40 percent of the regular fare charged per zone.

4. No less than twice per year, the Corporation will publish all route, schedule and fare information for public transit routes operated by the Corporation for use and review by the public and third parties in generally accepted open data formats. For the purposes of this paragraph, "publish" shall mean to make available for anonymous download on a publicly maintained website of the Corporation, and "open data format" shall mean machine-readable data formats adhering to a generally accepted specification commonly used by transit agencies to publish schedule, route and fare information for third-party use. Such route information shall be available for download by members of the public and third parties at no charge.

c. Provide specialized transportation services to those persons contracting for such services by pooling and coordinating the resources of public transportation including the Delaware Transit Corporation's facilities and private services including taxicabs and other privately owned transportation services; provided, that no reduction in service area, span of service hours, increase in basic fares or changes in rules (not mandated by federal regulations) on eligibility that would reduce the ability of those that qualify as being disabled by reason of physical or mental infirmity from utilizing available specialized transportation (except in cases where the individual engages in violent, seriously disruptive or illegal conduct) shall be implemented by the Corporation without first providing an opportunity for a public hearing or public meeting; further provided that all such public hearings or public meetings shall be preceded by the Corporation publishing a legal notice in 2 newspapers of general circulation announcing the opportunity for a public hearing or public meeting at least 20 days prior to such proposed public hearing or meeting, as well as posting on-board passenger notices of the proposed changes, directing those interested to the location where all details of the proposal can be reviewed; and further provided that a verbatim transcript shall be made of all comments made for the record at any such public hearings or meetings and that the transcript and all other received comments shall be reviewed by the Corporation prior to making a final decision on whether to approve such proposals, make an adjustment in such proposals that respond to received public comments, or reject such proposals;

d. Provide service without charge to all blind citizens of the State on any public transportation facility operated by the Delaware Transit Corporation, provided that an identification card issued by the Delaware Commission for the Blind shall be sufficient evidence of the qualification of the patron for such free transportation, and provided further that no such service without charge as provided herein shall be offered by the Delaware Transit Corporation beyond the amount of funds specifically appropriated for such purpose by the General Assembly;

e. Provide for the use of contractual advertising on the downstream panels of Delaware Transit Corporation's transit shelters to offset the cost of providing these facilities, except that no such advertising shall be permitted in the following locations:

1. Within a residential subdivision, except at its entrance;

2. Within 50 feet of a residence;

3. Within 100 feet of any property designated as a historic resource under federal, state, or local law; or

4. Within 150 feet of areas experiencing continually high incident rates of drug offenses or crimes against persons, measured on a calendar-year basis, as designated by the State Bureau of Identification or the applicable local police agency.

(29) Perform such other acts and duties as are necessary or convenient to carry out the powers expressly granted in this chapter.

60 Del. Laws, c. 503, § 8; 62 Del. Laws, c. 125, § 7; 62 Del. Laws, c. 164, §§ 1, 2; 63 Del. Laws, c. 179, § 39; 69 Del. Laws, c. 435, §§ 17-25; 72 Del. Laws, c. 72, §§ 1, 2; 75 Del. Laws, c. 98, § 91; 77 Del. Laws, c. 372, § 1.;

§ 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 collecting of) such charges, fares, fees, rates, rentals and tolls for the use of any transportation facility, or parts or sections thereof, operated by the Authority, as the Authority may deem necessary, proper, desirable or reasonable, subject to this chapter. The Authority may contract with any person desiring the use of any part of such transportation facilities, including rights-of-way for placing thereon, telephone, telegraph, electric light or power lines, gas stations, garages, restaurants and advertisements or for any other purposes, and fix the terms, conditions, charges, fares, fees, rates, rentals and tolls for such use. Such charges, fares, fees, rates, rentals and tolls shall be so fixed and changed from time to time in respect to the aggregate of charges, fares, fees, rates, rentals and tolls from any such transportation facility in order to provide a fund sufficient with other available revenues, if any:

(1) To pay the operating expenses of the Authority with respect to such transportation facility;

(2) To pay the principal of premium, if any, and interest on bonds of the Authority issued under this chapter, including bonds issued to refund such bonds at or prior to maturity thereof, and bond financing costs, with respect to such transportation facility; and

(3) To provide operating and debt service reserve funds of such character and amount as the Authority shall determine to be necessary to ensure proper maintenance of such transportation facility and to protect the holders of such bonds.

(b) The State hereby irrevocably pledges and assigns the motor fuel taxes imposed pursuant to Chapter 51 of Title 30, as amended, and the annual motor carrier registration fees imposed pursuant to § 5211(a) of Title 30, as amended, collected by the State and deposited to the credit of the Authority to pay principal of, premium, if any, and interest on bonds of the Authority issued to finance the cost of transportation facilities as provided below. The State shall transfer all motor fuel taxes, and the annual motor carrier registration fees, as defined herein and in § 5206 of Title 30, as amended, to the Authority for deposit into a motor fuel tax collection fund and a motor carrier registration collection fund. The Authority shall apply motor fuel taxes, and annual motor carrier registration fees, in the following order and for the following purposes, to the extent such revenues are available:

(1) To pay principal of, premium, if any, and interest on bonds of the Authority issued subsequent to the effective date of this section, as amended, to finance costs of transportation facilities described in subdivisions (2) and (3) of § 1312 of this title, as amended;

(2) To pay any amounts that may be owing to a debt service reserve fund established by resolution or trust indenture of the Authority to secure the payment of bonds issued subsequent to the effective date of this section, as amended, for projects described in subdivisions (2) and (3) of § 1312 of this title, as amended; and

(3) To pay the remainder of the motor fuel taxes to the operating fund created by the Authority pursuant to a trust agreement dated as of September 1, 1979, between the Authority and the trustee for bonds issued under that trust agreement for application in the same manner as revenues derived from the Delaware Turnpike.

(c) Prior to the application of revenues derived from the Delaware Turnpike to any other purpose, the Authority shall apply such charges, fares, fees, rates, rentals and tolls collected from or with respect to the operation of the Delaware Turnpike in the following order and for the following purposes, to the extent such revenues are available for such purposes:

(1) To pay the operating expenses of the Delaware Turnpike;

(2) To pay any amounts that may be owing to an operating expense reserve fund established by resolution or trust indenture of the Authority to provide a reserve for operating expense;

(3) To pay principal of, premium, if any, and interest on bonds of the Authority to finance costs of the Delaware interstate system including the Delaware Turnpike, and feeder roads to the Delaware Turnpike;

(4) To pay any amounts that may be owing to a debt service reserve fund established by resolution or trust indenture of the Authority to secure the payment of the Authority's bonds issued to finance costs of the Delaware interstate system including the Delaware Turnpike, and feeder roads to the Delaware Turnpike;

(5) To make payments to an improvement fund to provide for improvements and repairs, other than ordinary annual repairs, to the Delaware Turnpike;

(6) To pay the annual costs of operating and maintaining the Delaware interstate system as part of the unified transportation system of the State, as presently designated by the Secretary with the approval of the Federal Highway Administration, but excluding the Delaware Turnpike, the Delaware Memorial Bridge and roads designated as feeder roads of the interstate system, such amounts to be established by the resolution authorizing the issuance of bonds or the trust indenture securing the bonds which will mandate the allocation of such available revenues at least annually to such purposes;

(7) To make payments to an improvement fund to provide for improvements and repairs, other than ordinary annual repairs, to the Delaware interstate system excluding the Delaware Turnpike and the Delaware Memorial Bridge;

(8) To make payments to a motor fuel tax reimbursement fund. Money shall be transferred by the Authority monthly from the motor fuel tax reimbursement fund to the General Fund of the State in an aggregate amount equal to (i) 9 cents per gallon of motor fuel taxes collected by the State and deposited with the Authority plus (ii) an amount equal to the product of "y" -- the refunds payable on motor fuel taxes -- and "z" -- a fraction, the denominator of which is the applicable motor fuel tax rate and the numerator of which is a number equaling the difference between the applicable motor fuel tax rate and 9 cents per gallon, which amount shall be deemed sufficient to pay refunds by the State pursuant to § 5120 of Title 30, as amended, attributable to the amount of motor fuel taxes levied in excess of 9 cents per gallon;

(9) To make payments to a motor carrier registration reimbursement fund. Money shall be transferred monthly by the Authority from the motor carrier registration reimbursement fund to the General Fund of the State in an aggregate amount equal to $3 for each vehicle registered during the preceding month, pursuant to § 5211(a) of Title 30, as amended;

(10) To make payments to a transportation fund established by a resolution or indenture of the Authority. Money from such transportation fund shall be transferred periodically to a special fund of the State for appropriation by the General Assembly to assist in financing an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State;

(11) To make payments to a road improvement fund established by a resolution or indenture of the Authority. Money from such road improvement fund shall be transferred periodically to a special fund of the State for appropriation by the General Assembly to assist in financing road and street improvements throughout the State.

(d) Available money in any of the funds described in paragraphs (5) through (11) of subsection (c), inclusive, of this section may be transferred to meet payments required to be made from any fund described in subsection (c) of this section to which deposits of revenues are required to be made prior to the deposit of money from the fund or funds from which the transfer will be made.

(e) The Authority's power to review and revise such tolls, fares, rents, rates and other charges shall not be subject to supervision or regulation by any department, division, commission, board, council, bureau or agency of the State or any political subdivision thereof. The Authority will consider the purposes of this chapter when establishing such charges, fares, fees, rates, rentals and tolls.

62 Del. Laws, c. 164, §§ 1, 2; 63 Del. Laws, c. 179, § 30; 63 Del. Laws, c. 387, § 42(c)-(f).;

§ 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 the interest on any issue of bonds shall be payable solely from, and may be secured by, a pledge and assignment of revenues, provided, that the proceeds of any bonds may be used, pledged and assigned for the establishment of any or all reserves for such payment or security or for other corporate purposes as the Authority may authorize in its resolution authorizing the issuance of bonds or in a trust agreement securing the same.

The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall mature at such time or times, may be redeemed before maturity, at the option of the Authority, at such price or prices and under such terms and conditions, all as may be fixed by the Authority prior to the issuance of the bonds. The Authority shall determine the form of the bonds including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the State. The bonds shall be signed by the Secretary or shall bear the Secretary's facsimile signature and the official seal of the Authority or a facsimile thereof shall be impressed, imprint