CHAPTER 164

FORMERLY

HOUSE BILL NO. 604

AS AMENDED BY HOUSE AMENDMENT NOS. 2, 3, 4 AND 5

A TRANSPORTATION PROGRAM ACT OF THE STATE OF DELAWARE REPEALING CHAPTERS 13, 14, 16, 17 AND 19 OF TITLE 2, DELAWARE CODE, AS AMENDED, AND SECTIONS 8407, 8408 AND 8409 OF CHAPTER 84, TITLE 29, DELAWARE CODE, AS AMENDED, CONSTITUTING LAWS PERTAINING TO THE DELAWARE TRANSPORTATION AUTHORITY, THE DELAWARE TURNPIKE, LOCAL TRANSPORTATION AUTHORITIES, SPECIALIZED TRANSPORTATION AUTHORITIES, AND THE COUNCIL ON TRANSPORTATION, REESTABLISHING THE DELAWARE TRANSPORTATION AUTHORITY, AS CHAPTER 13 OF TITLE 2, DELAWARE CODE, AS AMENDED, AUTHORIZING THE CREATION OF SUBSIDIARY CORPORATIONS FOR PUBLIC TRANSPORTATION AND SPECIALIZED TRANSPORTATION, AUTHORIZING THE ISSUANCE OF BONDS BY THE DELAWARE TRANSPORTATION AUTHORITY AND THE STATE OF DELAWARE FOR CERTAIN HIGHWAY PROJECTS, AUTHORIZING THE IMPOSITION, COLLECTION AND PLEDGING OF TOLLS ON THE DELAWARE TURNPIKE, TRANSFERRING CERTAIN HIGHWAY PROJECTS TO THE TRANSPORTATION AUTHORITY FROM THE STATE, CANCELLING THE AUTHORITY OF THE STATE TO ISSUE BONDS FOR SUCH HIGHWAY PURPOSES, AUTHORIZING THE DELAWARE TRANSPORTATION AUTHORITY TO REFUND OUTSTANDING BONDS OF SUCH AUTHORITY AND REESTABLISHING THE COUNCIL ON TRANSPORTATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-quarters of all members elected to each House thereof concurring therein):

Section 1. Chapters 13, 14, 16, 17, and 19, Title 2 of the Delaware Code are hereby repealed.

Section 2. Amend Title 2 of the Delaware Code by adding a new chapter thereto to read as follows:

CHAPTER 13. DELAWARE TRANSPORTATION AUTHORITY

Section 1301. Short Title.

This chapter shall be known as the Delaware Transportation Authority Act. Section 1302. Legislative Findings and Determinations.

(a) The General Assembly finds that (i) 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; (ii) there is a continuing need to implement such plans on a comprehensive and integrated basis for the benefit of all people in the State in order to obtain an economical, efficent and unified system of air, water, vehicular, public and specialized transportation; (Hi) 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 (iv) air, water, vehicular, public and specialized transportation facilities form a unified system of transportation because, among other reasons, (x) such facilities, as a whole, contribute to the commerce of the State and the unification of the planning for and financing of such facilities will increase the economic vitality of State; (y) the use of one form of transportation will reduce congestion in the use of another form of transportation; and (z) the use of public and specialized transportation will reduce environmental pollution and conserve energy for the benefit of all users of transportation facilities and 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 act, 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 act; that the creation of the authority and the powers conferred on such authority under this act and the expenditure of moneys pursuant to this act 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.

Section 1303. Definitions.

"Aeronautics Administrator" means the person appointed to administer the Aeronautics Administration.

"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.

"Authority means the Delaware Transportation Authority and its successors.

"Bond" means bonds, notes or other obligations issued by the Authority pursuant to this act.

"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 one 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.

"Council" means the Council on Transportation reestablished by this act.

"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.

"Department" means the Department of Transportation and its successors. "Director" means the Director of the Authority.

"Division of Highways" means the division of the Department created by 57 Del. Laws, c 514, Section 1 (Section 85406, c. 84 Title 29, Del. Code, as amended).

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

"Operating Expenses" means the reasonable and necessary current expenses of operating, repairing and maintaining Transportation Facilities, including administrative expenses of the Turnpike Administration, but not the administrative expenses of the Authority.

"Person" means any person, including individuals, firms, partnerships, associiMrCs, 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 Act.

"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.

"Public Transportation Facility" means a bus, rail or other facility, owned or operated by the Authority, which provides general service to the public on a regular and continuing basis.

"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, and gifts, grants or appropriations from any Person.

"Secretary" means the Secretary of the Department of Transportation.

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.

"State" means The State of Delaware.

"Subsidiary" means a corporation created by the Authority pursuant to this act.

"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.

"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.

"Turnpike Administrator" means the person appointed to administer the Turnpikes.

Section 1304. Creation and Organization of Authority.

(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 act 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 act 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) The Authority shall consist of the Authority Director. The Director shall be appointed by the Secretary, with the advice and consent of the Governor, and shall serve at the pleasure of the Secretary. The Director shall be a person qualified by training and experience to perform the duties of his office. Preference shall be given to a qualified resident of the State. The Director may also be known ELS the "Director of Transportation" of the Department.

(c) All action by the Authority shall be taken by the Director or by the Director's duly appointed agent. In the event of death, resignation, temporary incapacity or removal of the Director or the vacancy of the office and prior to the appointment of the Director's successor, the Secretary may appoint an acting director.

(d) 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.

(e) 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 act.

(f) 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 act.

(g) 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 the provisions of this act.

Section 1305. Turnpike Administration.

There is hereby created, as an adminstrativc body of the Authority, the Turnpike Administration. The Turnpike Adminstration shall be responsible for the operation and maintenance of the Delaware Turnpike and shall perform such other duties and functions as shall be specifically delegated by the Director as approved in writing by the Secretary.

Such administration shall be supervised by the Turnpike Administrator who shall be appointed and shall serve at the pleasure of the Director. The Director shall fix the salary of the Turnpike Administrator.

Section 1306. Aeronautics Administration.

There is hereby created, as an administrative body of the Authority, the Aeronautics Administration. The Aeronautics Administration shall be responsible for the administration of the laws of the State appearing in Chapters 1, 3, 5, 7 and 9, Title 2, Del. Code, as amended, and successor sections, and shall perform such other duties and functions as shall be specifically delegated by the Director with the written approval of the Secretary. Such administration shall be supervised by the Aeronautics Administrator. The Aeronautics Administrator, who shall be qualified by training and experience to perform the duties of his office, shall be appointed and shall serve at the pleasure of the Director. The Director shall fix the salary of the Aeronautics Administrator.

Section 1307. Subsidiaries.

(a) The Authority may create or abolish one 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 act to the Authority necessary or convenient to execute the powers and duties and to undertake the functions and activities granted by this act to the Authority with respect to any Transportation Facilities including but not limited to Public Transportation Facilities and Specialized Transportation Facilities except as prescribed by this Section.

The Subsidiary shall consist of an Administrator appointed by the Director, with the approval of the Secretary, who shall serve at the pleasure of the Director. The Director shall fix the salary of such Administrator. 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 of The State of Delaware, a certificate of incorporation. Such certificate shall be filed by the Secretary. Such certificate shall set forth (i) the name of the Subsidiary; (ii) the address of the Subsidiary; (iii) the term of existence of the Subsidiary; (iv) the name of the original administrator of the Subsidiary; (v) the purposes of the Subsidiary; (vi) the powers of the Subsidiary granted by the Authority; and (vii) such other matters as the Director may deem appropriate. If the Authority shall determine that one 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 (i) 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 its current fiscal year in such amounts as may be approved in writing by the Secretary; or (ii) 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.

The provisions of Chapter 69, Title 29 of the Delaware Code shall not apply to any contracts between any Subsidiary and an agency or department of the State or any of its political subdivisions.

(b) On or prior to the creation of the Subsidiaries required to be created by the following section of this act, the Secretary shall establish such advisory commissions, to serve at his pleasure, to advise Subsidiaries performing the public transportation functions of the Authority as the Secretary shall deem necessary and appropriate.

(e) If, by operation of law, any appointed commissioner of a local transportation authority or a specialized transportation authority in office on the effective date of this act, is entitled to retain his office, the Director shall create a board composed of such commissioners, the administrator and such additional members of the board as shall, with the administrator, constitute a majority of the board. As the terms of such commissioners expire or the commissioners resign, they shall not be replaced. The board shall exercise all powers of the Subsidiary by a majority vote of all members of the board until the terms of the commissioners expire or if such terms have not expired, until such commissioner (or commissioners) has resigned at which time the board will dissolve and the administrator alone shall exercise the powers granted to the Subsidiary.

(d) (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 ease 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 the provisions of 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, I appointed by the subsidiary, I 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 I 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 his official duties.

Section 1308. Termination of Local and Specialized Transportation Authorities.

Within ninety days from the effective date of this act, the rights and privileges exercised by and the duties and obligations incurred by any local transportation authority created pursuant to 56 Del. Laws, e. 268, S8, as amended, (Title 2, e. 16, Del. Code, as amended) or a specialized transportation authority created pursuant to 59 Del. Laws, c. 306, 51, as amended, (Title 2, c. 17, Del. Code, as amended) shall be transferred to one or more Subsidiaries of the Authority, which Subsidiary or Subsidiaries the Authority is hereby required to create, to assist the Authority in the effective organization and support of an economical, efficient and unified State transportation system. Such authorities shall then cease their existence and the right to exercise any rights or privileges or to incur any obligations or perform any duties pursuant to any law of this State. The Secretary shall file a notice of termination of existence of any such authority with the Secretary of State of the State of Delaware to evidence such termination of existence. The obligations and duties of such authorities shall continue as obligations and duties of such Subsidiaries until such time as the Authority or such Subsidiaries alters such obligations or duties pursuant to this act or 56 Del. Laws, e. 268, S8, as amended, (Title 2, e. 16, Del. Code, as amended) and 59 Del. Laws, e. 306, SI, as amended (Title 2, e. 17, Del. Code, as amended). MI claims that are or may be asserted against such authorities shall be asserted or may be asserted against such Subsidiaries.

Prior to the expiration of such ninety-day period, there shall be conducted and completed a thorough audit of all books, records and contracts of such authorities. Such audit may include the regular annual financial audit of such authorities for their fiscal year ending June 30, 1979.

Section 1309. Powers of Authority.

The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, to be exercised with the written approval of the Secretary, including, but without limiting the generality of the foregoing, the power;

(a) to adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) to 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;

(e) to adopt an official seal and to alter the same at pleasure;

(d) to sue in its own name;

(e) to 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.

(f) to 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;

(g) to employ consulting engineers, architects, attorneys in accordance with 29 Del. C. 52507, 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 Authority shall determine to be reasonable, to effect the purposes of this act 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;

(h) to 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;

(i) to construct, reconstruct, improve, extend, alter, modernize, repair, operate and maintain Transportation Facilities;

(j) to 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;

(k) to 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;

Cl) to fix and revise from time to time, and to charge and collect charges, fares, tees, 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 the provisions of this act;

(m) to 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;

(n) to 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 act and to comply, subject to the provisions of this act, with the terms and conditions thereof; and to make grants or loans to any Person for any transportation purpose approved by the Authority;

(o) to issue Bonds for the purposes of this act;

(p) to appoint and fix the salary of the Turnpike Administrator, the Aeronautics Administrator and the administrator of any other administration or Subsidiary created pursuant to this act;

(q) to purchase, acquire and take assignments of notes, mortgages and other forms of security and evidences of indebtedness;

(r) to establish and maintain reserve and insurance funds with respect to any Transportation Facility;

(a) to invest any funds or money of the Authority pending the application of such funds or moneys to the purposes of this act;

(a) to 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;

(a) to 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;

(a) to 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;

(a) to 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 act, 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;

(a) to 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 arc, or after the enactment of this act 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;

(a) to take by eminent domain such land abutting a Transportation Facility, subject to the provisions of this act, 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 casement 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;

(z) to place and maintain, or to grant permission by casement 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, mainenance, 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.

(aa) to create or abolish Subsidiaries, as provided in this act;

(bb) to develop plans and programs (i) to foster efficient and economical public transportation and (ii) to serve citizens requiring specialized transportation;

(cc) to fix from time to time, after a public hearing (except in the case of changes in schedules or routes for a period not exceeding thirty days) and without approval of the Public Service Commission or any other agency of the State, schedules, routes, rates or fares, and charges for use of public transportation services furnished or operated by the Authority pursuant to this act; provided that the rate of fare or charge for individuals 65 years of age or older shall be not more than forty (40) percent of the regular fare charged per zone;

(dd) to provide specialized transportation services to those Persons contracting for such services by pooling and coordinating the resources of public transportation including the Authority's facilities and private services including taxi cabs and other privately owned transportation services;

(ee) to provide service without charge to all blind citizens of the State on any Public Transportation Facility operated by the Authority, 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;

(ff) to regulate public carriers as provided in 60 Del. Laws, c. 503 (Title 2, c. 18, Del. Code as amended);

(gg) to perform such other acts and duties as are necessary or convenient to carry out the powers expressly granted In this act.

Section 1310. Revenues; Establishment and Application.

(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 the provisions of this act. The Authority may contract with any Person desiring the use of any part of a Transportation Facility, 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 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 act, 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 or 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) 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;

(i) to pay the Operating Expenses of the Delaware Turnpike;

(i) 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 Expenses;

(i) 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;

(i) 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;

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

(i) 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;

(i) 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 13ridge;

(i) 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;

(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 act when establishing such charges, fares, fees, rates, rentals and tolls.

Section I 31 I. Bonds.

The Authority is hereby authorized to provide by resolution, at one 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, and from the proceeds of Bonds or any Transportation Facility, subject to the provisions of this act, 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, imprinted, engraved or otherwise reproduced thereon. The official seal or facsimile thereof shall be attested by the Director or by such other officer or agent as the Authority shall appoint and authorize and any coupons attached to such Bonds shall bear the facsimile signature of the Director. In ease any officer whose signature or a facsimile of whose signature shall appear on any Bonds or coupons shall cease to be such officer before the delivery of such Bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. All Bonds issued under the provisions of this act are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State. The Bonds may be issued in coupon or in registered form, or both, ns the Authority may determine, and provision may be made for the registration of any coupon Bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon Bonds of any Bonds registered as to both principal and interest. The Authority may sell such Bonds in such manner, whether at public or private sale, and for such price, as it may determine to be in the best interests of the Authority. Neither the Secretary nor any person executing the Bonds shall be personally liable on the Bonds or be accountable by reason of his execution of any Bonds or the issuance thereof in accordance with the provisions of this act.

The proceeds of the Bonds of each issue shall be disbursed in such manner and under such restrictions, if any, as the Authority may provide in the resolution authorizing the issuance of such Bonds or in the trust agreement securing the same, subject to the provisions of this act.

Prior to the preparation of definitive Bonds, the Authority may, under like restrictions, issue interim receipts or temporary Bonds, with or without coupons, exchangable for definitive Bonds when such Bonds shall have been executed and are available for delivery. The Authority may also provide for the replacement of any Bonds which shall become lost, stolen, mutilated or destroyed. Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau or agency of the State, and without any other proceedings or the happening of any other conditions or things other than the proceedings, conditions or things which are specifically required by this act.

Any Bonds issued under the provisions of this act may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the resolution providing for the issuance of such Bonds may pledge and assign Revenues which the Authority's right then exists or may thereafter come into existence, and the moneys derived therefrom, and the proceeds of such Bonds, but shall not convey or mortgage any road, highway, bridge, tunnel, overpass, underpass, interchange, entrance plaza, exit or approach constituting a portion of a Turnpike. Such trust agreement or resolution providing for the issuance of such Bonds may contain such provisions for protecting and enforcing the rights and remedies of the holders of Bonds as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property and the construction, reconstruction, improvement, extension, alteration, modernization, repair, operation and maintenance of Transportation Facilities, the charges, fares, fees, rates, rentals and tolls to be imposed, the payment, security or redemption of Bonds, and the custody, safeguarding and application of all moneys, and provisions for the employment of Persons in connection with the undertaking, maintenance or operation of such Transportation Facilities.

Any such trust agreement or resolution may set forth the rights and remedies of the holders of Bonds and of the trustee, and may restrict the individual rights of action by holders of Bonds. In addition to the foregoing, any such trust agreement or resolution may

contain such other provisions as the Authority may deem reasonable and proper for the security of the holders of Bonds, subject to the provisions of this act. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as a part of the cost of the operation of a Transportation Facility.

It shall be lawful for any bank or trust company incorporated under the laws of the State which may act as depository of the proceeds of Bonds or of Revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority.

This section is intended and shall be construed to authorize the Authority to finance any Transportation Facility or any combination of Transportation Facilities by any combination of issues or series of Bonds which may be secured by the pledge of Revenues derived from any Transportation Facility or Facilities or combination of such Facilities designated by the resolution authorizing the issuance of such Bonds or by any trust agreement securing such Bonds.

Section 1312. Authorized Projects of the Authority.

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:

(a) reconstructing and improving the Delaware Turnpike;

(b) constructing and reconstructing the following highways by the Division of Highways:

1) 1-95, Viaduct Widening and Christina Interchange

2) Wilmington Boulevard, Interstate Portion

3) Wilmington Boulevard, Urban Portion

4) 1-495, Christina River to Edgemoor Bridge

5) 1-95, 295, 495 Safety and Completion Projects

6) 1-495, Manor Avenue Pedestrian Crossing

7) 1-495, Twelfth Street Interchange

8) 1-495, Terminal Avenue Interchange

9) 1-495, Additional Exit Between 12th Street and Intersection of 1-95, 1-495

10) Twelfth Street, Wilmington

II) Edgemoor Bridges

12) Naaman's Road, U.S. 13 to U.S. 202

13) Harvey Road, 1-95 to Philadelphia Pike

14) Marsh Road, 1-95 to Wilson Road

15) Concord Pike, Augustine Cut-Off to Pennsylvania Line

16) Airport Road

17) Route 7, Stanton to U.S. 13

18) Christiana Bypass, Rts. 7 to 273

19) Rt. 273, Newark through Ogletown

20) Rt. 896, U.S. 40 to Rt. 4

(21) Otts Chapel Road, 1-95 to U.S. 40

The proceeds of Bonds issued to finance the cost of the above highways to be constructed or reconstructed by the Division of Highways shall be transferred periodically to a special fund of the State to meet the costs of such construction or reconstruction. No Bonds other than Bonds for the above Transportation Facilities, except refunding Bonds, shall be issued by the Authority without the express approval of the General Assembly.

Section 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 Department of Transportation, by the following laws, for the following projects and in the following amounts:

Volume and chapter Project Account Code Amount

60-271

55-05-000-76-80

$ 1,800,000

60-271

55-05-000-76-81

1,100,000

60-691

55-05-000-77-80

3,202,000

61-376

55-05-000-78-80

1,498,000

61-376

55-05-000-78-81

80,000

61-408

55-05-000-79-80

3,547,000

61-408

55-05-000-79-81

315,000

 

TOTAL

542 000

$ I I) t

Such projects, described in subparagraph (b) of the next preceding section, are hereby transferred to the Authority. Such transfer shall be effective on the date the Authority issues Bonds to finance such Transportation Facilities. The proceeds of such Bonds shall be deposited, from time to time, in a special fund of the State and applied to the purposes for which such Bonds are issued in order to meet payments due under executed contracts for such Projects. The Division of Highways shall continue to supervise construction and to maintain and operate such projects. It is the intention of the General Assembly that the Authority issue Bonds within a reasonable period after the adoption of this act in order to permit the uninterrupted pace of construction of such projects.

Section 1314. Authorization of State Highway Projects.

(a) In order to assist the program of highway construction and reconstruction authorized in the foregoing two sections of this act and in connection with the construction and reconstruction of the State's unified transportation system, the State hereby authorizes the issuance of $9,145,000 bonds by the State to which the State pledges its full faith and credit. Bonds authorized to be issued by this subsection shall mature not later than twenty (20) years from their date of issuance. The proceeds of such bonds are hereby appropriated to the Department of Transportation for the purposes and in the amounts as set forth in the Capital Projects Schedule attached hereto and made a part hereof.

(b) In addition to such bonds, and in order to further assist such program of highway construction and reconstruction, the State hereby authorizes the issuance of 52,397,000 bonds by the State to which the State pledges its full faith and credit. Bonds authorized to be issued by this subsection shall mature not later than ten (10) years from their date of issuance. The proceeds of such bonds are hereby appropriated to the Department of Transportation for the following purposes and in the amounts as set forth in the Capital Projects Schedule attached hereto and made a part hereof;

(e) Bonds issued pursuant to this section shall be issued by the State pursuant to 29 Del. Laws, c. 69, as amended, (Title 29, Section 74, Del. Code, as amended).

Section 1315. Credit of State Not Pledged to Authority Bonds.

Bonds issued by the Authority under the provisions of this act 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 subdivision, but such Bonds, unless refunded by Bonds of the Authority authorized by this act, shall be payable solely from funds and property pledged, assigned or available for their payment as specifically authorized in the resolution authorizing such Bonds or in the trust indenture securing such Bonds. All Bonds shall contain on the face thereof a statement to the effect that the Authority is obligated to pay such Bonds and the interest- thereon only from Revenues or other specifically pledged property, and that neither the State nor any political subdivision thereof is obligated to pay the Bonds or the interest thereon and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on such Bonds.

All expenses incurred in carrying out the provisions of this act, other than for the issuance of general obligation bonds by the State, shall be payable solely from funds provided under this act and nothing in this act shall be construed to authorize the Authority to incur indebtedness or any liability on behalf of or payable by the State or any political subdivision thereof.

Section 1316. Bonds as Legal Investments; Legal Deposit.

Bonds issued pursuant to this act arc securities in which all State officers and officers of political subdivision, administrative departments, boards and commissions of the State, all banks, bankers, savings banks and institutions, building and loan associations, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital, belonging to them or within their control.

Such Bonds arc obligations which may properly and legally be deposited with and received by any officer of the State, or of any political subdivision or agency of the State, for any purpose for which the deposit of bonds or other obligations of the State is now, or may hereafter be, authorized by law.

Section 1317. Revenues as Trust Funds; Pledge of Revenues.

All moneys received pursuant to this act, whether as proceeds from the sale of Bonds, from grants or other contributions or other Revenues, shall be trust funds, to be held and applied solely as provided in this act. A resolution authorizing the issuance of Bonds and/or the execution and delivery of a trust agreement securing such Bonds shall provide that any officer with whom or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof subject to such regulations as this act and such resolution or trust agreement may provide.

Any pledge of tolls or other Revenues or other moneys made by the Authority shall be valid and binding from the time when the pledge is made; the tolls or other Revenues or other moneys so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded, however, copies of such resolution or trust agreement shall be retained by the Authority.

Section 1318. Certain Contract with Bondholders.

The State hereby pledges to and agrees with the holders of Bonds issued pursuant to this act, that the State will not limit or restrict the rights granted to the Authority by this act to construct, reconstruct, improve, extend, alter, modernize, repair, operate and maintain any Transportation Facilities, or to establish and collect such charges, fares, fees, rates, rentals and tolls as may be convenient or necessary to produce sufficient Revenue to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of Bonds authorized by this act or in any way impair the rights or remedies of the holders of such Bonds until the principal of, premium, if any, and interest on such Bonds are fully paid and discharged.

Section 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, and their transfer, shall be exempt from taxation by the State and its political subdivisions, except for estate, inheritance or gift taxes. The Authority may elect to issue Bonds the interest on which is subject to federal income taxation.

Any real or personal property of the Authority and all Revenues of the Authority shall be exempt from any and all taxation by the State or any political subdivision thereof for any purpose.

Section 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 of the State and the rules and regulations established by the Authority and governing the use of the Delaware Turnpike.

(c) Any operator of a vehicle using the Delaware Turnpike who refuses to pay the toll prescribed by the Authority, or who evades or attempts to evade payment of the toll prescribed by the Authority, may be arrested without a warrant. The fine for such offense shall be not less than 810 and not more than $100 in addition to costs.

(d) The Authority may incorporate in the Delaware Turnpike as an integral part thereof any existing state highway or bridge or any partially completed state highway or bridge which it may deem necessary, provided that such incorporation shall not impair the right of the Authority to Impose tolls on the Delaware Turnpike.

(e) If any property other than money which has been abandoned, mislaid or lost on the premises of the Delaware Turnpike comes into the possession of the Authority and remains unclaimed in the possession of the Authority for a period of 120 days, the Authority may sell the property at public auction after notice of such sale has been published for three successive weeks in a newspaper with- general circulation in the county where such property was recovered. The net proceeds of sale, after deducting the cost of storage and the expenses of the sale, and all money unclaimed for such 120 day period, shall be paid into and become the property of the Authority. If, in the opinion of the Authority, any property so abandoned, mislaid or lost, which comes into the possession of the Authority and remains unclaimed in its possession for a period of 120 days, is of value of $10 or less, the Authority may donate the same to a charitable organization without offering such property for sale.

(f) A budget for each fiscal year of the Authority shall be prepared by the Authority and submitted to the General Assembly at the same time the State prepares and submits its annual budget appropriation bill to the General Assembly. The annual budget shall show,- among other things, the Operating Expenses of the Authority for each administration and Subsidiary, and the estimated amount required to be deposited in various funds created by any resolution pursuant to which Bonds have been issued or any trust indenture securing such Bonds, including but not limited to an operating fund. The budget shall be approved by the General Assembly before its adoption by the Authority.

In approving the budget of the Authority, the General Assembly shall not:

approve an amount for Operating Expenses of the Delaware Turnpike less than the amount actually incurred as Operating Expenses for the Delaware Turnpike in the last prior fiscal year of the Authority, plus an inflation factor equal to the U.S. Consumer Price Index (CPI) or successor indices, annualized at November of the year prior to the year for which such budget is prepared, unless the budget prepared by the Authority requests a lesser amount.

(2) approve an amount for application to pay debt service on Bonds and an amount to meet any debt service reserve fund requirement less than the amounts required, by any resolution of the Authority pursuant to which Bonds of the Authority are issued or pursuant to a trust indenture pursuant to which Bonds are secured, to pay debt service on Bonds and to meet any debt service reserve requirements.

If the General Assembly does not approve the budget of the Authority prior to July I for the year such budget is submitted, the budget, as submitted to the General Assembly, shall be adopted by the Authority until such time as a budget is approved by the General Assembly. Any obligations incurred by the Authority pursuant to an adopted budget shall be binding.

(g) The State or the Authority shall neither make nor authorize any appropriation or expenditure of money that would impair the right or power of the Authority to impose tolls on the Delaware Turnpike.

(a) The Authority shall operate only one facility for the collection of tolls for use of the Delaware Turnpike which shall be located on the Delaware Turnpike at or near the boundary between the State of Maryland.

(a) The Authority shall, upon request, furnish a user of the Delaware Turnpike a receipt showing the amount of the toll paid, the classification of the vehicle, the date the toll was paid and the name of the Authority.

Section 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 condemnation, without the consent of the Authority.

Section 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 roads and other real property already devoted to public use, at the written

request of the Authority, upon such terms and conditions as such political subdivision, agency, department or commission may deem reasonable and fair, without the necessity for any advertisement, court order, or other action other than the adoption of a resolution of such agency, department or commission, or, in the case of a political subdivision, the adoption of an ordinance or resolution.

Notwithstanding the foregoing, no facilities of the Port of Wilmington, the Sussex County Airport, the Greater Wilmington Airport or the Wilmington Parking Authority may be leased, granted or conveyed to the Authority unless specifically authorized by an act of the General Assembly.

Section 1323. Audit of Books.

The Authority shall cause an audit of its books and accounts to be made annually by a certified public accountant licensed to practice in the State. The Authority may require the Turnpike Administration, the Aeronautics Administration and any Subsidiaries to maintain a separate set of books and accounts, which books and accounts shall be audited annually by a certified public accountant licensed to practice in the State. Copies of such audits shall be furnished to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate of the General Assembly, the Auditor of Accounts, the Controller General, the Secretary and the Director. The Auditor of Accounts may also audit the books and accounts of the Authority, its administrations and Subsidiaries.

Section 1324. Damage to Private Property.

All private property damaged or destroyed in the exercise by the Authority of the powers granted by this act shall either be restored or repaired and placed in its condition prior to such damage or destruction, as nearly as practicable, or adequate compensation made therefor, as determined solely by the Authority from funds available to the Authority.

Section 1325. Employees of Authority and Subsidiaries.

Persons holding the following positions shall be exempt from Chapter 59, Title 29, Del. Code, as amended.

(I) The Director;

(2) The administrators of all administrations;

(3) All employees of any public or specialized transportation administration or of any Subsidiary created pursuant to this act. Such employees shall not be considered State employees for purposes of wages, salaries, fringe benefits (including all provisions of Part V of Title 29, Delaware Code) or for purposes of any other benefits which may accrue to State employees whether exempt or merit employees, including benefits that may accrue under the provisions of Executive Order No. 36 dated November 23, 1977.

Section 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 to inform the public of the name of such highway.

Section 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 the provisions of Section 2905, Chapter 29, Title 6, Del. Code, as amended.

Section 1328. Application of the State Freedom of Information Act.

The Authority, its administrations and its subsidiaries shall be subject to all applicable provisions of the State Freedom of Information Act, Chapter 100, Title 29, Delaware Code.

Section 3. Amend §8409, Chapter 84, Title 29 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new $8409 to read as follows:

§8409. Council on Transportation

(a) There is hereby established a "Council on Transportation."

(b) The Council shall serve in an advisory capacity, except as otherwise provided, to the Secretary, the Director of Highways, to the Director of Transportation Authority, and the Governor, and shall:

(1) Consider matters relating to transportation in the State and other matters such as the budget and capital improvement program which may be referred to it by the Governor or the Secretary of the Department;

(2) Study, research, plan and advise on matters it deems appropriate to enable the Department to function in the best possible manner,

(3) Have final approval of and adopt the six year Highway Improvement Program which shall be submitted annually to the Council by the Department;

(i) On or before July 30 of each year, the Council shall review the updated Six Year Department Capital Improvements Program prepared by the Department of Transportation, established in 59114, Chapter 91, Title 29, of the Del. Code, as amended. On or before September 15 of each year, the Council shall publish notices in a newspaper of general circulation in each county. The notices shall specify dates on which public meetings will be held, one in each county. The notices shall specify dates on which public meetings will be held, one in each county, by the Council at which time the program will be reviewed and publicly explained and objections or comments may be made by any individual or group. Following the public meetings, the Council may make priority changes to the proposed Six Year Department Capital Improvements Program in an open meeting by documenting the reasons and justifications for changes and adopt the program. The adopted program shall be submitted to the Office of Management, Budget and Planning and members of the General Assembly on/or before October 15 of each year for inclusion in the State Capital Improvements Program for the following fiscal year.

(ii) The Six Year Department Capital Improvements Program as recommended by the Office of Management, Budget and Planning shall set forth estimated expenditures by project and/or program for engineering, rights-of-way and construction. The program shall include detailed information by project as to location, description and the reasons for the projects assigned priority.

(4) Have final approval of and adopt all corridor route projects in connection with new road alignments, which project shall be submitted to the Council by the Department;

(5) Have final approval on matters relating to Highway Priority Planning as set forth in Section 9114, Subchapter 1, Chapter 9, Title 29 Del. Code, as amended.

(6) Review and comment on the issuance, suspension, revocation or reinstatement of all certificates of public convenience and necessity issued pursuant to Chapter 18, Title 2, Del. Code, as amended.

(c) The Council shall adopt all motions and approve all projects only by a majority vote of the entire membership of the Council. All voting shall be done in person and at regular or special meetings of the Council. if the Council for any reason, shall fail to approve and adopt in writing within a reasonable period of time after receipt of the programs or projects referred to it, the Secretary of the Department may, with the approval of the Governor, upon 40 days prior written notice to the Chairperson of the Council, give final approval to said programs or projects notwithstanding the absence of the Council's written comments or approval.

(d) The initial membership of the Council shall consist of the appointed members of the Council on Transportation existing prior to the effective date of this Act.

(e) The Governor shall appoint the members of the Council, two who shall be persons who reside in New Castle County outside the City of Wilmington, two who shall be persons who reside in Kent County and two who shall be persons who reside in Sussex County. A Chairperson of the Council shall be appointed by the Governor from the membership of the Council to serve at his pleasure.

(f) No person shall be eligible for appointment to the Council on Transportation who is a director, officer or employee of any public carrier, as defined by Chapter 18, Title 2, Del. Code, as amended, or who owns or directly or indirectly controls more than one percent (1%) of the stock of any public carrier.

(g) No member of the Council shall hold any office or position or be engaged in any business, employment or vocation, the duties of which are incompatible with the duties of their membership on the Council.

(h) Members of the council on Transportation existing prior to this Act shall be permitted to complete the existing term of their membership pursuant to the foregoing, but shall not be considered appointed members for purposes of subsection (j) of this Section. As the terms of the members of the Council expire, the Council shall be reduced to nine members, and shalt remain at nine thereafter.

(i) After the membership is reduced to nine, no more than five members shall be of one political party, provided however that failing or declining to announce one's political affiliations shall not make such person ineligible for appointment.

(j) Appointments made after the effective date of this Act shall be for three years, provided however, that after such time as the number of members of the Council has been reduced to nine, members shall continue to serve until such time as the Governor appoints a replacement.

(k) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(I) Removal of members.

(I) Failure to attend three consecutive regular meetings of the Council shall be construed as a request by that member to resign from the Council and a replacement may thereafter be appointed in his stead.

(2) Members may be removed only for just cause, except as otherwise provided herein. Prior to removal, members shall be entitled to notice of the reason for removal and shall be entitled to a hearing before the Governor or his designee.

(m) Any replacement appointment to the council to fill a vacancy prior to the expiration of the terms shall be filled for the remainder of the term.

Section 9. §8907 and §8908, Chapter 89, Title 29 of the Delaware Code are hereby repealed.

Section 5. Insofar as the provisions of this act are inconsistent with the provisions of any general, special or local laws, or parts thereof, the provisions of this act shall be controlling.

Section 6. If any section, part, phrase, or provision of this act or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision or application directly involved in the controversy in which such Judgment shall have been rendered and shall not affect or impair the validity of the remainder of this act or the application thereof.

Section 7. This act, being necessary for the prosperity and welfare of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.

Section 8. The provisions of any laws repealed by this act that constitute covenants with holders of outstanding bonds of the Delaware Transportation Authority or any trustee for such bondholders, shall with respect to such bondholders and trustee, survive the adoption of this act until such bonds are paid or provisions for their payment has been made pursuant to the resolution authorizing the issuance of such bonds and/or the trust indenture securing such bonds.

 

CAPITAL PROJECTS SCHEDULE

 

Major Capital

Minor Capital

 

Projects Improvements (1)

Improvements (2)

Total

Statewide Bridges $ 287,000

-0-

$ 287,000

Statewide Safety

     

Projects

470,000

-0-

470,000

Lewes-Rehoboth Canal-

     

Savannah Road Br.

1,125,000

-0-

1,125,000

Route 8 - Pearson

     

Corner to Dover

438,000

-0-

438,000

US 113 - Little Heaven to

     

South of Air Base

462,000

-0-

462,000

SR 41 - SR 2 to

     

Milltown Road

28,000

-0-

28,000

Saulsbury Road - Walker Road to Denny's Rd

80,000

-0-

80,000

US 40 - Maryland Line to

     

US 13

500,000

-0-

500,000

DuPont Road, Eismere

1,550,000

-0-

1,550,000

Chapman Road

100,000

-0-

100,000

Valley Road

325,000

-0-

325,000

US 13 - Smyrna to

     

Odessa

900,000

-0-

900,000

Airport Road (CR 340)

380,000

-0-

380,000

Route 4 - SR 2 to SR 7

2,500,000

-0-

2,500,000

Engineering and Contingencies

-0-

1,397,000

1,397,000

Heavy Equipment

-0-

500,000

500,000

Dirt Roads

-0-

500,000

500,000

TOTAL $ 9,145,000

$ 2,397,000

$ 11,542,000

(1) To be financed with bonds not to exceed twenty (20) years in maturity.

(2) To be financed with bonds not to exceed ten (10) years in maturity.

Approved July 12, 1979.