§ 2005. Exercise of Department’s powers.
§ 2005. Exercise of Department’s powers. For purposes of facilitating these projects and to assist the contracting parties in the financing, development, construction leasing, maintenance and operation of such projects, the agreements may include provisions for the Department to exercise any powers conferred upon it by law, including but not limited to the lease of […]
§ 2006. Authorization of tolls and user fees; limitations on toll and user fee revenues.
§ 2006. Authorization of tolls and user fees; limitations on toll and user fee revenues. (a) Authorization of tolls and user fees. — Each agreement may authorize the contracting party to impose tolls or user fees for use of the transportation system constructed and/or leased by it to allow a reasonable rate of return on […]
§ 2007. Reimbursement for services rendered by department or other State agencies.
§ 2007. Reimbursement for services rendered by department or other State agencies. (a) Police services. — Each project is deemed to be part of the State Transportation System. The Delaware State Police shall have primary jurisdiction over each project except with respect to all or any portion of a project located in a jurisdiction where […]
§ 2008. Liability coverage; indemnification.
§ 2008. Liability coverage; indemnification. Each agreement must require that liability insurance coverage of an amount appropriate to protect the project’s viability is secured and maintained by the contracting party. Each agreement may provide for State indemnification of the contracting party for design and construction liability where the State has approved relevant design and construction […]
§ 2009. Other agreement provisions.
§ 2009. Other agreement provisions. (a) Grant of rights to contracting party. — An agreement may include provisions authorizing the State to grant necessary easements and lease to a contracting party existing rights of way or rights of way subsequently acquired. An agreement may also include provisions to lease the airspace above or below the […]
§ 2010. Operation of toll facility.
§ 2010. Operation of toll facility. At the request of a contracting party operating a toll facility hereunder, the Department may adopt and enforce reasonable regulations consistent with State law which (i) set maximum and minimum speeds, (ii) exclude undesirable vehicles, cargoes, or materials from the use of the facility, (iii) establish high occupancy or […]
§ 2011. Plans and specifications.
§ 2011. Plans and specifications. The plans and specifications for each project constructed pursuant to this chapter shall comply with the Department’s standards for state projects and any applicable federal standards. Each project is deemed to be part of the state highway system for purposes of identification, maintenance standards, and enforcement of traffic laws and […]
§ 2012. Public-Private Initiatives Program Revolving Loan Fund.
§ 2012. Public-Private Initiatives Program Revolving Loan Fund. (a) Establishment of Fund. — There is hereby established a Public-Private Initiatives Program Revolving Loan Fund which shall be maintained and administered by the Department in accordance with the provisions of this chapter and such rules as the Department may from time to time prescribe. The Fund […]
§ 2001. Findings and declaration of policy.
§ 2001. Findings and declaration of policy. The General Assembly hereby finds and declares that: (a) It is essential for the economic, social and environmental well being of the State and the maintenance of a high quality of life that the citizens of the State have an efficient transportation system. (b) The State has limited […]
§ 2002. Definitions.
§ 2002. Definitions. As used in this chapter, unless the context indicates a different intent: (a) “Agreement” means an agreement entered into by the Secretary and one or more contracting parties for a project. (b) “Contracting party” means any individual, corporation, partnership, company, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated association, body politic, […]