Delaware Code Title 22 Sec. 515 – Transfer of existing facilities to authority
(a) Any municipality or owner may sell, lease, lend, grant or convey to any authority any project or any part or parts thereof or any interest in real or personal property which may be used by the authority in the construction, improvement, maintenance or operation of any project. Any municipality may transfer, assign and set over to any authority any contracts which may have been awarded by the municipality for the construction of projects not begun or, if begun, not completed. The territory being served by any project or the territory within which such project is authorized to render service at the time of the acquisition of such project by an authority shall constitute the area in which such authority shall be authorized to render service.
Terms Used In Delaware Code Title 22 Sec. 515
- Authority: means a body politic and corporate created pursuant to this chapter. See Delaware Code Title 22 Sec. 502
- City: means incorporated city or town. See Delaware Code Title 22 Sec. 502
- Construction: means and includes acquisition and construction, and "to construct" means and includes to acquire and to construct, all in such manner as may be deemed desirable. See Delaware Code Title 22 Sec. 502
- Improvement: means and includes extension, enlargement and improvement, and "to improve" means and includes to extend, to enlarge and to improve, all in such manner as may be deemed desirable. See Delaware Code Title 22 Sec. 502
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Municipality: means any county, incorporated city or incorporated town of this State. See Delaware Code Title 22 Sec. 502
- Personal property: All property that is not real property.
- Project: means any structure, facility or undertaking which the authority is authorized to acquire, construct, improve, maintain or operate under this chapter. See Delaware Code Title 22 Sec. 502
(b) The authority shall first report to and advise the city by which it was created of the agreement to acquire, including all its terms and conditions.
The proposed action of the authority and the proposed agreement to acquire shall be approved by the city council. Such approval shall be by 2/3 vote of all the members of the council.
(c) This section, without reference to any other law, shall be deemed complete for the acquisition by agreement of projects as defined in this chapter located wholly within or partially without the city causing such authority to be incorporated, any provisions of other laws to the contrary notwithstanding, and no proceedings or other action shall be required except as prescribed in this section.
48 Del. Laws, c. 369, § ?16; 22 Del. C. 1953, § ?515;