reglab/housing_qa huggingface dataset:
22 DE Code § 502. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 502. Definitions.

§ 502. Definitions. As used in this chapter, unless the context requires a different meaning:  (1) “Authority” means a body politic and corporate created pursuant to this chapter. (2) “Board” means the governing body of the authority. (3) “Bonds” means and includes the notes, bonds and other evidence of indebtedness or obligations which the authority is authorized to issue pursuant to § 504 of this title. (4) “Business owner” means any individual, general partner or owner of 50% or more of the voting stock of a corporation which has a business location within the city and which has a business license under the city business license ordinance or has a state business license in cities without licensing ordinance which lists the location of said business within the city. (5) “City” means incorporated city or town. (6) “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. (7) “Facility” or “facilities” means lot or lots, buildings and structures above, at or below the surface of the earth, including equipment, entrances, exits, fencing and all other accessories necessary or desirable for the safety and convenience of the parking of vehicles. (8) “Federal agency” means and includes the United States of America, the President of the United States of America and any department or corporation agency or instrumentality heretofore or hereafter created, designated or established by the United States of America. (9) “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. (10) “Municipality” means any county, incorporated city or incorporated town of this State. (11) “Persons” means and includes natural persons. (12) “Project” means any structure, facility or undertaking which the authority is authorized to acquire, construct, improve, maintain or operate under this chapter.48 Del. Laws, c. 369, §  3;  22 Del. C. 1953, §  502;  68 Del. Laws, c. 273, §  1;
22 DE Code § 509. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 509. Moneys; examination of accounts.

§ 509. Moneys; examination of accounts. All moneys of any authority, from whatever source derived, shall be paid to the treasurer of the authority. The moneys shall be deposited in the first instance by the treasurer in 1 or more banks or trust companies in 1 or more special accounts. The moneys in the accounts shall be paid out on the warrant or other order of the chairperson of the authority or of such other person or persons as the authority may authorize to execute such warrants or orders. Every authority shall have at least an annual examination of its books, accounts and records by a certified public accountant. A copy of such audit shall be delivered to the city creating the authority. A concise financial statement shall be published annually at least once in a newspaper of general circulation in the city where the principal office of the authority is located. If such publication is not made by the authority, the city shall publish such statement at the expense of the authority. If the authority fails to make such an audit, then the auditor or accountant designated by the city may, from time to time, examine, at the expense of the authority, the accounts and books of the authority, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters relating to its finances, operation and affairs. The Attorney General of the State may examine the books, accounts and records of any authority. 48 Del. Laws, c. 369, §  10;  22 Del. C. 1953, §  509;  70 Del. Laws, c. 186, §  1;
22 DE Code § 510. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 510. Contracts; competitive bidding.

§ 510. Contracts; competitive bidding. (a) The procurement of material and the award of contracts for construction, repairs or work of any nature made by any authority shall be subject to Chapter 69 of Title 29. (b) No member of the Board of the Wilmington Parking Authority shall be entitled to vote on any matter before the Board if such member has a direct or indirect financial interest in the outcome of such matter under review. In the event such a financial interest exists, said member shall disclose to the Board the nature of the interest and said member shall refrain from any discussion, deliberation, action and/or vote by the Board on this matter. In situations in which a member or members do not vote by reason of such financial interest, the matter pending before the Board will be decided on the basis of a majority vote of the remaining members present who do not have a financial interest in the matter. A member or members having a financial interest as set forth herein shall be counted for purposes of establishing a quorum, provided such member or members are present at the meeting. The disqualification of a member from voting on a matter before the Board by reason of a financial interest therein shall not affect the validity of any action taken by the Board relative to the matter before it. (c) Subsection (a) of this section shall not apply to the construction of parking facilities intended to serve and be an integral part of a redevelopment project in any municipality where the municipality or its redevelopment agency has designated or selected a developer who is responsible for the overall development of the project including parking facilities. In such case, the authority may negotiate with the developer for the construction and design of public parking facilities on such terms and conditions as the authority may deem justified and in the public interest. 48 Del. Laws, c. 369, §  11;  22 Del. C. 1953, §  510;  57 Del. Laws, c. 625, §  5;  58 Del. Laws, c. 219;  68 Del. Laws, c. 401, §  1;
22 DE Code § 511. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 511. Rules and regulations.

§ 511. Rules and regulations. The use of the facilities of the authority and the operation of its business shall be subject to the rules and regulations from time to time adopted by the authority. The authority shall not do anything which will impair the security of the holders of the obligations of the authority or violate any agreements with them or for their benefits. 48 Del. Laws, c. 369, §  12;  22 Del. C. 1953, §  511;
22 DE Code § 512. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 512. Continuation of powers.

§ 512. Continuation of powers. The State hereby pledges to and agrees with any person, firm or corporation or federal agency subscribing to or acquiring the bonds to be issued by the authority for the construction, extension, improvement or enlargement of any project or part thereof that the State will not limit or alter the rights vested in the authority until all bonds at any time issued, together with the interest thereon, are fully met and discharged. The State further pledges to and agrees with the United States and any other federal agency that, if any federal agency constructs or contributes any funds for the construction, extension, improvement or enlargement of any project or any portion thereof, the State will not alter or limit the rights and powers of the authority in any manner which would be inconsistent with the continued maintenance and operation of the project or the improvement thereof or which would be inconsistent with the due performance of any agreements between the authority and any such federal agency, and the authority shall continue to have and may exercise all powers granted in this chapter, so long as the same shall be necessary or desirable, for the carrying out of the purposes of this chapter and the purposes of the United States in the construction or improvement or enlargement of the project or such portion thereof. 48 Del. Laws, c. 369, §  13;  22 Del. C. 1953, §  512;
22 DE Code § 513. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 513. Termination of authority.

§ 513. Termination of authority. When any authority shall have finally paid and discharged all bonds, which, together with the interest due thereon, shall have been secured by a pledge of any of the revenues or receipts of a project, it may, subject to any agreements concerning the operation or disposition of such projects, convey such project to the city creating the authority. When any authority shall have finally paid and discharged all bonds issued and outstanding and the interest due thereon and settled all other claims which may be outstanding against it, it may convey all its property to the city and terminate its existence. A certificate requesting termination of the existence of the authority shall be filed in the office of the Secretary of State. If the certificate is approved by the city creating the authority by its ordinance or ordinances, the Secretary shall note the termination of existence on the record of incorporation and return the certificate with the Secretary's approval shown thereon to the board, which shall cause the same to be recorded in the office of the recorder of deeds of the county. Thereupon, the property of the authority shall pass to the city and the authority shall cease to exist. 48 Del. Laws, c. 369, §  14;  22 Del. C. 1953, §  513;  70 Del. Laws, c. 186, §  1;
22 DE Code § 514. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 514. Exemption from taxation; payments in lieu of taxes.

§ 514. Exemption from taxation; payments in lieu of taxes. The effectuation of the authorized purposes of the authorities created under this chapter shall and will be in all respects for the benefit of the residents of incorporated cities for the increase of their commerce and prosperity, since such authorities will be performing essential governmental functions, and for the improvement of their health, safety and living conditions, and, in effectuating such purposes, such authorities shall not be required to pay any taxes or assessments upon any property acquired or used by them for such purposes. In lieu of such taxes or special assessments an authority may agree to make payments to the city or the county or any political subdivision. The bonds issued by any authority, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from taxation within this State. 48 Del. Laws, c. 369, §  15;  22 Del. C. 1953, §  514;
22 DE Code § 515. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 515. Transfer of existing facilities to authority.

§ 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. (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;
22 DE Code § 516. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 5. Parking Authorities|§ 516. Indemnification.

§ 516. Indemnification. (a) The Wilmington Parking Authority shall indemnify any member who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that the person is or was a member of the Authority, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such member in connection with such action, suit or proceeding, if said member acted in good faith and in a manner reasonably believe to be in or not opposed to the best interests of the Authority, and with respect to any criminal proceeding or action, the member had no reasonable cause to believe that the action was unlawful. (b) Any indemnification under this section shall be made only as authorized in the specific case upon a determination that indemnification of the member is proper under the circumstances because the member has met the applicable standard of conduct as set forth in subsection (a) of this section. Such a determination will be made by the Attorney General or the Attorney General's designee within 15 days of the date of receipt of a request for such a determination. Such request shall be filed by the member affected and shall set forth in detail the circumstances supporting the claim for indemnification. In the event the Attorney General fails to make the determination within the time frame specified, the requested indemnification shall be deemed as granted. (c) Expenses (including attorneys' fees) incurred by a member in defending any civil, criminal, administrative or investigative action, suit or proceeding may be paid by the Authority in advance of the final disposition of such action, suit or proceeding, upon receipt of an undertaking by or on behalf of such member to repay such amount if it shall ultimately be determined that such member is not entitled to be indemnified by the Authority as authorized by this section. (d) No payment shall be made pursuant to the provisions of this section unless the member seeking such payment shall agree that the State be subrogated, to the extent of any payment, to all rights of recovery of such member, shall agree to execute all papers required and shall do everything that may be necessary to secure such rights including the execution of such documents necessary to enable the State effectively to bring suit in the name of the State. 68 Del. Laws, c. 401, §  2;  70 Del. Laws, c. 186, §  1;
22 DE Code § 701. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 7. Planning Commission|§ 701. Establishment; membership.

§ 701. Establishment; membership. Any incorporated city or town may at any time establish a planning commission under this chapter. A planning commission established hereunder shall consist of not less than 5 nor more than 9 members. Such members shall in cities be appointed by the mayor, subject to confirmation by the city council, and in towns where there is not a mayor shall be elected by the town commissioners. When a planning commission is first established the members thereof shall be appointed or elected for terms of such length and shall be so arranged that the term of at least 1 member shall expire each year and their successor shall be appointed or elected for terms of 2 to 5 years each. Any member of the planning commission so established in a city may be removed for cause after a public hearing by the mayor with the approval of city council; members of the planning commission elected by town commissioners shall be removed by them for cause after a public hearing by a majority vote. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term in a city in the same manner as an original appointment and in a town by the town commissioners. Such a planning commission shall elect annually a chairperson and a secretary from among its own number and may employ experts, clerical and other assistants. It may appoint a custodian of its plan and records who may be the city engineer or town clerk. 22 Del. C. 1953, §  701;  49 Del. Laws, c. 415, §  1;  59 Del. Laws, c. 463, §  1;  70 Del. Laws, c. 186, §  1;
22 DE Code § 703. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 7. Planning Commission|§ 703. General studies and reports.

§ 703. General studies and reports. The planning commission shall have full power and authority to make such investigations, maps and reports of the resources, possibilities and needs of the city or town as it deems desirable, providing the total expenditures of said commission shall not exceed the appropriation for its expenses. Upon completion of any such reports the planning commission shall submit the same to the city council or town commissioners with its recommendations. It shall report annually to the city council or town commissioners on the activities of the planning commission during the preceding year. 22 Del. C. 1953, §  703;  49 Del. Laws, c. 415, §  1;
22 DE Code § 704. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 7. Planning Commission|§ 704. Adoption of official map.

§ 704. Adoption of official map. Each incorporated city or town established under this title may, by action of its city council or town commissioners, adopt an official map prepared under the direction of such planning commission and showing the public ways and parks therein as theretofore laid out and established by law and the private ways then existing and used in common by more than 2 owners. Such official map is hereby declared to be established to conserve and promote the public health, safety and general welfare. Upon the adoption of such a map and upon any change therein or addition thereto made, as hereinafter provided, the city or town clerk shall forthwith file with the recorder of deeds in the respective counties a certificate of such action and a copy of such map as adopted or as changed or added to. 22 Del. C. 1953, §  704;  49 Del. Laws, c. 415, §  1;
22 DE Code § 705. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 7. Planning Commission|§ 705. Change of or addition to official map.

§ 705. Change of or addition to official map. An incorporated city or town so adopting an official map by action of its city council or town commissioners may, whenever and as often as it may deem it for the public interest, change or add to such map, so as to place thereon lines and notations showing existing or proposed locations not theretofore mapped of new or widened public ways and new or enlarged parks and proposed discontinuances in whole or in part of existing or mapped public ways and parks. No such change or addition shall become effective until after a public hearing in relation thereto before the city council or town commissioners, at which parties in interest shall have an opportunity to be heard. At least 10 days' notice of such a public hearing shall be given by advertisement in a newspaper of general circulation in the city or town or in the county in which the city or town is located. No such change or addition which has not been previously recommended by the planning commission established by this chapter shall be adopted until after a report thereon by said commission and no variance from a plan prepared or approved by said planning commission shall be made except by a 2/3 vote of all the members of a city council or by a 2/3 vote of the town commissioners; provided, that the last mentioned requirement shall be deemed to be waived in case the matter has been referred to said commission for a report and it has failed to report within 30 days thereafter. 22 Del. C. 1953, §  705;  49 Del. Laws, c. 415, §  1;
22 DE Code § 706. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 7. Planning Commission|§ 706. Establishing or changing public ways and parks.

§ 706. Establishing or changing public ways and parks. This chapter shall not abridge the powers of the city council or the town commissioners of any town or any other municipal officer in regard to public ways or parks in any manner except as provided herein, nor shall they authorize the taking of land or the laying out or construction of a way or a park or the alteration, relocation or discontinuance thereof, except in accordance with the laws governing the same; provided, that after an incorporated city and/or town has adopted an official map under this chapter no public way shall be laid out, altered, relocated or discontinued if such laying out, alteration, relocation or discontinuance is not in accordance with such official map as it then appears, unless the proposed laying out, alteration, relocation or discontinuance has been referred to the planning commission of such city or town established under this chapter and such planning commission has reported thereon or has allowed 45 days to elapse after such reference without submitting its report. After a city or town has adopted an official map under this chapter, no person shall open a way for public use, except as provided under the sections of this chapter, unless the location of such way is in accordance with the official map as it then appears or has been approved by the planning commission established under this chapter, and, in either case, the grading, surfacing and draining of such way have been approved by such commission or by the city or town engineer. 22 Del. C. 1953, §  706;  49 Del. Laws, c. 415, §  1;
22 DE Code § 707. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 7. Planning Commission|§ 707. Public way or park to be shown on official map.

§ 707. Public way or park to be shown on official map. Upon final action by the proper authorities in laying out, altering or relocating a proper way or in discontinuing the whole or any part thereof or in establishing or enlarging a public park or closing thereof in whole or in part, the lines and notations showing such improvement, discontinuance or closing, as so established or effected, shall, without further action by the city council or town commissioners, be made a part of the official map, if any, of the incorporated city or town in which such public way or park is located. 22 Del. C. 1953, §  707;  49 Del. Laws, c. 415, §  1;
22 DE Code § 708. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 7. Planning Commission|§ 708. Reference of certain matters to planning commission.

§ 708. Reference of certain matters to planning commission. In a city or town having a planning commission established under this chapter, but which has not adopted an official map, no public way shall be laid out, altered, relocated or discontinued unless the proposed laying out, alteration, relocation or discontinuance has been referred to the planning commission of such city or town and such commission has reported thereon or has allowed 45 days to elapse after such reference without submitting its report. Any city or town having a planning commission established under this chapter may, by ordinance, bylaw or vote, provide for the reference of any other matter or class of matters to the planning commission before final action thereon with or without provision that final action shall not be taken until the planning commission has submitted its report or has had a reasonable fixed time to submit such report. Such planning commission shall have full power to make such investigations, maps and reports and recommendations in connection therewith, relating to any of the subjects referred to under this section, as it deems desirable. 22 Del. C. 1953, §  708;  49 Del. Laws, c. 415, §  1;