Delaware-2011-SJR13-Draft

SPONSOR:	Sen. McDowell & Rep. D.P. Williams & Rep. Brady

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE JOINT RESOLUTION NO. 13

REQUIRING THE DEPARTMENT OF TRANSPORTATION TO REQUIRE THE INSPECTION OF THE RAILROAD TRESTLES OVER 18TH STREET AND CONCORD AVENUE IN WILMINGTON AND TO PURSUE ALL REMEDIES AVAILABLE THEREAFTER AS NECESSARY.

WHEREAS, the CSX Railroad's trestles over 18^th Street and Concord Avenue in the City of Wilmington are visually in a state of disrepair with evidence of considerable rust, graffiti, and peeling paint; and

WHEREAS, there has been a significant period of time during which no improvements or repairs have been made to these bridges; and

WHEREAS, there are immediate concerns of potential environmental and health hazards as a result of nearly thirty years of neglect; and

WHEREAS, both bridges should be inspected by a qualified third party to ascertain the structural soundness and safety of each; and

WHEREAS, members of the Ninth Ward Civic Association have been requesting the owner of the bridges, CSX, to make repairs since 2002; and

WHEREAS, pursuant to 17 Del.C. §529 of the Delaware Code, bridge owners are responsible for the cost of performing inspections and required to perform inspections every two years; and

WHEREAS, the safety of motorists, pedestrians, and residents of the state of Delaware is of the utmost importance; and

WHEREAS, pursuant to 17 Del.C. §529(b), the Department of Transportation is charged with placing the bridge owner on notice and requiring inspection reports within 60 days of such requests.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and House of Representatives of the 146^th General Assembly of the State of Delaware, with the approval of the Governor, that DELDOT is hereby directed to formally request from CSX, by no later than July 15^th, 2012, evidence of inspections compliant with 17 Del.C. §529 of the 18^th Street and Concord Avenue bridges.

BE IT FURTHER RESOLVED that if such reports are not provided within the required 60 days, the Department of Transportation is directed to perform the inspections pursuant to 14 Del.C. §529(b)(5)a., to charge such costs to CSX, and to close each bridge, if needed because of safety concerns.

BE IT FURTHER RESOLVED that DELDOT is hereby directed to pursue any and all means available to secure the repair of these bridges.