Delaware General Assembly

AN ACT TO AMEND CHAPTER 5, TITLE 22, DELAWARE CODE, RELATING TO PARKING AUTHORITIES BY CONFERRING UPON SUCH AUTHORITIES THE POWER TO LEASE THE RIGHT TO OCCUPY AND USE THE SPACE ABOVE ANY PARKING FACILITY FOR COMMERCIAL USES OTHER THAN PARKING AND BY CONFERRING UPON SUCH AUTHORITIES THE POWER TO CONTRACT WITH MUNICIPALITIES FOR USE OF SPACE ABOVE MUNICIPAL STREETS AND BY CONFERRING UPON SUCH AUTHORITIES LIMITED POWER TO TAKE BY EMINENT DOMAIN PROCEEDINGS PROPERTY ALREADY BEING USED FOR PARKING.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 504 (a), Title 22, Delaware Code, as heretofore amended, is further amended by repealing the second paragraph thereof and substituting in lieu of such paragraph, a new paragraph as follows:

The Authority shall not have the power to directly engage in the sale of gasoline, the sale of automobile accessories, automobile repair and service or any other garage service, other than the parking of vehicles, and the Authority shall not directly engage in the sale of any commodity of trade or commerce; provided, however, that the Authority shall have the power to lease space in any of its facilities for use by the lessee for the sale of gasoline, the sale of automobile accessories, automobile repair and service or any other garage service and to lease portions of any of its garage buildings or structures for commercial use by the lessee, where, in the opinion of the Authority, such leasing is necessary and feasible for the financing and operation of such facilities; and, provided further, where, in the opinion of the Authority, the space above any parking facility is not needed for parking, the Authority may lease the right to occupy and use the space above any parking facility for commercial uses other than parking, together with the right to use and occupy such space within the parking facility as may

be necessary for the purposes of access to and support of structures occupying the space above such parking facility. Any such lease shall be granted by the Authority to the highest and best bidder, upon terms specified by the Authority, after due public notice has been given, asking for competitive bids; provided, however, that if after such public notice no bid is received and/or the Authority rejects any bid or bids received, thereafter the Authority may negotiate any such lease or leases without further public notice but on a basis more favorable than that contained in any bid or bids rejected, if any. The phrase "due public notice," as used in this section, shall mean a notice published at least 10 days before the award of any such lease in a newspaper of general circulation published in a municipality where the Authority has its principal office, and if no newspaper is published therein, then by publication in a newspaper of general circulation in the County where the Authority has its principal office. The Authority may reject any or all bids if, in the opinion of the Authority, any such lease granted as a result of any such bid or bids would not be adequate or feasible for the financing and operation of such facilities.

Section 2. Section 504, Title 22, Delaware Code, as heretofore amended is further amended by adding thereto a new subsection entitled Section 504 (b) (17) as follows:

(17) To make contracts with municipalities concerning the use of the space above municipal streets, and sidewalks.

Section 3. Section 508, Title 22, Delaware Code, as heretofore amended is further amended by repealing the first paragraph thereof and substituting in lieu of such paragraph a new first paragraph as follows:

The Authority may acquire by purchase or eminent domain proceedings either the fee or such rights, title, interest or easement in such lands as the Authority deems necessary for any of the purposes mentioned in this chapter. The following shall not be taken under the right of eminent domain: property devoted to a public use; property of a public service company; property used for burial purposes; place of public worship; or property used as a facility or facilities for the parking

of motor vehicles, unless the total square footage to be utilized for the parking of motor vehicles in the total proposed project which the eminent domain proceedings concern (including square footage that may be provided on levels other than the ground level) shall be at least twice the total square footage being utilized at the time of taking for the parking of motor vehicles in the facility or facilities so taken. The right of eminent domain shall be exercised by the Authority in the manner provided by Chapter 61 of Title 10.