CHAPTER 232
AN ACT TO AUTHORIZE AND EMPOWER THE WILMINGTON PARKING AUTHORITY, A "PARKING AUTHORITY" CREATED BY "THE MAYOR AND COUNCIL OF WILMINGTON" PURSUANT TO THE PROVISIONS OF CHAPTER 369, VOLUME 48, LAWS OF DELAWARE, TO SURRENDER AND TRANSFER, GRANT AND CONVEY UNTO "THE MAYOR AND COUNCIL OF WILMINGTON", A MUNICIPAL CORPORATION, ALL OF ITS RIGHT, TITLE, AND INTEREST IN AND TO CERTAIN OF THE REAL PROPERTY SITUATE BETWEEN AND BOUNDED BY SEVENTH STREET, EIGHTH STREET, FRENCH STREET AND WALNUT STREET IN THE CITY OF WILMINGTON, COUNTY OF NEW CASTLE AND STATE OF DELAWARE.
WHEREAS, The One Hundred and Sixteenth Session of the General Assembly of The State of Delaware, by Chapter 369, Volume 48, Laws of Delaware authorized incorporated cities or towns of the State of Delaware to organize and incorporate a "Parking Authority" by the adoption of ordinance signifying its intention so to do; and
WHEREAS, "The Council" of "The Mayor and Council of Wilmington" passed an ordinance on July 19, A. D. 1951 which was approved by "The Mayor" on July 23, A. D. 1951, by which it authorized and directed the organization and incorporation of a body politic to be known as the Wilmington Parking Authority and to enjoy and exercise all the powers, privileges, and authorities set forth in the "Parking Authority Laws," Chapter 369, Volume 48, Laws of Delaware; and
WHEREAS, the said Wilmington Parking Authority is authorized by Section 5, Chapter 369, Volume 48, Laws of Delaware, to acquire, purchase and hold real property necessary or desirable for carrying out the purpose of the said Authority; and
WHEREAS, the said Wilmington Parking Authority, acting pursuant to the authority conferred by Section 5, Chapter 369, Volume 48, Laws of Delaware, has, with moneys advanced
by "The Mayor and Council of Wilmington", purchased and now holds legal title to the real property situate between and bounded by Seventh Street, Eighth Street, French Street and Walnut Street in the City of Wilmington, County of New Castle and State of Delaware; and
WHEREAS, The One Hundred and Nineteenth Session of the General Assembly of the State of Delaware, by Section 1, of Chapter 161, Volume 52, Laws of Delaware, being an Act entitled, "An Act To Amend Chapter 135, Volume 29, Laws of Delaware, Entitled 'An Act To Revise and Consolidate The Statutes Relating To Curbstone Markets In The City of Wilmington,' By Providing For A Building To Be Known As The Farmers and Truckers' Market" authorized "The Mayor and Council of Wilmington," a municipal corporation of the State of Delaware, to establish, build and place a building situate between and bounded by Seventh Street, Eighth Street, French Street and Walnut Street in the City of Wilmington, County of New Castle and State of Delaware to be used in part as a public market; and
WHEREAS, "The Mayor and Council of Wilmington," a municipal corporation of the State of Delaware, has advanced large sums of money to the said, Wilmington Parking Authority to be used by the said Wilmington Parking Authority in the purchase and acquisition of the real property situate between and bounded by Seventh Street, Eighth Street, French Street and Walnut Street in the City of Wilmington, County of New Castle and State of Delaware, pursuant to the provisions of Section 508, Title 22, Delaware Code, as amended by 49 Delaware Laws, Chapter 2, and 50 Delaware Laws, Chapter 221, authorizing "The Mayor and Council of Wilmington" to appropriate sums of money to the said Wilmington Parking Authority for the acquisition of lands upon which the Authority may undertake to create a parking facility; and
WHEREAS, it now appears that "The Mayor and Council of Wilmington", a municipal corporation of the State of Delaware, cannot proceed to put into effect and establish and build a building to be used in part as a public market on the land situate between and bounded by Seventh Street, Eighth Street, French Street, and Walnut Street in the City of Wilmington, County of New Castle and State of Delaware as "The Mayor and Council of Wilmington" is authorized to do by Section 1, Chapter 161, Volume 52, Laws of Delaware so long as the ownership and title to the aforesaid lands is in the said Wilmington Parking Authority; and
WHEREAS, serious doubt exists as to the power and authority of the said Wilmington Parking Authority to surrender and transfer, grant and convey to "The Mayor and Council of Wilmington," a municipal corporation of the State of Delaware all its right, title, and interest in and to the aforesaid lands situate between and bounded by Seventh Street, Eighth Street, French Street and Walnut Street in the City of Wilmington, County of New Castle and State of Delaware; and
WHEREAS, "The Mayor and Council of Wilmington" has requested the General Assembly to enact legislation so that the said "The Mayor and Council of Wilmington" should be enabled to proceed with the establishment, building and placement of a public market on the lands situate between and bounded by Seventh Street, Eighth Street, French Street and Walnut Street in the City of Wilmington, County of New Castle and State of Delaware, Now Therefore,
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):
Section 1. The Wilmington Parking Authority, a body corporate and politic organized and incorporated by an ordinance of "The Council" of "The Mayor and Council of Wilmington" passed July 19, A. D. 1951 pursuant to the provisions of Chapter 369, Volume 48, Laws of Delaware, be and it is hereby authorized and directed to surrender and transfer, grant and convey, all of its right, title, and interest in and to the lands situate between and bounded by Seventh Street, Eighth Street, French Street and Walnut Street in the City of Wilmington, County of New Castle and State of Delaware to "The Mayor and Council of Wilmington", a municipal corporation of the State of Delaware.
Section 2. "The Mayor and Council of Wilmington", a municipal corporation of the State of Delaware, is hereby authorized to use the lands transferred pursuant to the provisions of Section 1 of this Act for the construction of a municipal facility to house a public market and to serve such other municipal purposes as are authorized by "The Mayor and Council" including the leasing to said Parking Authority of so much of the building to be constructed on said site as may be found unnecessary by "The Council" by resolution for the public market or for other municipal purposes.
Approved March 14, 1960.