CHAPTER 72

PERMITTING PARKING AUTHORITIES TO LEASE PORTIONS OF PARKING FACILITIES FOR SALE OF GASOLINE, LUBRICANTS, AUTOMOBILE ACCESSORIES, REPAIRS, SERVICE, AND OTHER COMMERCIAL USES

AN ACT TO AMEND TITLE 22, DELAWARE CODE OF 1953, RELATING TO "MUNICIPALITIES" BY PERMITTING PARKING AUTHORITIES TO LEASE PORTIONS OF PARKING FACILITIES FOR THE SALE OF GASOLINE, LUBRICANTS, AND AUTOMOBILE ACCESSORIES, REPAIRS AND SERVICE AND FOR OTHER COMMERCIAL USES BY LESSEES.

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

Section 1. Title 22, Delaware Code of 1953 is amended by striking out all of the last sentence of the first paragraph of subsection (a) and all of the second paragraph of subsection (a) of § 504 and substituting the following:

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. Any such lease shall be granted on a fair competitive basis.

Approved May 14, 1953.