PARK AUTHORITIES ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00244R000200050016-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 9, 2016
• Document Release Date: June 18, 1999
• Sequence Number: 16
• Publication Date: June 17, 1968
• Content Type: MISC

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P. 0. BOX 236 ANNANDALE, VIRGINIA 22003
June 17, 1968
PARK AUTHORITIES ACT
Title 15.1-Counties, Cities and Towns
CHAPTER 27 - PARK AUTHORITIES ACT
j j 15.1-1228 to 15.1-1238.1
Exact Copy - Taken From.,
CODE OF VIRGINIA
1950
VOLUME 3
1964 Replacement Volume
(No Amendments to this)
(Chapter made by 1966 )
(Session of General )
(Assembly )
(Section 1232 (p) added by 1968)
(General Assembly - See Page 5 )
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CHAPTER 27.
PARK AUTHORITIES ACT.
SECTION.
15.1-1228. Short title; application.
15.1-1229. Definitions.
15.1-1230. Creation of authorities.
15.1-1231. Members of authority; appointment, terms, compensation,
etc.; officers; quorum.
15.1-1232. Powers of authority.
15.1-1233. Exemption from taxation.
15.1-1234. Rates and charges.
15.1-1235. Trust funds.
15.1-1236. Conveyance or lease of park to authority; contract for
park services; when referendum required before certain
contracts made.
15.1-1237. Revenue bonds.
15.1-1238. Same; for water or sewer systems, etc.
15.1-1238.1. Bonds mutilated, lost or destroyed.
SECTION 15.1-1228. SHORT TITLE: APPLICATION.
This chapter shall be known and may be cited as the "Park Authorities
Act." The chapter shall apply to all counties and cities of the State.
(Code 1950 (Repl. Vol. 1956), Section 15-714.1; 1950, p. 1244; 1952,
c. 401; 1962, c. 623.)
SECTION 15.1-1229. DEFINITIONS.
As used in this chapter, the following words and terms shall have the
following meanings unless the context shall indicate another meaning
or intent:
(a) The word "authority" shall mean an authority created under the
provisions of Section 15.1-1231 or, if any such authority shall be
abolished, the board, body, or commissions succeeding to the principal
functions thereof or to whom the powers given by this chapter to such
authority shall be given by law.
(b) The word "county" shall mean any county in the Commonwealth of
Virginia.
(c) The word "municipality" shall mean any city or town incorporated
under the laws of the Communwealth of Virginia.
(d) The term "political subdivision" shall mean a county or munici-
pality.
(e) The term "governing body" shall mean in the case of a county the
board of supervisors and in the case of a municipality the board,
commission, council or other body by whatever name it may be known,
in which the general legislative powers of the municipality are vested.
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(f) The term "park" shall mean public parks and recreation areas as
the terms are generally used.
(g) The term "federal agency` shall mean and include the United States
of America, any department or bureau thereof, the Federal Works Agency,
the Reconstruction Finance Corporation, and any other agency or instru-
mentality of the United States of America heretofore established or
which may be established or created hereafter. (Code 1950 (Repl. Vol.
1956), Section 15-714.2; 1950, p. 1244; 1952, c. 401; 1962, c. 623.)
SECTION 15.1-1230. CREATION OF AUTHORITIES
A. The governing body of a political subdivision may by ordinance or
resolution, or the governing bodies of two or more political subdi-
visions may by concurrent ordinances or resolutions, signify_their
intention to create a park authority, under an appropriate name and
title, containing the word "authority" which shall be a public body
politic and corporate.
Whenever an authority has been incorporated by two or more political
subdivisions, any one or more of such political subdivisions may with-
draw therefrom, and any political subdivision not having joined in the
original incorporation may join in the authority but no political
subdivision shall be permitted to withdraw from any authority after
any obligation has been incurred by the authority and while any such
obligation remains binding.
B. Each such ordinance or resolution shall include articles of in-
corporation which shall set forth:
(a) The name of the "authority" and address of its principal
office.
(b) The name of each incorporating political subdivision, together
with the names, addresses and terms of office of the first members of
the board of said authority.
(c).The purpose or purposes for which the authority is to be
created.
C. The governing body of each participating political subdivision
shall cause to be published at least one time in a newspaper of general
circulation in such political subdivision, a copy of such ordinance or
resolution together with a notice stating that on a day certain, not
less than ten days after publication of said notice, a public hearing
will be held on such ordinance or resolution. If at such hearing, in
the judgment of the governing body of the participating political sub-
division, substantial opposition to the proposed park authority is
heard, the members of such body may in their discretion call for a
referendum on the question of establishing such an authority as pre-
scribed in the ordinance or resolution to be held on a date specified
in a resolution of such governing body not less than thirty nor more
than sixty days from the date of adoption of the resolution.
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The referendum shall be initiated by resolution of the governing body
directed to the election officials of the county or city and the same
shall conform to the provisions of Section 24-141 of the Code of
Virginia. Where two or more political subdivisions are participating
in the formation of such authority the referendum, if any be ordered,
shall be held on the same date in all such subdivisions so partici-
pating. In any event if ten per centum of the qualified voters in
such subdivision file a petition with the governing body at the hearinc
calling for a referendum such governing body shall order a referendum
as herein provided.
D. Having specified the initial plan of organization of the authority,
and having initiated the program, the governing bodies of any of the
political subdivisions organizing such authority may, from time to time
by subsequent ordinance or resolution, after public hearing, and with
or without referendum, specify further parks to be acquired and main-
tained by the authority, and no other parks shall be acquired or
maintained by the authority than those so specified. However, if the
governing bodies of the political subdivisions fail to specify any
project or projects to be undertaken, and if the governing bodies
do not disapprove any project or projects proposed by the authority,
then the authority shall be deemed to have all the powers granted by
this chapter. (Code 1950 (Repl. Vol. 1956), Section 15-714.3; 1950,
p. 1244; 1952, c. 401; 1962, c. 623.)
SECTION 15.1-1231. MEMBERS OF AUTHORITY; APPOINTMENT, TERMS, COMPEN-
SATION, ETC.' OFFICERS: QUORUM.
The powers of each authority created hereunder shall be exercised by
not less than six members, comprising not less than two members, but
always an even number, from each participating political subdivision,
appointed by the governing body thereof. One half of these members
first appointed by each governing body shall serve for two years and
one half shall serve for four years. After the first appointment, the
term of office of all members shall be four years. When one or more
additional political subdivisions join an existing authority, each of
such participating political subdivisions shall have not less than two
members on the authority. The first of such members shall be appointed
immediately upon the admission of the political subdivision into the
authority in the same manner as the first members of the authority.
The members of the authority shall elect one of their number chairman
of the authority, and shall elect a secretary and a treasurer who need
not be members of the authority. The offices of secretary and treas-
urer may be combined. A majority of the members of the authority shall
constitute a quorum and the vote of a majority of members shall be
necessary for any action taken by the authority. No vacancy in the
membership of the authority shall impair the right of a quorum to
exercise all the rights and perform all the duties of the authority.
The political subdivision or subdivisions by action of whose governing
body or governing bodies an authority shall have been created and its
members appointed hereunder may by ordinance or resolution or con-
current ordinances or resolutions, provide for the payment of compen-
sation to the members of the authority and for the reimbursement to
each member of the authority of the amount of his actual expenses
necessarily incurred in the performance of his duties. (Code 1950
(Repl. Vol. 1956), Section 15-714.4; 1950, p. 1246; 1952, c. 401; 1962,
c 623.) - 3 -
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SECTION 15.1-1232. POWERS OF AUTHORITY.
Each authority created hereunder shall be deemed to be an instrumental-
ity exercising public and essential governmental functions to provide
for the public health and welfare, and each such authority is hereby
authorized and empowered:
(a) To have existence for such term of years as specified by the par-
ticipating political subdivisions;
(b) To adopt by-laws for the regulation of its affairs and the conduct
of its business;
(c) To adopt an official seal and alter the same at pleasure;
(d) To maintain an office at such place or places as it may designate;
(e) To sue and be sued;
(f) To acquire, purchase, lease as lessee, construct, reconstruct,
improve, extend, operate and maintain parks within or partly within
and partly without one or more of the political subdivisions by action
of whose governing body or governing bodies the authority was created;
and to acquire by gift, purchase or the exercise of the right of
eminent domain lands or rights in land or water rights in connection
therewith; and to sell, lease as lessor, transfer or dispose of any
property or interest therein acquired by it, at any time; provided,
however, that the power of eminent domain shall not extend beyond
the geographical limits of the political subdivision or subdivisions
composing the authority;
(g) To regulate the uses of all lands and facilities under control of
the authority;
(h) To issue revenue bonds and revenue refunding bonds of the author-
ity, such bonds to be payable solely from revenues, derived from the
use of the facilities or the furnishing to any political subdivision
of park services;
(i) To accept grants and gifts from the political subdivision forming
the authority, the State of Virginia, the federal government or any'
other governmental bodies or political subdivisions, and from any unit,
private corporation, copartnership, association or individual;
(j) To enter into contracts with the federal government, the Common-
wealth of Virginia, any political subdivision, or any agency or ins-
trumentality thereof, or with any unit, private corporation, copartner-
ship, association, or individual providing for or relating to the
furnishing of park services or facilities;
(k) To contract with any municipality, county corporation, individual
or any public authority or unit of this or any adjoining state, on such
terms as the said authority shall deem proper, for the construction,
operation and maintenance of any park which is partly in this Common-
wealth and partly in such adjoining state;
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(1) To exercise the same rights of acquiring property for the construc-
tion or improvement, maintenance or operation of a park as the county
or city or counties or cities by which such authority is created may
exercise. The governing body of any unit, notwithstanding any con-
trary provision of law, is hereby authorized and empowered to transfer
jurisdiction over, to lease, lend, grant or convey to the authority
upon the request of the authority, upon such terms and conditions as
the governing body of such unit may agree with the authority as reason-
able and fair, such real or personal property as may be necessary or
desirable in connection with the acquisition, construction, improve-
ment, operation or maintenance of a park, including public roads and
other property already devoted to public use. Agreements may be
entered into by the authority with the Commonwealth of Virginia, or
any agency acting on behalf of the Commonwealth of Virginia, for the
acquisition of any lands or property, owned and/or controlled by the
Commonwealth of Virginia, for the purposes of construction or improve-
ment, maintenance or operation of a park;
(m) In the event of annexation by a municipality not a member of the
authority of lands, areas, or territory served by the authority, then
such authority may continue to do business, exercise its jurisdiction
over its properties and facilities in and upon or over such lands,
areas or territory as long as any bonds or indebtedness remain out-
standing or unpaid, or any contracts or other obligations remain in
force;
(n) To make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers under this chapter, including a trust agreement or trust agree-
ments securing any revenue bonds or revenue refunding bonds issued
hereunder;
(o) To do all acts and things necessary or convenient to carry out
the powers granted by this chapter.
(p) To borrow at such rates of interest not to exceed six percent per
annum as the authority may determine from individuals, partnerships,
or private or municipal corporations, for the purpose of acquiring parr
lands and improvements thereon, to issue its notes, bonds or other
obligations, to secure such obligations by mortgage or pledge of the
property and improvements being acquired and the income derived there-
from, and to use any revenues and other income of the authority for
payment of interest and retirement of principal of such obligations;
provided that prior approval of the governing body of the county or
city shall be obtained by an authority created by a single political
subdivision. Any county, city or town which has formed or joined an
authority may lend money to such authority. The power to borrow set
forth in this sl5.1-1232 (p) shall be in addition to the power to
issue revenue bonds and revenue refunding bonds set forth in s 15.1-
1232 (h) and 5 15.1-1237. Notes, bonds or other obligations issued
under this subsection (p) shall not be deemed to constitute a debt of
the Commonwealth or of any political subdivision of the Commonwealth
or a pledge of the faith and credit of the Commonwealth or of any
political subdivision of the Commonwealth. (Code 1950 (Repl. Vol.
1956), Section 15-714.5; 1950, p. 1246; 1952, c. 401; 1956, c. 472;
1962, c. 623.)
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SECTION 15.1-1233. EXEMPTION FROM TAXATION.
No authority shall be required to pay any taxes or assessments upon any
park acquired and constructed by it under the provisions of this
chapter. (Code 1950 (Reps. Vol. 1956), Section 15-714.6; 1950, p.
1248; 1962, c. 623.)
The authority is hereby authorized to fix and revise from time to time
rates, fees and other charges for the use of and for the services fur-
nished or to be furnished by any park. (Code 1950 (Repl. Vol. 1956),
Section 15-714.7; 1950, p. 1248; 1963, c. 623.)
All moneys received pursuant to the authority of this chapter shall be
deemed to be trust funds, to be held and applied solely as provided in
this chapter.
The resolution of the authority shall provide that any officer to whom,
or any bank, trust company or other fiscal agent to which, such moneys
shall be paid shall act as trustee of such moneys and shall hold and
apply the same for the purposes hereof, subject to such regulations as
such resolution or trust agreement may provide. (Code 1950 (Repl. Vol.
1956), Section 15-714.8; 1950, p. 1248; 1962, c. 623.)
SECTION 15.1-1236. CONVEYANCE OR LEASE OF PARK TO AUTHORITY; CONTRACT
FOR PARK SERVICES; WHEN REFERENDUM REQUIRED BEFORE CERTAIN CONTRACTS
MADE.
Each county, municipality and other public body is hereby authorized
and empowered:
(a) To convey or lease to any authority created hereunder, with or
without consideration, any park upon such terms and conditions as the
governing body thereof shall determine to be for the best interests
of such county, municipality or other public body;
(b) To contract with any authority created hereunder for park service:
provided, however, that no political subdivision shall enter into any
contract with an authority involving payment,,. by such political stu.b-
division to such authority for park services which requires the pcli-
tical subdivision to incur an indebtedness extending beyond any one
fiscal year, unless the question of entering into such contract shall
first be submitted to the qualified voters of the political subdivision
for approval or rejection by a majority vote of such qualified voters
voting in an election on such question; provided that nothing herein
contained shall prevent any political subdivision from making a volun-
tary contribution to any authority at any time.
In the event that the governing body of a political subdivision shall
desire to contract with an authority under the provisions of paragraph
(b) of this section, such governing body shall adopt a resolution
stating in brief and general terms the substance of the proposed con-
tract for park services and requesting the circuit court, or any judge
thereof, in and for the county in which such political subdivision is
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located to order an election upon the question of entering into such
contract. A copy of such resolution, certified by the clerk of such
governing body, shall be filed with the judge of such circuit court
who shall thereupon make an order requiring the judges of election on
the day fixed in such order, not less than ten days nor more than
thirty days from the date of such order, to open a poll and take the
sense of the qualified voters in the political subdivision on the
question of entering into such contract. Notice of such election in
the form prescribed by the judge of the circuit court shall be pub-
lished at least once in a newspaper of general circulation in the
political subdivision at least ten days before the election.
The regular election officers of the political subdivision, at the
time designated in such order authorizing such vote, shall open the
polls at the various voting places in the political subdivision and
shall conduct such election in such manner as is provided by law for
other elections.
The question to be submitted to the voters for determination shall in-
clude the names of the political subdivision and the authority between
whom the contract is proposed; and the nature, duration and cost of
such contract. The votes shall be counted, returns made and canv:'^ed
as in other special elections and the results certified by the cor:;'.1s-
sioners of election to the circuit court of the county or a judge
thereof in vacation. If it shall appear by the report of the commis-
sioners of election that a majority of the qualified voters of the
political subdivision voting on the question approve such contract for
park services, the circuit court or a judge thereof in vacation spa=xl1
forthwith enter an order authorizing the governing body of the politi-
cal subdivision to enter into such contract. (Code 1950 (Repl. Vol.
1956), Section 15-714.9; 1950, p. 1248; 1956, c.474; 1962, c. 623.)
Where the evidence failed to disclose that the county had made any
contract in violation of this section, it could not be anticipated
that it would use the funds derived from a bond issue except as and
for the purpose submitted to the voters in the ballot. Fairfax County
Taxpayers Alliance v. Board of County Supervisors of Fairfax County,
202 Va. 462, 117 S.E. (2d) 753.
SECTION 15.1-1237. REVENUE BONDS.
Each authority is hereby authorized to issue, at one time or from time
to time, revenue bonds of the authority for the purpose of acquiring,
purchasing, constructing, reconstructing, improving or extending parks
and acquiring necessary land or equipment therefor, and revenue re-
funding bonds of the authority for the purpose of refunding any reve-
nue bonds outstanding under the provisions of this chapter. The bonds
of each issue shall be dated, shall mature at such time or times not
exceeding forty years from their date or dates and shall bear interest
at such rate or rates not exceeding six per centum (6%) per annum, as
may be determined by the authority, and may be made redeemable before
maturity, at the option of the authority at such price or prices and
under such terms and conditions as may be fixed by the authority prior
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to the issuance of the bonds. The authority shall determine the form
of the bonds, including any interest coupons to be attached thereto,
and the manner of execution of the bonds, and shall fix the denomina-
tion or denominations of the bonds and the place or places of payment
of principal and interest, which may be at any bank or trust company
within or without the Commonwealth. In case any officer whose signa-
ture or a facsimile of whose signature shall appear on any bonds or
coupons shall cease to be such officer before the delivery of such
bonds, such signature or such facsimile shall nevertheless be valid
and sufficient for all purposes the same as if he had remained in
office until such delivery. Notwithstanding any of the other provi-
sions of this chapter or any recitals in any bonds issued under the
provisions of this chapter, all such bonds shall be deemed to be nego-
tiable instruments under the laws of this Commonwealth. The bonds may
be issued in coupon or registered form or both, as the authority may
determine, and provision may be made for the registration of any coupon
bonds as to principal alone and also as to both principal and interest,
and for the reconversion into coupon bonds of any bonds registered as
to both principal and interest.
The authority may sell such bonds in such manner either at public or
private sale, and for such price, as it, may determine to be for the
best interests of the authority, but no such sale shall be made at a
price so low as to require the payment of interest on the money raceive_
therefor at more than six per centum (6%) per annum, computecl with re-
lation to the absolute maturity or maturities of the bonds in acc.j-,'-
dance with standard tables of bond values, excluding, however, from
such computation the amount of any premium to be paid on redemption of
any bonds prior to maturity.
The resolution providing for the issuance of revenue bonds, and any
trust agreement securing such bonds, may also contain such limitations
upon the issuance of additional revenue bonds as the authority may
deem proper, and such additional bonds shall be issued under such re-
strictions and limitations as may be prescribed by such resolution or
trust agreement.
Bonds may be issued under the provisions of this chapter without ob-
taining the consent of any commission, board, bureau or agency of the
Commonwealth of Virginia or of any political subdivision, and without
any other proceedings or the happening of other conditions or things
than those proceedings, conditions or things which are specifically
required by this chapter.
Bonds issued under the provisions of this chapter shall not be deemed
to constitute a debt of the Commonwealth or of any political subdivi-
sion of the Commonwealth or a pledge of the faith and credit of the
Commonwealth or of any political subdivision of the Commonwealth, but
such bonds shall be payable solely from revenues of the authority as
provided herein. (Code 1950 (Repl. Vol. 1956), Section 15-714.10;
1956, c. 472; 1958, c.484; 1962, c. 623.)
SECTION 15.1-1238. SAME FOR WATER OR SEWER SYSTEMS, ETC.
An authority created under the provisions of this chapter is hereby
authorized to provide by resolution, at one time or from time to time,
for the issuance of revenue bonds of the authority for the purpose of
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paying the whole or any part of the cost of any water system, sewer
system, sewage disposal system, or garbage and refuse collection and
disposal system, or any combination of any thereof and for improvement
and maintenance of any such system. The principal of and the interest
on such bonds shall be payable solely from the funds herein provided
for such payment. The bonds of each issue shall be dated, shall bear
interest at such rate or rates not exceeding five per centum per annum,
shall mature at such time or times not exceeding twenty years from
their date or dates, as may be determined by the authority, and may be
made redeemable before maturity, at the option of the authority, at
such price or prices and under such terms and conditions as may be
fixed by the authority prior to the issuance of the bonds.
Revenue bonds issued under the provisions of this chapter shall not be
deemed to constitute a debt of the State or of any incorporating or
participating political subdivision, or a pledge of the faith and
credit of the State or of any incorporating or participating political
subdivision. (Code 1950 (Reps. Vol. 1956), Section 15-714.11; 1954,
c. 540; 1962, c. 623.)
SECTION 15.1-1238.1. BONDS MUTILATED, LOST OR DESTROYED.
Should any bond issued under this chapter become mutilated or be lost
or destroyed, the authority may cause a new bond of like date, number
and tenor to be executed and delivered in exchange and substitution
for, and upon cancellation of, such mutilated bond and its coupons, or
in lieu of and in substitution for such lost or destroyed bond and its
unmatured coupons. Such new bond or coupon shall not be executed or
delivered until the holder of the mutilated, lost or destroyed bond
(1) has paid the reasonable expense and charges in connection there-
with and (2) in the case of a lost, or destroyed bond, has filed with
the authority and its treasurer satisfactory evidence that such bond
was lost or destroyed and that the holder was the owner thereof and
(3) has furnished indemnity satisfactory to its treasurer. (Code 1950
(Suppl.), Section 15-714.12; 1960, c. 203.)
The number of this section was assigned by the Virginia Code Commissio
the number in the 1962 act having been 15-714.12.
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