S.337--INTRODUCTION OF BILL ON DISTRICT OF COLUMBIA PARKING

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000500110001-0
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• Publication Date: January 16, 1969
• Content Type: OPEN

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January 16, 1969 CO
The bill (S. 33) to amend section 3(b)
of the Securities Act of 1933 to permit
the exemption of security issues, not ex-
ceeding $500,000 in aggregate amount,
from the provisions of such Act, Intro-
duced by Mr. SPARKMAN, was received,
read twice by its title, referred to the
Committee on Banking and Currency,
and ordered to be printed in the RECORD,
as follows:
S. 336
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That section
3(b) of the Securities Act of 1933 (15 U.S.C.
77c. (b)) is amended by striking out "$300,-
000" and inserting in lieu thereof "$500,000".
Nearly every small business at some time
(needs additional capital) ... Funds may
be needed, for example, to finance the initial
stages of a new venture, to pay for the ex-
pansion of a growing enterprise, or to provide
worlcing capital, .. ''
Seeking such equity capital from the
public is particularly important during
periods of tight money, such as we are
experiencing at this time.
Section 3(b) in the original enactment
of the Securities Act of 1933 recognized
these needs of small business and au-
thorized the Commission to exempt cer-
tain classes of securities where the to-
tal offering price to the public did not
exceed $100,000. The act was amended in
1945 to raise the limitation to $300,000.
The legislative history of that amend-
ment indicates that the primary reason
for the increase was the desire of Con-
gress to keep small business abreast of
the increased costs in doing business in
1945 as compared with those costs at
the time of the passage of the act in
1933. Congress established in that year
that $100,000, would, in many cases, be
an inadequate amount for the accom-
plishment of our national objectives of
fostering the free enterprise system.
In more recent years, Members of Con-
gress and leaders of the financial com-
munity have, on occasion, suggested a
further increase in the limitation found
in section 3(b). For instance, when the
act was amended in 1954, the Senate
version of the amendments would have
raised the ceiling to $500,000. This pro-
vision, however, was deleted from the
final legislation. Our bill in the 90th Con-
gress, S. 3695, was another effort in that
direction.
The sentiment in the Senate now, I
believe, is that in the, 23 years since the
last amendment, costs have continued to
rise throughout the economy. As a re-,
sult, the $300,000 permitted under regu-
lation A has sustantially less purchas-
ing power today. The authors of this
bill feel that the level should be at least
$500,000. There are others who may feel
that $1,000,000 would be a more realistic
figure.. We would, of course, wish to take
into account the opinions of business
and finance leaders who are in a posi-
tion to know the capital markets, as well
as the Securities and Exchange Com-
mission, as to what figure and what safe-
guards will best serve the interests of all
in this matter.
However, this seems to us to be an ap-
propriate time for the Congress to re-
examine the present statutory ceiling of
Regulation A and to explore what in-
crease may be required in order for this
exemption to fulfill its original purposes
of assisting small business and our free
enterprise economy.
I ask unanimous consent that the text
of the bill that I am introducing be
printed following my remarks.
The PRESIDING OFFICER. The bill
will be received, and appropriately re-
ferred; and, without objection, the bill
will be printed in the RECORD.
S. 337-INTRODUCTION OF BILL ON
DISTRICT OF COLUMBIA PARKING
Mr. TYDINGS. Mr. President, I intro-
duce, for appropriate reference, a bill
which will provide at long last the Dis-
trict of Columbia with a municipal park-
ing authority capable of relieving the
serious traffic congestion in our Nation's
Capital.
The bill is the same bill to which the
Senate agreed last October after a give-
and-take conference with the House. As
such, it is a compromise piece of legisla-
tion, yet one which I believe will both
work and have a good chance of being
enacted into law.
The effort to provide the District with
suitable parking facilities began nearly 3
years ago. As chairman of the District
Subcommittee on Business and Com-
merce I held 6 days of hearings on the
parking problem in the District of Co-
lumbia in January and February of 1966.
I do not intend to recount here the long
and often tortuous path that parking
legislation took. Suffice it to say that the
,hearings established without doubt that
-a municipal parking authority was ur-
gently required in the District and my
bill to so provide this authority was
twice passed by the Senate.
The bill creates the District of Colum-
bia Parking Board, composed of the
Mayor-Commissioner of the District, the
Secretary of the Interior, and the Admin-
istrator of General Services or their des-
ignees. The inclusion of the latter two
individuals reflects the need for parking
near the national monuments in the city
on land owned by the National Park
Service as well as the necessity to pro-
vide spaces for Government employees.
The Parking Board has the authority
to acquire through purchase or condem-
nation property needed to establish park-
ing facilities within the District. The
power of eminent domain, however, is a
limited one with ample safeguards to
prevent its abuse.
The Board also has the authority to
construct and operate parking facilities
to lease and sell them, and to lease land
for their development and operation by
private concerns.
Additionally the Parking Board can
establish a schedule of rates to, be
charged in facilities created pursuant to
the act. The rates in facilities operated
b
M. BoOrA moreover- are to be com_
y
Issues r Division of and operated facilities, taking into con-
thew Branch of V Small con-
T Em
poratfon Financ ecuriti s and Ex- sideration the t e of jervicep~rovided
- sn~e'ommiss on, February IG, 1967. an the vicinity o
the par garage.
S437
Let me add here, and let me emphasize
that the Board does not have the power
to establish a rate schedule for those
parking facilities in the District of Co-
lumbia that are strictly private opera-
tions. Only in facilities provided through
the Parking Board can rates be
scheduled.
It is appropriate to mention here that
a municipal parking authority does not
mean that ps vate operators are driven
out of business. Quite the contrary. The
hearings I hold showed that public and
private parking operations can peace-
fully coexist and profitably so. Mr. John
T. Stabile, president of the Parking
Service Corp. in Pittsburgh, a private
concern, testified that-
The private parking industry in Pittsburgh
has not been held back or materially af-
fected by a municipal parking program. If
anything, the Public Parking Authority of
Pittsburgh in the downtown area has en-
couraged extensive parking development by
private interests during the past 15 years.
The Board is further authorized to
issue tax-exempt bonds pledging as secu-
rity its own revenues as well as 75 per-
cent of the revenues from the Districts
parking meters. The intent is to create
a board which is financially self-suffi-
cient and which in no way would consti-
tute a drain on the public treasury.
While the Board is not required to pay
taxes it is obligated to pay in lieu of such
taxes an amount equal to the tax assess-
ment that would have been levied against
the property of the Board. This require-
ment however, to quote section 14 of the
bill "shall be subordinate to the obliga-
tions of the Parking Board under any
bond, mortgage, obligation, other evi-
dence of indebtedness, or contract." This
subordination is essential for the market-
ability of the bond issue without which
there would be no Parking Board and
thus no relief from the parking conges-
tion in the District.
Mr. President, let me stress here that
the powers granted to the Parking Board
are by no means excessive. They are sim-
ilar to the powers of other municipal
parking authorities-successful ones I
might add-and constitute the minimum
authority necessary to do the job.
The Parking Board must submit its
plans for parking facilities in the Dis-
trict to the National Capital Planning
Commission and Fine Arts Commis-
sion for review. This guarantees con-
sideration of parking facilities with-
in the total planning picture for the Dis-
trict of Columbia and maintains the
architectural integrity of new buildings
in our Nat on's Capital.
Finally, the bill creates a Parking Ad-
visory Council to assist the Board in
carrying out its facilities and to conduct,
within 1 year following the enactment
of the act a truly comprehensive report
on the parking situation in the District
metropolitan area.
This essentially is what the bill I am
introducing today does. It is, as I have
said, a compromise piece of legislation.
The conference was a difficult one with
the House Members pressing us hard.
As in all such conferences it was neces-
sary to agree to some of the House
amendments. Nevertheless I believe that
we came away with a good bill and one
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CONGRESSIONAL RECORD - SENATE January 16, 1969
which if enacted and properly admin-
istered, can help to relieve the parking
crisis in the District. Let me detail briefly
the major House changes.
The most important concerns the
]3oard's power to condemn. No condem-
naation proceeding can take place on any
parking facility operated as such on Oc-
tober 8, 1968 and no such proceeding can
be initiated unless within 60 days either
]louse of Congress does not pass a reso-
I ution, reported from its committee on
the District of Columbia, stating that
the House disapproves such an action.
While these conditions no doubt limit
the Board's exercise of its right of emi-
naent domain the important point to
:remember is that the House Members
accepted it in principle by accepting in
substance a power to condemn. This was
a power bitterly opposed by the other
side. The hearings I held, however, re-
vealed that the right of eminent domain
'is crucial to the successful operation of
a municipal parking authority. We did
not get all of it, but we did get much of
it, I feel that the acceptance by the
House conferees of this eminent domain
right constitutes a major gain. It pro-
vides the Parking Board with vital tool
'with which to relieve the parking prob-
lem in the District.
A second important change demanded
by the House side concerns the rate
schedule established by the Parking
Board. The original Senate version of
the bill stated that the fees should be
fixed at the "lowest" rates possible that
will enable all financial obligations to be
met. The conference substitute deletes
this and says that the rate schedule of
the Parking Board shall be "compara-
ble" to that of private operated facilities
which provide substantial similar serv-
tee and are in the same facility. It is the
intent of this change to provide some
flexibility in permitting the private com-
petitive rate structure to be taken into
consideration. It is not the intent, and
let me stress this, to rigidify so the
schedule as to necessitate exactly sim-
ilar rates. Nor is it the intent to require
the Board to fix rates deemed artificially
high in order to meet the demand for
comparability. The purpose is flexibility,
and the proper and due consideration of
the private sector. Not total and com-
plete equalization of the rate schedule.
The third major change involves sec-
tion 14 of the bill, dealing with the ex-
emption from taxation. As an arm of
Government and in order to insure the
success of the bond issue, the Parking
Board is not required to pay taxes. How-
ever, a permissive payment equal to and
in lieu of taxes was Included in my orig-
inal bill. The House side insisted on
changing this permissive payment of
taxes to a mandatory one. Thus the
language In the bill was changed from
"may pay" to "shall pay". As I have
already noted the conference version
contains additional language stating
that this payment shall be secondary to
any bond obligations. This change in the
bill is an important one. It might well af-
fect the workability of the act. In the
hearings to be held on the bill before
Subcommittee on Business and Coen-
change and will ask the witnesses to do
likewise. Possibly a further change in
the language may be required, Possibly
not. In any case I shall keep a close eye
on this question. Certainly we need an
act that can be made to work and a
Parking Board that can function prop-
erly. Anything less is an exercise in leg-
islaton rather than an accomplishment
in fact.
Mr. President, these are the more im-
portant changes agreed to in the confer-
ence last October. There are some others,
but they are relatively minor. The bill is
different from the one the Senate orig-
inally twice passed, but it is, overall, a
good bill, one that has passed the Senate
before and now stands an excellent
chance for passage in both Houses this
year.
In one area, however, there was no
yielding to the House side. This was sec-
tion 7(c) ,permitting the Parking Board
to operate its own facilities in some in-
stances. The House members of the con-
ference tried exceedingly hard to remove
this language. Only private operators
would then be permitted actually to op-
erate parking facilities in the District.
But the Senate held firm 'and here I
would like to commend my very able
colleague the junior Senator from Vir-
ginia who refused to budge under very
substantial House pressure. He held firm
and deserves much of the credit for the
compromise bill being as satisfactory as
it is. The net effect of the change desired
by the House would be to hamper severe-
ly the proper functioning of the Park-
ing Board.
What if no private operator deemed it
,necessary or financially rewarding to
operate a facility in a location consid-
ered paramount by either the Board or
the Advisory Council? The whole pur-
pose of providing for the planned loca-
tion of parking facilities would be
thwarted. What would happen if an op-
erator for some reason suddenly became
unable to operate a parking facility? The
Board must be able to act in such a case.
Moreover, exempting the Parking Board
from operating facilities runs contrary
to the spirit of establishing a municipal
parking authority. If you are going to
create a public body you must give it the
means to accomplish its end. There is no
sense in creating the cart without pro-
viding for the horses. Finally, and more
importantly, such an exemption would
open up the Congress to the charge that
a public authority was created to serve
specifically a small group of businessmen
in the city. This might have serious im-
plications, I think, for the esteem with
which the public views both Houses of
Congress.
Mr. President, before concluding I
would like to draw attention to two final.
points. The first concerns an argument
that one sometimes hears when discuss-
ing the parking problem in the District.
It goes like this, If you provide more
parking, you encourage more traffic, in-
crease vehicular flow, create more de-
mand for additional highways which in
turn necessitates further parking facili-
logic to it, but is not entirely valid. The
bill I have introduced will not inevitably
encourage new highways and perpetuate
the cycle. For the downtown area, the
intent of the bill is as much to have a
more effective reallocation of existing
parking spaces as it is to provide addi-
tional ones.
I believe, very strongly that we must
utilize existing downtown streets and
make them more effective. This is done
by changing surface lots and curb park-
ing to offstreet multistory parking struc-
tures, thus making the existing roads
more suitable for vehicular flow and
easing the traffic without constructing
new highways. This would also, of course,
add to the District's tax base. We need,
simply, to use the roads we have more
efficiently. For the area in Washington
where the monuments are, most of the
congestion there is caused by out-of-
State visitors who come by car to view
their lovely Capitol. Parking facilities for
them can be provided,-without encourag-
ing commuters and thereby increasing
the demand for more roads, through the
manipulation of the rate schedule. Fees
to prevent long-term parking yet encour-
age the visitor's short-term needs could
be easily established. The provision of
additional parking facilities in the Dis-
trict of Columbia therefore does not
mean that further highways must be
built to accommodate the increased traf-
fic generated by the successful operation
of these facilities.
My final point is a simple one. Resolv-
ing the city's parking problem is not
going to solve the District of Columbia
traffic problem. It will help, but it will
not do the whole job. Parking is only part
of the problem. Resolving it will, I think,
make a substantial contribution to the
larger solution but not a complete one.
To solve the overall traffic problem in
the District requires a judicious balance
of various modes of transit. Subway, bus,
car, and plane are all components on this
balance. No single mode is sufficient. I
have long advocated a: balanced trans-
portation system, both for the District of
Columbia and the Nation at large. This
alone can provide the solution. Parking
is part of such a system and must not,
therefore, be ignored. It is neither a mi-
nor aspect nor a temporary one. It is
rather an important unit of analysis
within the system and must be consid-
ered part of the overall transportation
picture.
Mr. President, I now ask for unani-
mous consent that the bill I am introduc-
ing today be printed in the RECORD.
The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the bill
will be printed in the RECORD.
The bill (S. 337) to establish a public
parking authority in the District of Co-
lumbia, introduced by Mr. TYDINGS, for
himself and Mr. SPONG, was received,
read twice by its title, referred to the
Committee on the District of Columbia,
and ordered to be printed in the RECORD,
as follows:
S. 33?
low the automobile is taking over our Representatives o the anitea states of
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January 16, T9 CONGRESSIONAL RECORD - SENATE
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SHORT TITLE termining the location and design of those (f) The Advisory Council is authorized,
SECTION 1. This Act may be cited as the parking facilities consideration shall be given within the limit of funds authorized by the
"District of Columbia Parking Facility Act", to the incidence of crime in the area sur- Parking Board and in accordance with the
FINOPIGS o FACT rounding those buildings. provisions of section 21(a) (11) of this Act,
Sac 2. The Congress finds that- PARKING ADVISORY COUNCIL to hire independent consultants to assist it
(1) the growth and development of the SEC. 4. (a) There is hereby established a in carrying out its responsibilities under this
National Capital area have been accom- Parking Advisory Council (hereafter in this Act.
panied by an ever-increasing number of per- Act referred to as the "Advisory Council"). COMPREHENSIVE PARKING STUDY
sons entering the District by motor vehicle The Advisory Council shall be composed of SEC. 5. (a) The Advisory Council shall,
which has resulted In serious traffic con- nine members, consisting of the Director within one year following the effective date
gestion; of the District of, Columbia, Department of of this Act, and not less than once each five
(2) this congestion restricts the inter- Highways and Traffic or his designee, the years thereafter, prepare and distribute a
change of goods, services, and people be- Chairman of the National Capital Planning comprehensive report on parking in the Dis-
tween the District and the surrounding Commission or his designee, and the general trict metropolitan area. Such report shall in-
suburbs, to the detriment of both; imposes manager of the Washington Metropolitan elude-
hardships and inconvenience on residents, Area Transit Authority or his designee, all (1) an inventory of existing parking facil-
employers, employees, and tourists in the ex officio, and six members from private life ities in the District, both public and private,
National Capital area; impedes the efficient appointed by the Parking Board, one of whom and an analysis of the manner and extent to
conduct of the United States and the Did- shall be designated biennially by the Park- which they are utilized;
trict governments; and interferes with the ing Board to serve as Chairman. Two of the (2) an inventory of the existing and rea-
rapid and effective disposition of police and members appointed from private life shall sonably anticipated transportation facilities
fire-fighting equipment; be experienced parking operators in the Na- in the National Capital area, including roads,
(3) the orderly growth and development tional Capitol area and the other members highways, buses, and rapid rail transit, and an
of the National Capital area requires a bal- appointed from private life shall be chosen analysis of the manner and extent to which
anced transportation system which provides to reflect a range of experience in such fields they are utilized;
residents of and visitors to the National as architecture, engineering, retail trade, real (3) an analysis of the extent, type, and
cient means of travel into and through the
District;
(4) a balanced transportation system re-
quires adequate highways, rapid rail transit,
buses, and off-street parking facilities for
motor vehicles;
(5), off'-street parking facilities in suffi-
cient numbers and at rates and locations
adequate to meet the needs of the National
Capital area have not been provided; and
(6) the establishment of a parking au-
thority to supplement existing parking with
additional off-street parking facilities is
necessary to maintain and improve the eco-
nomic well-being of the National Capital
area, the safety, convenience, and -welfare
of the residents thereof and the visitors
thereto, and the efficiency of the United
States and District governments.
CREATION OF PARKING BOARD
SEC. 3. (a) There is established a body
politic and corporate of perpetual duration,
to be known as the "District .of Columbia
Parking Board" (hereafter in this Act re-
ferred to as, the "Parking Board"). The Park-
ing Board shall consist of three members, who
shall be the Commissioner of the District or
his designee, the Secretary of the Interior or
his designee, and the Administrator of Gen-
eral Services or his designee. Two members
of the Parking Board shall constitute a quo-
rum, The members of the Par4ing Board shall
select from among their number a chairman
and a vice chairman of the parking Board.
(b) The Parking Board shall appoint, sub-
ject to the provisions of title 5, United States
Code, governing appointments in the com-
petitive service, and other applicable laws
relating to employees of the District, an Ad-
ministrator. The Parking Board may delegate
to the Administrator such authority as may
be necessary or convenient to carry out the
purposes of this Act.
(c) In Carrying out its duties under this
Act, the Parking Board shall take such action
as may be necesary to insure the equitable
distribution of parking facilities among the
(b) The members of the Advisory Coun- parsing wmcn are necessary or desirable for
cil appointed by the Parking Board shall achieving balanced transportation and an
be appointed for a term of four years, except efficient flow of traffic in the National Capital
that with respect to the first appointments area together with recommendations as to the
made after this Act becomes effective, one need, if any, for additional public parking
member shall be appointed for a one-year facilities and the areas withing which such
term, one member shall be appointed for a facilities should be located; and
two-year term, two members shall be ap- (4) any other information or recommenda-
pointed for a three-year term, and two mem- tions that the Advisory Council determines
bers shall be appointed for a four-year term. to be useful to the Parking Board in carry-
Any member appointed to fill a vacancy shall ing out its duties under this Act,
serve only for the unexpired term of the (b) The Advisory Council shall refer the
member he is replacing. Any member shall parking report to all interested agencies in
be eligible for reappointment. the National Capital area for their informa-
(c) (1) Members of the Advisory Council tion and comments. The parking report and
who are officers or employees of the United all relevant data used to compile the report
States or of the District shall serve without shall be made available to owners and oper-
compensation in addition to that received ators of private parking facilities in the Dis-
in their regular public employment, but shall trict in order to enable them more effectively
be entitled to reimbursement for travel, sub- to plan the operation and expansion of their
sistence, and other necessary expenses in- facilities.
curred by them in-the performance of duties
vested in the Advisory Council.
(2) Members of the Advisory Council,
other than those to whom paragraph (1) is
applicable, shall receive compensation at the
rate of $50 per day for each day they are
engaged in the performance of their duties as
members of the Advisory Council and shall be
entitled to reimbursement for travel, sub-
sistence, and other necessary expenses in-
curred by them in the performance of their
duties as members of the Advisory Council.
(d) It shall be the duty of the Advisory
Council to advise and assist the Parking
Board in carrying out its functions under this
Act, including the overall planning of park-
ing facilities, the acquisition, construction,
design, and operation of such facilities, and
such other matters as the Parking Board shall
request or the Advisory Council shall deter-
mine. The Parking Board shall request the
views of the Advisory Council on each matter
made subject to a public hearing by this Act,
and shall include the report of the Council, if
any, in the Parking Board's record.
(e) The Advisory Council is authorized,
properties of the Government with due re- within the limits of funds authorized by the Parking Board
gard for the comparative urgency of need of title and asubject ces Code, e, the eose rning
aiap-
for such facilities, and to that end it shall pointments In the tea States Co competitive d
take into consideration.the availability other of applicable laws relating service ml and
, t an executive employees transportation, other Government as of the District, to appoint an secre-
well as commercial off-street parking facili- tary. Subject to reimbursement by the Park-
ties, and municipal, regional, and other plan- ing Board for the salaries, retirement, health
ping for the future extension or improvement benefits, and similar costs for such employees,
of public transportation and parking facili- the ex officio members of the Advisory Coun..
des, The highest priority shall be given to
cif and the Commissioner of the District
alley project to provide parking facilities for shall make available to the executive secre-
motor vehicles of officers and employees of tary such staff, information, and technical
the Government employed in the buildings assistance as he shall require to enable the
On North Capitol Street presently occupied Advisory Council to carry out its responsibili-
by the Government Printlnv nffieu Tr, ,,__ ____. . .
ACQUISITION OF PARKING FACILITIES
SEC. 6. (a) The Parking Board is author-
ized to acquire, in its own name, by purchase,
lease, gift, exchange, condemnation, or other-
wise, such property, real, or personal, in the
District, including any rights or interests
therein, as the Parking Board may require to
carry out the provisions of this Act. The
Parking Board shall not acquire by condem-
nation any parking facility operated as such
on October 8, 1968.
(b) The Commissioner of the District is
authorized to make available to the Parking
Board, without consideration, air and Sub-
surface rights in areas consisting principally
of land in street, highway, railway, or sub-
way rights-of-way, bridges, and other lands
under his jurisdiction and control in tfie
District for use by the Parking Board in
carrying out its duties under this Act. The
Commissioner, to the extent feasible, shall
exercise this authority to enable the Parking
Board to locate parking facilities in such
manner as to coordinate parking with any
future highway or subway construction in
the District. Nothing in this Act shall be
construed as modifying or superseding any
provision of title 23, United States Code.
(c) The Secretary of the Interior and the
Administrator of General Services are au-
thorized, subject to Such terms and condi-
tions as they may prescribe, to make avail-
able to the Parking Board, without consider-
ation, subsurface rights in lands in the Dis-
trict under their respect jurisdiction and
control for use by the Parking Board in
carrying out its duties under this Act.
(d) The Parking Board shall take no final
action with respect to the acquisition of a
parking facility or the acquisition of any
real property for the purpose of establishing
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CONGRESSIONAL RECORD -SENATE January 16, 1969
taking of options) until the Parking Board such payment is authorized to be made from Parking Board shall, to the extent feasible,
has-- any moneys of the Parking Board which are provide, by contract or otherwise, for such
(1 s obtained a study of such proposed fa- available for such purpose. operation of its parking facilities by any
ellity from an independent expert qualified (g) The Parking Board may make reloca- person or management firm competent to
to evaluate the feasibility of any such facil- tion payments to any person displaced by rea- manage the operation. Any such contract
ity, and son of its acquisition of property under this shall be subject to the Service Contract Act
(2) held a public hearing to obtain views section to the same extent as such person of 1965 (41 U.S.C. 351--a57).
on the need for Such facility, its proposed would be entitled to receive if such pay- PARKING BOARD AUTHORIZED TO LEASE
size, and its economic feasibility. menu were made under section 114 of title I FACILITIES
The Parking Board shall publish notice of of the Housing Act of 1949 (42 U.S.C. 1465). SEC. 8. (a) The Parking Board is authorized
any such hearing in at least one newspaper The Parking Board and the District of to lease any parking facility acquired or con-
of general circulation in the District at least Columbia Redevelopment Land Agency are such period of time, as the
twenty days prior to such hearing. authorized to enter into an agreement under structed parking by it Board for may determine, except that the
(e) The acquisition, by condemnation, of which such Agency shall undertake to ad- lease which is used as security for permanent
real property for use by the Parking Board minister the payments authorized to be financing shall not exceed forty years in
under this Act shall be authorized only if, made by this subsection, and provide the duration and any other lease shall not exceed
prior to the initiation of proceedings to con- Parking Board with relocation services in five years in duration. The Parking Board
demo such property, the Parking Board shall like manner as such Agency provides such shall invite competitive bids for the lease of
haves--- services to the Commissioner of the District. any parking facility, but the Parking Board
(1) retained at least two qualified, rode- (1:) No parking facility shall be estab- may reject any and all such bids.
pendent real estate appraisers to assist it in lishr.i under this Act upon any property (b) The Parking Board shall not lease any
estaalishing the fair market value of the zoned residential without the approval of such facility for an annual rental in an
property, and received in writing from such the Zoning Commission of the District, amount less than that which is necessary to
appraisers such value; which may grant such approval only after amortize, within a forty-year ineriod, the cost
(1) established a fair market value for the public notice and hearing in accordance of acquiring or constructin' such facility
property based on such appraisal; with the provisions of section S of the Act and to provide a reasonable reeserve for such
(3) certified that it has been unable to of June 20, 1938 (D.C. Code, sec. 5-415). purpose; to meet the Parking Board's obli-
purchase the property at such fair market PARISSNG BOARD AUTHORIZED TO CONSTRUCT AND gations, if any, under the lease including any
valve; OPERATE FACILITIES obligation to repair, maintain, or insure the
(4:) certified that decent, safe, and sani- Sic. 7. (a) The Parking Board is author- facility; and to meet all administrative ex-
tary housing can reasonably be expected to ized to undertake, by contract or otherwise, penses and other charges in connection
be available to any families which may be the clearance and improvement of any prop- therewith; except that the Parking Board
displaced by such condemnation action "at orty acquired by it under this Act as well as may, for good cause, accept, for such num-
rentals they can reasonably afford; and the construction, establishment, reconstruc- her of years as the Parking Board may deter-
(ii) certified that, barring acts of God or }ion, alteration repair, and maintenance mine Is necessary, a lower rental than the
other unforeseeable circumstances, it will thereon of parking facilities. The Parking minimum hereinabove prescribed, subject to
commence, or cause to be commenced, con- Board shall take such action as may be the repayment to the Parking Board of the
struction of a parking facility upon such necessary to insure that all laborers and difference between such lower rental and
property within one year following the date mechanics employed in the performance of such minimum rental prior to the termina-
of acquisition. such construction, alteration, or repair shall tion for the period for which the parking
Aftmr the Parking Board has complied with be paid wages at rates not less than those facility is leased.
the requirements of paragraphs (1) through prevailing on similar construction in the (c) The lease of a parking facility shall be
(5) of this subsection with respect to any locality as determined by the Secretary of upon terms and conditions requiring that
rea:. property, it shall notify each House of Labor, in accordance with the Act of March such parking facility shall be operated and
Congress of its intent to Initiate condemn-- 3, 1931 (the Davis-Bacon Act, 40 U.S.C. maintained, during the term of the lease,
tion proceedings with respect to such real 276a-270a-5).. The Secretary of Labor shall for the parking of motor vehicles by the
property. The Parking Board may initiate have, with respect to the labor standards general public In accordance with rates,
such proceedings unless between the date of specified herein, the authority and functions hours of service, methods of operation, rules,
the transmittal of such notice and the end set forth in Reorganization Plan Numbered and regulations established or approved by
of the first period of sixty calendar days of 14 of 1950 (15 F.R. 3176; 5't.S.C. 133z-15) and the Parking Board and posted in such park-
continuous session of Congress after that section 2 of the Act of June 13, 1934 (40 log facility by the lessee. Such lease shall
date either -House passes a resolution, re- U.S.C.276(c) ). take Into account the fair value of any space
ported from its Committee on the District (b) The Parking Board may- in, on, above, or below such facility avail-
of Columbia, stating in substance that that (1) include in any facility acquired or able for purposes other than parking.
Hoare does not favor the initiation of such constructed' under this Act air space at or PARKING BOARD AUTHORIZED TO SELL
proceedings. The provisions of section 906 below the level of the street on which such FACILITIES
of title 5, United States Code, shall apply facility fronts or abuts for purposes other SEC. 9. (a) The Parking Board is authorized
with respect to determining when the sixty than parking, and
don period referred to in the preceding sen- to sell any parking facility other than any
ter..ce has terminated. The provisions of see- (2) make provision for the development facility constructed on land owned by or
tioas 908, 910, 911, 912, and 913 of such title of toe air rights above any parking structure acquired from the Governments of the
shall apply with respect to the considera- of four or more stories for purposes other United States or the Distri(,t. The Parking
tion of the resolution provided for in this than parking, Board shall invite competitive bids for the
subsection. If the Parking Board determines that the sale of any such parking facility, but may,
(f) Condemnation proceedings brought utilization of such space or air rights for whenever it determines it to be in the public
pursuant to this section shall be brought in commercial purposes is expedient for the interest, negotiate the sale of such facility.
the name of the Parking Board. Such pro- financing of such parking facility and is The Parking Board shall include in its rec-?
ceadings shall be instituted and conducted compatible with the development and zon- Or of dm negotiating taas to its reason
In the United States District ,Court for the ing of the vicinity in which such facility is fo g g any such
District of Columbia, which court shall have located. 'The lease under section 8 of this (b) The sale of any such parking facility
ju-isdiction of such proceedings, and shall Act of any facility constructed or acquired shall be upon terms and conditions requiring
be prosecuted In accordance with the proce- by the Parking Board, shall include the space that such parking facility shall be operated
dare in proceedings instituted and con and air rights referred to in paragraphs (1) and maintained for the parking of motor
ducted under the authority of subchapter II and (2) of this subsection. No pertroleum vehicles by the general public in accordance
of title 16 of the District of Columbia Code, products shall be sold or offered for sale in with rates, hours of service. method of op-
ex ept that wherever in such subchapter (1) any entrance to or exit from any parking eration, rules, and regulations established or
the terms "Board of Commissioners" or facility constructed or acquired under this approved by the Parking Beard and posted
"E,oatd" appear, such terms shall be deemed, Act? in such parking facility by t he purchaser.
for the purposes of this Act, to mean the (c) The Parking Board shall, as soon as (c) The Parking Board is authorized, in
Parking Board, (2) provision is made for practicable, lease or sell, pursuant to sections connection with the sale of parking facility
property to be taken in the name of the 8 and 9 hereof, any facility acquired or con- acquired or constructed by it, to include in
Districtof Columbia, such provisions shall, structed under this Act unless the Parking the deed for such property a covenant, run-
for the purposes of this Act, be construed to Board determines that the public interest ning with the land, whereby the purchaser
mean that property shall be taken in the would best be served if it operated such agrees, for himself, and his successors in
name of the Parking Board, (3) reference is facility itself, and includes in its record of interest, that the property purchased from
made to the District of Columbia (as a party the matter a statement as to its reasons the Parking Board will be used as a parking
to a proceeding instituted or conducted un- therefor. Each such determination so made facility for such period of time as the Park-
de:r the authority pf such subchapter), such shall be reviewed by the Parking Board not ing Board shall specify in said covenant. The
reference shall be deemed a reference to the less than every three years following the Parking Board is authorized to agree, subject
Parking Board, and I a a mcnt is r - < zt~ h de r in o #...- t
n -c1 any
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" &-O' aanuar
y
such covenant whenever the Parking Board to be charged for use of space in each park-
shaiLfind, after public hearing, that the ing facility established pursuant to this Act.
operation of a. parking facility no longer is Any, such schedule of rates established by
in the public interest, the development of the Parking Board for use of space in any
the vicinity in which such parking facility is parking facility operated by the Parking
located is or will be of such a 'character as Board shall be comparable to the schedule
to make such facility incompatible with such of rates for use of space in any parking fa-
vicinity, or such vicinity will not 'economi- cility which is operated by a private parking
tally support any such parking facility. Such operator and which is similar to, and in the
a hearing shall be held upon the request of same vicinity as, the parking facility oper-
any purchaser (or successor in interest) who ated by the this Parking the factors the exist-
on
o er
id
6 years.
SEC. 10. (a) The Parking Board is author-
ized to lease for terms not exceeding forty
years, any land acquired pursuant to this
Act, and to stipulate in such lease that the
lessee shall erect at his or`its expense a struc-
ture or structures on the land leased, which
structure or structures' and land shall be
primarily used, maintained, and operated as
a parking facility. Every such lease shall be
entered into upon such terms and conditions
as the Parking Board shall impose including
requirements that (1) such structure or
structures shall conform with the plans and
specifications approved by the Board, (2)
such structure or structures shall become the
property of the District, or in the case of a
facility constructed on land under the con-
trol and jurisdiction of the United States,
become the property of the United States,
upon termination or expiration of any such
lease, (3) the lessee shall furnish security
in the form of a penal bond, or otherwise, to
guarantee fulfillment of his or its obliga-
tions, and (4) the lessee shall take such
action as may be necessary to insure that all
laborers and mechanics employed in the per-
formance of such construction, alteration, or
repair shall be paid wages at rates not less
than those prevailing on similar construc-
tion in the locality as determined by the
Secretary of Labor, in accordance with the
Act of March 3, 1931 (the Davis-Bacon Act,
40 U.S.C. 276a-276a-5), and any other re-
quirement which, in the judgment of the
Parking Board, shall be related to the ac-
complishment of the purposes of this Act.
(b) The lessee may, with the consent of the
Parking Board-
(1) sublease or develop space in such
facility at or below the level of the street
upon which such facility fronts or abuts for
purposes other than parking; and
(2) sublease or develop air rights above
any parking structure of four or more stories
for purposes other than parking;
if the Parking Board determines that the
utilization of such space or air rights for
such other purposes is expedient for the fi-
nancing of such parking facility and is com-
patible with the development of the vicinity
in which such facility is located. No petro-
leum' products shall be sold or offered for
sale In any entrance to or exit from any park-
ing facility constructed or acquired under
this Act. The rentals so generated shall be
taken into account in fixing the sales price
of any real property sold pursuant to this
Act and the approval of rates for the park-
ing of motor vehicles in the parking facility
constructed thereon.
(c) Any such lease made pursuant to this
section shall be upon such terms and con-
ditions as the Parking Board shall determine,
and shall include requirements that any
parking facility constructed on the land so
leased, shall be operated and maintained for
the parking of motor vehicles by the general
public in accordance with rates, hours of
Service, method of operation, rules, and reg-
ulations established or approved by the
Parking board and posted in such parking
facility by the lessee.
g
er, am
(1) cons
ing rates charged by privately operated park-
ing facilities serving the same vicinity; and
(2) consider, in light of the overall trans-
portation needs and problems-of4he District
metropolitan area, the extent to which long-
term and short-term parking is desirable at
each location and shall fix a schedule of
rates for each location, which is designed
to encourage the types of use that are de-
sired at such location. The Parking Board is
authorized to provide rate differentials for
such reasons as the amount of space occu-
pied, the location of the facility, and other
reasonable differences.
(b) The rates to be charged for the park-
ing of motor vehicles within any parking
facilities leased pursuant to this Act shall be
fixed at rates-that will enable the lessee to
meet all his obligations under his lease or
leases; to defray all reasonable and neces-
sary operating expenses; and to earn a fair
and reasonable profit or return on his in-
vestment.
(c) The rates to be charged for the park-
ing of motor vehicles within any parking
facilities sold by the Parking Board under
this Act, or constructed on any unimproved
real property leased under section 10 of this
Act, shall be fixed at rates that will enable
the purchaser or lessee, as the case may be,
to meet all his obligations under the pur-
chase or lease agreement or agreements to
amortize his investment over a reasonable
period; to defray all reasonable and necessary
operating expenses; and to earn a fair and
reasonable profit or return on his invest-
ment.
AUTHORITY TO ISSUE OBLIGATIONS
SEc. 12. (a) (1) The Parking Board is au-
thorized to issue and sell, upon such terms
and conditions as it shall by resolution pre-
scribe, its obligations having such maturi-
ties and bearing such rate or rates of interest
as may be determined by the Parking Board,
except that not more than $50,000,000 in
such obligations shall be outstanding at any
time. Obligations issued under this Act shall
be offered at public sale to the lowest respon-
sible bidder. Such obligations may be made
redeemable at the option of the Parking
Board before maturity in such manner as
may be stipulated in such obligations. The
principal of and the interest on any such
obligations so issued shall be payable out of
any moneys or revenues of the Parking Board
available under the. provisions of this Act.
(2) Obligations authorized hereunder may
be issued by the Parking Board in the form
of temporary, interim, or definitive bonds, at
one time or from time to time, for any of
its corporate purposes, including acquiring
necessary cash working funds, constructing,
reconstructing, extending, or improving a
parking facility or facilities or any part
thereof and acquiring any property, real or
personal, useful for the construction, recon-
struction, extension, improvement, or op-
eration of a parking facility or part thereof.
The Parking Board shall also have power
from time to time to refund any bonds by the
issuance of refunding bonds, whether the
bonds to be refunded shall have or have not
matured, and may issue bonds partly to re-
fund bonds outstanding and partly for any
other of its corporate purposes. To the ex-
tent feasible, the provisions of this Act gov-
tablish and, from time to time revise, with obligations shall govern refunding bonds. All
nn'mith not nnhllrt hea.rinva schedules of rates bonds issued under the provisions 0f This Act
S 441
shall have and are hereby declared to have
all the qualities and incidents of negotiable
instruments under article 3 of the Uniform
Commercial Code of the District. The Park-
ing Board shall determine the date, the
price or prices, and the terms of redemption,
and the form and the manner of execution
of the bonds, including any interest cou-
pons to be attached thereto, and shall fix
the denomination 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
District. In case any officer whose signature
or a facsimile of whose signature shall ap-
pear 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, and any bond may
bear the facsimile signature of, or may be
signed by, such person as at the actual time
of the execution of such bond shall be duly
authorized to sign such bond although at
the date of such bond such person may not
have been such officer. The bonds may be
issued in coupon or in registered form, or
both, as the Parking Board may determine,
and provision may be made for the registra-
tion of any coupon bonds as to principal
alone and also as to both principal and inter-
est, for the reconversion into coupon bonds
of any bonds registered as to both principal
and interest, and for the exchange of either
coupon bonds or registered bonds without
coupons for an equal aggregate principal
amount of other coupon bonds or registered
bonds without coupons, or both, of any de-
nomination or denominations.
(3) In the discretion of the Parking Board,
bonds may be secured by a trust agreement
by and between the Parking Board and a
corporate trustee, which may be any trust
company or bank having the powers of a
trust company within or without the District.
Such trust agreement may contain provisions
for protecting and enforcing the rights and
remedies of the bondholders, including cove-
nants setting forth the duties of the Parking
Board in relation to the acquisition of prop-
erty and the construction of parking facilities
and the improvement, maintenance, opera-
tion, repair, and insurance of parking facili-
ties, the rates to be charged and the custody,
safeguarding, and application of all moneys;
shall set forth the rights and remedies of
the bondholders and of the trustees; may
restrict the individual right of action by
bondholders; and may contain such other
provisions as the Parking Board may deem
reasonable and proper for the security of the
bondholders. All expenses incurred in carry-
ing out the provisions of such trust agree-
ment may be treated as a part of the cost of
operation.
(4) In order to secure the payment of its
bonds, the Parking Board shall have the
power, in the resolution authorizing the is-
suance thereof or in the trust agreement
securing such bonds (which shall constitute
a contract with the holders thereof) to-
(A) pledge all or any part of its revenues,
including future revenues, the proceeds of
bonds and any other moneys available to the
Parking Board;
(B) covenant with respect to pledges of
revenues, liens, mortgages, sales, leases, any
property then owned or thereafter acquired,
or against permitting or suffering any lien on
such revenues or property;
(C) covenant with respect to limitations
on any right to sell, lease, or otherwise dis-
pose of any parking facility or part thereof,
or any property of any kind;
(D) covenant with respect to the terms of
any bonds to be issued, the custody, appli-
cation, investment, and disposition of the
proceeds thereof, the issuance of additional
bonds, the incurring of any other obligations
by it, the payment of the principal of and
the-unrest on the bonds or any other obli-
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CONGRESSIONAL RECORD - SENATE January 16, 1969
gat ions, the sources and method of such pay-
ment, the rank or priority of any such bonds
or other obligations with respect to any Hen
or security or as to the acceleration of the
maturity of any such bonds or other obliga
tio:as, and
(E) covenant with respect to the replace-
ment of lost, destroyed, or mutilated bonds.
The Parking Board is further authorized to
pledge as security for revenue bonds, the
revenues of parking meters, and to covenant
with respect to the installation, relocation,
operation, and maintenance of parking me-
ter;; the maintenance of its "teal and per-
sonal property, the replacement thereof; the
insurance to be carried thereon and use and
disposition of insurance money; the rates and
other charges to be established and charged
by the Parking Board under the authority
of this Act; the amount to be raised each
year or other period of time by rentals, sales,
fees, rates, or other charges, and as to the
use and disposition to be made thereof; and
for the creation of special funds and ac-
counts, including reasonable reserves.
(b) Obligations Issued by the Parking
Board, their transfer, and the Income there-
from (including any profit made on the sale
thereof), shall be exempt from all taxation
(except estate, Inheritance, and gift taxes)
now or hereafter imposed by the United
States or the District, any State, territory, or
possession, or any county, municipality, or
other municipal subdivision, or taxing au-
thority of any State, territory, or possession
of the United States.
(c) Notwithstanding any restrictions on
investment contained in any other laws all
Board is authorized to prescribe fees for the
parking of vehicles Where parking meters are
now or hereafter installed and to utilize its
own personnel to collect such fees. Such
fees shall be collected by the Parking Board
and shall be accounted for and disposed of
in like manner as other revenues of the Park-
ing Board.
(b) The Parking Board is authorized to
pledge, in addition to its other revenues, the
revenues of parking meters as security for
its obligations, except that no such pledge
shall extend to more than 75 per centum of
the revenues of the meters in existence at
the time such pledge is made. No covenant
or agreement entered into by the Parking
Board shall prohibit it from relocating park-
ing meters.
EXEMPTION FROM TAXATION
SEC. 14. The Parking Board shall not be
required to pay any taxes or assessments upon
any parking facilities or any part thereof,
or upon the income thereof. In lieu of such
taxes or assessments the Parking Board shall
pay to the District an amount equal to the
taxes or assessments that would have been
levied against the property of the Parking
Board were the Parking Board not exempt
from taxation. The exemption from taxes
and assessments hereunder shall not be ex-
tended to any interest in a parking facility
conveyed by the Parking Board to a grantee
or lessee. The requirement to make payments
in lieu of taxes shall be subordinate to the
obligations of the Parking Board under any
bond, mortgage, obligation, other evidence
of indebtedness, or contract.
domestic insurance companies, domestic in- FRINGE LOTS
sur:ence associations, and executors, adminis- SEC. 15. (a) Notwithstanding any other
trators, guardians, trustees, and other fidu- provision of this Act, the Parking Board is
ciaaie:; within the District of Columbia, may authorized, after consultation and coordina-
legally invest any sinking funds, moneys, or tion with the Washington Metropolitan Area
other funds belonging to them or within 'Transportation Authority, and the Metro-
their control in any bonds or other obliga- politan Washington Council of Governments,
tions issued pursuant to this Act, except that to establish fringe lots in the National Capi-
not:aing contained in this subsection shall tal area. The head of any Federal or District
be construed as relieving any person, firm or government agency or department is au-
corporation from any duty of exercising thorized to make lands in the National Capi-
reasonable care in selecting securities for tal area under his jurisdiction and control
purchase or investment. available, on such terms and conditions as
- (1) No trustee or receiver of any property he shall determine, to the Parking Board for
of the Parking Board shall assign, mortgage, use by it in establishing fringe lots under
or otherwise dispose of all or part of any this section. No fringe lot shall be established
parking facility established under this Act, outside the District, except on land owned
except in the manner and to the extent per- by the United States, or any department or
mitred under any trust or other agreement agency thereof, unless the Parking Board has
securing an obligation of the Parking Board. first obtained approval therefor from the
A trustee under any trust or other agreement local governing body of the jurisdiction in
securing an obligation of the Parking Board which such fringe lot may be located.
may be authorized in the event of default (b) The Parking Board is authorized to
under any such trust or agreement to seek operate any fringe lot established by the
SEC. 20. (a) All receipts and expenditures
the appointment of a receiver who may enter Board under this section, or to lease any such of funds by the Parking Board pursuant to
and take possession of any parking facility fringe lot pursuant to such terms and condi- the provisions of this Act shall be made and
of the Parking Board, operate and maintain tions as the Board may determine. The Park- accounted for under the direction and con-
such faculty, collect all revenues arising ing Board is further authorized to operate or trol of the Commissioners in like manner as
therefrom, perform all duties required by this arrange for the operation of such fringe lots is provided by law in the case of expenditures
Act or by any trust or other agreement secur- without charge to the persons patronizing made by the government of the District.
ing an obligation of the Parking Board to be such lots. Nothing contained in this section shall be
performed by the Parking Board or any oft- (c) As used in this section, the term construed to present the Parking Board from
cer thereof, and take possession of the reve- "fringe lot" shall mean a parking lot pri- providing, by covenant or otherwise, for such
nues from, parking meters applicable to the manly open to public use for the long-term other audits as it may consider necessary or
payment of any obligations of the Parking parking of motor vehicles, located at or be- desirable.
Board, yond the fringe of the central business dis- b A
t
PARKING METERS
Sac. 13. (a) The Parking Board shall, sub-
ject to the.approval of the Commissioner of
the District, install, maintain, repair, relo-
cate, and remove parking meters at such loca-
tions on the streets, rights-of-way, avenues,
roses, highways, and other public open spaces
under the jurisdiction and control of the
Commissioner of the District as the Parking
Boa ^d may determine as an aid to regula-
tion and control of the movement and park-
ing of motor veihcles. In carrying out the
aforementioned duties, the Parking Board
shall, from time to time, consult with the
of any audit required under
trict of the District served by buses, rail ( ) repor
transit, or other mode of mass transportation. s bsection;(a) shall be made by the Parking
are forwarded to it in accordance with the
provisions of this section, to study such plans
and make such report thereon as the Com-
mission, in its discretion, det .-mines is neces-
sary. If no such report on such plans is sub-
snitted by the Commission within sixty days
from the date the Parking Board or such
person forwards them to the Commission, the
Commission's approval of suer plans shall be
assumed.
(c) Nothing in this section shall be con-
strued as superseding any existing law or
provision of law relating, directly or indirect-
ly, to the construction, establishment, ex-
pansion, operation, or location of parking
facilities in the District.
COMMISSION OF FINE ARTS To REVIEW PLANS
SEc. 17. (a) The Parking Board shall in
accordance with the provisions of the Act of
May 16, 1930 (40 U.S.C. 121) . submit to the
Commission of Fine Arts the plans for each
parking facility which the Parking Board
proposes to construct or which is to be con-
structed on land leased by the Parking Board.
STUDY
SEc. 18. The Advisory Council shall under-
take a study of the relationship between
parking requirements and rconing regulations,
with specific reference to the District plan-
ning proposals and the District zoning study
now underway.
NOTICE TO PARKING BOARD OF SCHEDULE OF
RATES TO BE CHARGED SY PRIVATE PARKING
FACILITIES
SEC. 19. Every person owning or operating
a parking facility in the District shall, pur-
suant to such rules and regulations as shall
be established by the Parking Board, file in
writing a complete schedule of the rates
charged by such person for the storing or
parking of motor vehicles in such facility,
and in no case shall such person, following
the filing of such schedule of rates, make
any charge for such storing or parking in
excess of that set forth in such schedule so
filed until forty-eight hours, after he has
notified the Parking Board in writing of the
new schedule of rates which he intends to
charge. Nothing herein shall be construed
as authorizing the Parking Board to fix or
regulate such rates. The provisions of this
section shall not be applicable with respect
to any parking facility the rates of which are
subject to the control and regulation of the
Parking Board under this Art. Any person
who shall violate this section shall be sub-
ject to a fine of not less than $100 and not to
exceed $500.
r=.~..h r..A,. ra.alvciiivu cQMM1ssroN hundred and twenty days after the close of
SEC. 16. (a) On and after the effective date the Parking Board's fiscal year. The report
of this Act the Parking Board or any person shall set forth the scope of the audit and
desiring to acquire existing parking facilities, shall include a verification by the person
construct new parking facilities, or lease conducting the audit of statements of (1)
property for use as parking facilities shall assets and liabilities, (2) capital and surplus
submit to the National Capital Planning or deficit, (3) surplus or deficit analysis, (4)
Commission for its review and recommends- income and expenses, and (5) sources and
Lions thereon their plans for the acquisition, application of funds, and a verification by
construction or leasing of such facilities or such person of separate income and expense
properties. The recommendations of the Com- statements for each facility, Including as an
mission shall be advisory in nature, expense item a payment in lic:,t of taxes
.
Director of the District of Columbia Depart- (b) The National Capital Planning. Com- (c) The Parking Board shall submit to-
rrent of Highways and Traffic. The Parkin mission is authorized whenever such Tans ether with the audit r rt cam x s
oil e
i .4 # 1
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Tanuary 16, 1969 CONGRESSIONAL RECORD -SENATE
report to the Congress summarizing the ac-
tivities of the Parking Board for the preced-
ing fiscal year.
POWERS OF PARKING BOARD
SEC. 21. (a) The Parking Board, in per-
forming the duties imposed upon it by this
Act, shall have all the powers necessary or
convenient to carry out and effectuate the
purposes and provisions of this Act, includ-
ing the power-
(1) to sue and pe sued, to compromise
and settle suits and claims of or against
it, to complain and defendIn its own name
in any court of competent jurisdiction,
State, Federal, or municipal;
(2) to adopt, alter, and use a corporate
seal which shall be judicially noticed;
(3) to adopt, prescribe, amend, repeal, and
enforce bylaws, rules, and regulations for
the exercise of its powers under this Act or
governing the manner in which its business
may be conducted and the powers granted
to it by this Act may be exercised and
enjoyed;,
(4) to make, deliver, and receive deeds,
leases, and other instruments and to acquire
easements, rights-of-way, licenses, and other
interests in land, and to take title to real
and other property in its own name;
(5) to construct and equip parking facili-
ties in the District and to exercise all powers
necessary or convenient in connection there-
with;
(6) to borrow money, to mortgdge or hy-
pothecate its property, or any interest
therein, pledge its revenues, and to issue
and sell its obligations;
(7) to appoint and employ, subject to the
provisions of title 5, United States Code,
governing appointments in the competitive
service, and other applicable laws relating
to employees of the District, such officers,
agents, engineers, accountants, appraisers,
and other personnel for such periods as may
be necessary in its judgment, and to deter-
mine the services to be performed by them
on behalf of the Parking Board;
(8) to procure and enter into contracts
for any types of insurance and Indemnity
against loss or damage to property from any
cause, including loss of use or occupancy,
against death or injury of any person,
against employers' liability, against any act
of any director, officer, or employee of the
Parking Board in the performance of the
duties of his office or employment, or any
other insurable risk;
(9) to deposit its moneys and other rev-
enues in any bank incorporated under the
laws of the United States;
(10) to spend its revenues, or any funds
appropriated to carry out the purposes of
this Act;
(11) to employ, or to enter into contracts
with, consulting engineers, architects, ac-
countants, legal counsel, construction and
financial consultants, managers, superin-
tendents, and such other consultants and
technical experts as in the opinion of the
Parking Board may be necessary or desirable,
without regard to section 3709 of the Revised
Statutes, the civil service, classification and
pay laws, and section 3109 of title 5, United
States Code;
(12) to enter into all contracts and agree-
ments, in addition to those otherwise men-
tioned herein, necessary or' incidental to
the performance of the functions of the
acquired under the authority of this Act,
and which has been determined, after public
hearing, to be no longer necessary for the
purposes of this Act;
(14) to obtain from the United States, or
any agency thereof, loans, grants, or other
assistance on the same basis as would be
available to the District.
(b) Notwithstanding the provisions of
paragraph (13) of subsection (a) of this
section, the Parking Board shall not have
the authority to exchange, sell, or transfer
any real property acquired by Condemnation
within one year following such acquisition
unless the owners of such property at the
time of its acquisition by the Parking Board
shall first have been afforded a reasonable
opportunity to reacquire such property for
an amount equal to that paid to them by the
Parking Board plus the cost of improvements
made by the Parking Board to such property,
if any.
COMMISSIONER AUTHORIZED TO PROVIDE
ASSISTANCE TO PARKING BOARD
SEC. 22. (a) The Commissioner of the
District is authorized to aid and cooperate in
the planning, undertaking, construction, re-
construction, extension, improvement, main-
tenance, or operation of any parking facility
established pursuant to this Act by provid-
ing, subject to reimbursement, such services,
assistance, or facilities as the Parking Board
may request.
(b) Subject to the reimbursement to the
District by the Parking Board for the salaries,
retirement, health benefits, and similar costs
for such employees, there shall be made
available to the Parking Board such num-
ber of employees of the District as the Park-
ing Board certifies are necessary to the
proper discharge of its duties In carrying out
the purposes of this Act, which employees
shall be subject to the provisions of title 5,
United States Code, governing appointments
in the competitive service.
(c) The provisions of the second para-
graph under the caption "For Metropolitan
Police" in the first section of the Act en-
titled "An Act making appropriations to pro-
vide for the expenses of the Government of
the District of Columbia for the fiscal year
ending June thirtieth, nineteen hundred, and
for other purposes", approved March 3, 1899
(D.C. Code, sec. 4-115), authorizing the
Board of Commissioners of the District to
appoint special policemen for duty in con-
nectign with the property of corporations
and individuals, shall be applicable with re-
spect to the property of the Parking Board.
(d) The Corporation Counsel of the Dis-
trict of Columbia is authorized and directed
in all matters to act as counsel for the Park-
ing Board, except insofar as the Parking
Board may find it necessary or convenient to
retain outside legal counsel.
DEFINITIONS
SEC. 23.-As used in this Act, the term-
(1) "District" means the District of Co-
lumbia;
(2) "person" means an individual, firm,
copartnership, association, or corporation (in-
cluding a nonprofit corporation);
(3) "revenues" means all payments re-
ceived by the Parking Board from the sale
or lease of parking facilities, all moneys re-
ceived from the operation of parking meters,
authorized to be pledged, and all income and
other moneys received by the Parking Board
from any other source;
wise provided in this Act, all such contracts (4) "parking facility" means a parking lot,
or agreements shall be subject to competi- parking garage, or other structure (either
tive bidding unless the value thereof does not single- or multi-level and either at, above,
exceed $2,500; or below the surface) primarily for the off-
(13) to sell, exchange, transfer, or assign street parking of motor vehicles, open to
(in accordance with the general law of the public use for a fee, and all property, rights,
District governing disposal by the District easements, and interests relating thereto
of real or personal property, including In- which are deemed necessary for the efficient
terests therein) any property, real or per- and economical construction or the operation
S 443
(5) "parking garage" means any structure
(either single- or multi-level and either at,
above, or below the surface) which is open
to public use for a fee and which is primarily
used for the offstreet parking of.motor ve-
hicles; and
(6) "National Capital area" means the
District and all surrounding jurisdictions
which are commonly recognized as part of
the District metropolitan area.
ABOLITION OF THE DISTRICT OF COLUMBIA MOTOR
VEHICLE PARKING AGENCY AND TRANSFER OF
FUNDS AND PROPERTY TO PARKING BOARD
SEC. 24. (a) The Motor Vehicle Parking
Agency created by Reorganization Order of
the Board of Commissioners of the District
of Columbia Numbered 54 and reconstituted
under Organization Order of the Board of
Commissioners of the District of Columbia
Numbered 106 (D.C. Code, title 1, appendix),
is abolished. The functions, positions, per-
sonnel, equipment, property, records, and
unexpended balances of appropriations, allo-
cations, and other funds, available or to be
made available relating to the Motor Vehicle
Parking Agency are transferred to the Park-
ing Board.
(b) All positions, personnel, equipment,
property, records, and unexpended balances
of appropriations, allocations, and other
funds, available or to be made available re-
lating to the function of installing, repair-
ing, replacing, and removing parking meters
on the public streets of the District are
transferred to the Parking Board from the
Department of Highways and Traffic.
(c) Section 11 of the Act approved April 4,
1938 (D.C. Code, sec. 40-616) is repealed.
REPEAL
SEC. 25. The District of Columbia Motor
Vehicle Parking Facility Act of 1942 (D.C.
Code, secs. 40-801-40--809a) is.repealed.
EFFECTIVE DATE
SEC. 26. This Act and the amendments
made by this Act shall take effect on the first
day of the first month which begins more
than ninety days after the date of its enact-
ment.
DISTRICT OF COLUMBIA PARKING BILL
Mr. SPONG. Mr. President, I am
pleased to cosponsor the parking bill for
the District of Columbia introduced by
the Senator from Maryland, Senator
TYDINGS, who is chairman of the Senate
Committee on the District of Columbia.
At the end of last session, during Sen-
ator TYDINGS' absence, I served as the
Senate conferee and the Senate floor
manager of the conference bill. This bill
cleared the Senate, but not the House.
Both at the time of Senate passage of
the bill and subsequently, questions have
been raised concerning the bill. Neither
those who desired a stronger nor a
weaker bill are completely satisfied.
Probably, it is impossible for them to be.
What the bill represents is, however,
the realization of a number of people
that something must be done. At the
present, adequate parking facilities are
simply not available in the Nation's
Capital for visitors-whether they be our
own citizens or from a foreign land.
Government employees find it difficult to
obtain satisfactory facilities in proximity
to their offices. And, the person desiring
shopping opportunities, dining or enter-
tainment currently finds it easier to
.frequent establishments outside the
downtown area rather than risk the
frustrations of no street parking and no
vacant parking lots.
All this imposes a hardship upon the .
Citizen who may_have traveled miles to
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 N444 CONGRESSIONAL RECORD - SENATE January 16, IV6v
visit the Nation's Capital and to see his
Government in action, the suburban res-
ident trying to get to work and the per-
son seeking to utilize the,business and
entertainment facilities of the District.
It meals frustration for these citizens.
It means a loss in much-needed revenues
for the District, as citizens seek to ful-
fill their business and recreation needs
elsewhete.
In reognition of these problems, the
bill introduced today was developed. It
will not solve all our parking problems.
But, it is a move in the right direction.
The bill creates a Parking Board with
the power to acquire property, construct
parking facilities and to sell, lease or op-
erate such facilities. At the same time,
it incorporates safeguards for private
parking facilities in operation as of Oc-
tober 8,1868, and for the Board's use of
its acquisition procedures and eminent
domain authority. Some of the require-
ments of the bill may make administra-
tion of it somewhat prolonged and diffi-
cult. Nevertheless, I believe the limita-
tions of the bill are outweighed by the
need for additional parking facilities in
the District, a need which the legislation
introduced today will help meet.
needed across the board. Our current
level of assistance is 46 percent below the
national average cost of education. At
present to cost of attending a public col-
lege-expressed in 1967-68 dollars--is
$1,092 per year; the current cost of at-
tending a private college is $2,326 per
year. Averaged, this amounts to $1,709
per year-$669 less per year than the
veteran is currently eligible to receive:
or, expressed differently, 46 percent less
than an average year in college, full time,
will cost him.
The amendments I am introducing to-
day reflect the realities of the educa-
tion market, and will increase the
monthly educational assistance allow-
ance for a full-time single veteran ac-
cordingly-by $60-from $130 now to
$190 under my bill. Other increases for
three-quarter, half-time, and coopera-
tive students are prorated accordingly:
Whereas a three-quarter-time student
is now eligible to receive $95 a month he
would, under this amendment, be eligible
to receive $140; and where a half-time
student is now eligible for $60 a month,
he would be eligible for $90 a month; and
where a student in a cooperative program
is now eligible for $105 a month, he would
be eligible for $155 a month under the
amendment.
Similarly, for eligible veterans with one
dependent under current law, the rates
are set at only $155 for full time, $115
for three-quarter time, $75 for half time,
and $125 for those in cooperative educa-
tion programs. Under my amendment
these rates would be raised to $215, $160,
$105, and $175, respectively.
For veterans with two dependents, the
current rates are $175 for full time, $135
for three-quarter time, $85 for half time,
and $145 for cooperative education. Un-
der my amendment these rates would be
raised to $235, $180, $115, and $195, re-
spectively.
The intent of this amendment Is to
fulfill the promise of the cold war GI bill
in fact; to provide to our fighting men
educational assistance that is meaningful
and helpful; to do everything in our
power to encourage these veterans to pur-
sue their educational opportunities.
We know from the experience of the
World War II and Korean GI bills that
by aiding these veterans we are making
an investment that is paid back to Amer-
ica two or three times over in the form
of increased taxable income.
The two amendments regarding flight
training are substantially the same as
those I introduced last April. They were
approved by the Senate, but the House of
Representatives refused to act on them.
These amendments would correct two
serious deficiencies concerning the new
flight-training provision which we in-
cluded as part of the GI bill amendments
in Public Law 90-77. The flight training
we provided for was that which leads to
a "recognized vocational objective in the
This kind of increased assistance is intend to pursue a career in the field of
aviation. For example, there are the
modern-day ranchers who use small air-
craft to spot and herd cattle. Although
they are not pursuing a vocational objec-
tive in the field of aviation, aviation has
become an essential part of the operation
of their ranching business. It is my feel-
ing that such individuals should not be
deprived of the benefits under this sec-
tion of the law.
As a condition for obtaining assistance
under the flight-training provisions, we
stipulated that in order to qualify. the
eligible veteran has to have a valid pri-
vate pilot's license or have satisfactorily
completed the number of hours of flight-
training instruction required for such a
license. As it turns out, it costs about
$1,000 to obtain a private pilot's license;
so that the very individuals who desire
and need to take advantage of the flight-
training provisions are unable to because
they cannot afford to ineet the basic re-
quirement of having a license or qualify-
ing for one. Thus, I am offering an
amendment which will enable the Ad-
ministrator to extend short-term loans
to qualifying veterans to obtain a pilot's
license.
It is my sincere hope that all of these
necessary modifications in our veterans
laws will receive swift treatment and
acceptance by the Congress.
I request unanimous consent to have
printed in the RECORD at this time the
text of the bill to amend the cold war
GI bill.
The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the bill
will be printed in the RECORD.
The bill (S. 338) to amend section 1677
of title 38, United States Code, relating
to flight training, and to amend section
1682 of such title to increase the rates
of educational assistance allowance paid
to veterans under such sections, intro-
duced by Mr. YARBOROUGH. was received,
read twice by its title, referred to the
Committee on Labor and Public Wel-
fare, and ordered to be printed in the
RECORD, as follows:
S. 338
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That (a)
subsection (a) of section 1577 of title 38,
United States Code, is amended by striking
out the material preceding clause (1), and
inserting in lieu thereof the following:
"(a) The Administrator may approve the
pursuit by an eligible veteran of flight train-
ing where such training is generally accepted
as necessary for the attainment of a recog-
nized vocational objective in the field of avi-
ation or where generally accepted as ancillary
to the pursuit of a vocational endeavor other
than aviation, subject to the following con-
ditions : ".
(b) Section 1677 of such title is further
amended by adding at the end thereof a new
subsection as follows:
"(c) (1) In any case in which a veteran
wishes to pursue a course In flight training
under this section but does not possess a
S. 338-INTRODUCTION OF BILL TO
PROVIDE INCREASED EDUCA-
TIONAL OPPORTUNITIES FOR
COLD WAR VETERANS
Mr. YARBOROUGH. Mr. President,
today I Introduce, for consideration of
the Senate, a bill to amend the cold war
GI bill. These amendments are designed
to accomplish three purposes:
First. To broaden the scope of the
present flight-training provisions;
Second. To increase the accessibility
of the present flight-training provisions;
and
Third. To increase the rates of edu-
cational assistance allowance paid to
veterans under the cold war GI bill.
It is the last of these purposes that
I will discuss first. It is the intent of the
current law that eligible veterans re-
ceive an educational assistance allow-
ance to meet, in part, the expenses of
his subsistence, tuition, fees, supplies,
books, equipment, and other educational
costs. In short, when we passed the cold
=b ill, we declared as a matter of
purpose that the people of the
United States would make an investment
to our veterans by taking care of the
cost of education.
The fact of the matter Is that the
current law does not reflect our intent.
Times have changed, costs have spiraled
upwards, but the law has remained the
same.
The amendments I Introduce today
are designed to make the educational
assistance allowance more reflective of
educational realities. Right now, an un-
married veteran going to college full
rime feceives only $130 a month. My bill
will provide him with what he needs:
:3190 a month. A student with two de-
pendants, going to school, half time, can
now receive only $85 per month. My bill
will bring that monthly allowance up
to $115.
field of aviation." It has come to my at- valid private pilot's license and has not satis-
tention that this is an unnecessarily lim- factorily completed the number of hours of
iting phrase and that there are many flight instruction required for a private
pilot's who wish to take advantage ized d't license, the Administrator is author-
individuals make a direct loan to such veteran
eran
of the flight-training provisions and who to pursue the flight training required for a
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