Chap. 173.—An ACT to authorize the counties of Warwick, Elizabeth City and
York, the Cities of Newport News and Hampton, and the Town of Phoebus,
or any two or more of them, to create a commission, to be known as the “Grand-
view State Park Commission” for the purpose of establishing and operating a
State Park and park facilities for public use, for such counties, cities and towns.
and the general public at large until such park and facilities shall be transferred
to the Virginia Conservation Commission for operation; and to prescribe the
rights, powers, duties and functions of such commission when so formed and
of the counties, cities and towns for which such commission is created.

fH B 276]

Approved March 12, 1946

Whereas, the Virginia Conservation Commission having examined
the proposed plans to establish a State park at Northend Point in Eliza-
beth City county to be known as Grandview State Park, has expressed
its approval and offered its full cooperation in the project; and

Whereas, under its present operating facilities it is impossible for
the Virginia Conservation Commission to construct the proposed park,
but it has approved and recommended for adoption a plan to provide by
legislative enactment for the creation of a special commission to be known
as the Grandview State Park Commission to carry out the details of
the construction, on completion of which the park shall be officially
transferred to the Virginia Conservation Commission for continued op-
eration and maintenance as a State park for public use; Now, Therefore,

Be it enacted by the General Assembly of Virginia:

1. Section 1. If the governing bodies of each of the counties of
Warwick, Elizabeth City and York, the cities of Newport News and
Hampton, and the Town of Phoebus, or any two or more of them, shall
by resolution declare that there is need for a park commission to be cre-
ated for the purpose of establishing and operating a State park for all
such political subdivisions, a park commission, to be known as “Grand-
view State Park Commission”, shall thereupon exist for such counties,
cities and town, and shall exercise its powers and functions therein until
such time it is officially transferred to the Virginia Conservation Commis-
sion as hereinafter prescribed.

In any suit, action or proceeding involving the validity or enforce-
ment of or relating to any contract of the Grandview State Park Commis-
sion, such commission shall be conclusively deemed to have become a body
corporate, and to have become established and authorized to transact
business and exercise its powers hereunder upon proof of the adoption
of a resolution by the governing body of each of the counties, cities and
town creating the park commission declaring that there is need for such
commission and that it unites with the other political subdivisions in its
creation. A copy of such resolution duly certified by the clerk of the
county, city or town by which it is adopted shall be admissible in evidence
in any suit, action or proceeding.
Section 2. The Grandview State Park Commission, hereinafter
referred to as the “Commission” shall consist of one member from each
of the participating counties, cities and town, appointed by the governing
bodies thereof respectively, or as many members as the governing
bodies of the participating subdivisions may agree upon. Original ap-
pointments of members shall be for terms as follows: from the County
of Warwick and the City of Newport News, two years; from the County
of Elizabeth City and the City of Hampton, three years; and from the
County of York and the Town of Phoebus, four years. Thereafter all
appointments shall be for four year terms, except appointments to fill
vacancies which shall be for the unexpired terms. The governing body
appointing any member may remove such member at any time and ap-
point his successor. The Commission shall have power to elect its
chairman, and to adopt rules and regulations for its own procedure and
government. The members of the Commission so appointed shall con-
stitute the Commission, and the powers of such Commission shall be
vested in and exercised by the members in office from time to time. A
majority of the members in office shall constitute a quorum. Members
of the Commission shall be paid ten dollars for each meeting attended,
but no member shall receive more than three hundred dollars in any one
year.
Section 3. The Park Commission established hereunder shall have
all powers necessary or convenient to carry out the general purposes of
this act, including the following powers in addition to others herein
granted:

(a) To sue and be sued; to adopt a seal and alter the same at
pleasure; to have perpetual succession; and to make and execute con-
tracts subject to requirements of this act and other instruments necessary
or convenient to the exercise of its powers.

(b) To employ such technical experts and such other officers,
agents and employees as it may require, and to fix their qualifications
and duties and their compensation within the limits of available funds.

(c) To accept gifts and grants from the State of Virginia or any
political subdivision thereof, and from the United States and any of its
agencies.

(d) To acquire within the territorial limits of the region for which
it is formed, by purchase, lease, gift, condemnation or otherwise, what-
ever land may be reasonably necessary for the purpose of establishing,
constructing, enlarging, maintaining and operating one or more State
Parks,

(e) To acquire, establish, construct, enlarge, improve, maintain,
equip and operate and regulate the use of the State Park until such time
as it is officially transferred to the Virginia Conservation Commission.

(f) To construct, install, maintain and operate facilities for the
servicing of such park and for the accommodation and comfort of the
patrons, and to purchase and sell equipment and supplies as an in-
cident to the operation of its park facilities. _

(gz) To determine rates and charges for the use of its park facilities.

(h) To enforce all rules, regulations and statutes relating to tts
parks, including park zoning regulations.
(1) To exercise within its area such powers and authority with
respect to parks and park facilities as may be conferred by law upon the
governing bodies of the counties and cities of the Commonwealth.

(j) To make and enforce rules and regulations for the manage-
ment and regulation of its business and affairs and for the use, main-
tenance and operation of its facilities and properties.

(k) To engage directly or through its agents or employees in the
operation for profit of concessions in connection with its park or other
facilities, including the sale of all merchandise, sundries and service in-
cidental to such park operation, or to grant such privileges and conces-
sions to others subject to provisions prescribed elsewhere herein.

(1) To comply with the provisions of the laws of the United States
and any rules and regulations made thereunder for the expenditure of
federal moneys in connection with parks or park facilities, and to accept,
receive and receipt for federal moneys granted the Commission, or
granted any of the political subdivisions by which it is formed for park
purposes.

Section 4. The Commission established hereunder is hereby grant-
ed full power to exercise within its area the right of eminent domain in the
acquisition of any lands, easements, and privileges which are necessary for
park and park facilities purposes. Proceedings for the acquisition of
such lands, easements and privileges by condemnation may be instituted
and conducted in the name of the Commission and the procedure shall be
the same as in the acquisition of land by condemnation proceedings in-
stituted by governing bodies of counties, cities and towns.

Section 5. If the governing bodies of the said counties, cities and
town, or any two or more of them, mutually agree that an emergency
exists and that it is deemed necessary and advisable to operate certain
of the separate items or facilities that are component parts of the com-
plete park plan as presented and approved, before the whole plan is
completed and officially transferred and accepted for operation by the
Virginia Conservation Commission, the operation of such component
parts of the whole may be put into effect by the Commission provided
that it shall first receive written notice of the approval of such operation
by the governing bodies of said counties, cities and town and by the
Virginia Conservation Commission, and that such operation shall be car-
ried out in accordance with the regulations and requirements prescribed
herein, and more particularly those contained in sections three, five, six
and seven.

Section 6. The counties, cities and town for which the Commission
is formed are hereby authorized to appropriate to the Commission from
available funds, or from funds provided for the purpose by bond issues.
such funds as may be necessary for the acquisition, construction, main-
tenance and operation of parks and other park facilities. The basis of
financial participation by the counties, cities and town and the purpose
therefor shall be determined by agreement between their governing
bodies.

Section 7. The Commission shall prepare periodically and submit
to the governing bodies of the respective counties, cities and town for
which it is formed, for their approval, a budget showing the estimated
revenues it may reasonably expect to receive for such period and its
estimated expenses for all purposes for such period. After the approval
of such budget the Commission shall be limited in its expenditures for
such period to the estimated expenses shown therein and shall not com-
mit the participating subdivisions beyond appropriations actually made.
If the estimated expenditures exceed the estimated revenue from the
operation of the Commission for such period, the governing bodies of the
participating local subdivisions shall appropriate, in the proportions in
which they are financially interested in the operations of the Commission,
the funds necessary to supply the deficiency. If the actual revenue re-
ceived shall be less than the estimated revenue as approved in the bud-
get, the governing bodies of the participating local subdivisions may ap-
propriate, in the same manner, the funds necessary to supply the de-
ciency.

Section 8. All funds received by the Commission from the opera-
tion of the items or parks of the plan as is hereinbefore set forth as an
emergency possibility shall be placed in a separate account for the pur-
pose of repayment of appropriations made to the Commission by the
participating subdivisions. Such repayment shall be made on the basis
of their financial interest in the Commission. Such fund shall be used
for such purposes only with the approval of all the participating sub-
divisions and the Virginia Conservation Commission. All other funds
received by the Commission, such as Federal or State grants, shall be
kept in a separate account and transferred to the Virginia Conserva-
tion Commission at the time of the official transfer of the park, or if and
when proper accounting for such funds is required as a part of the
transfer.

Section 9. The Commission shall be an independent body cor-
porate, invested with the rights, powers and authority and charged with
the duties as set forth in this act, and the political subdivisions by which
it is created shall not be responsible for its acts. No pecuniary liability
of any kind shall be imposed upon any county, city or town creating the
Commission because of any act, agreement, contract, tort, malfeasance
or misfeasance by or on the part of the Commission or any member
thereof, or its agents, servants or employees, except as otherwise pro-
vided in this act with respect to contracts and agreements between the
Commission and any such county, city or town. Nor shall any pecumiary
liability be imposed on any individual member of the Commission, ex-
cept for his own tort, malfeasance or misfeasance.

Section 10. The State Conservation Commission shall have the
right of approval of all plans and contracts in the construction and op-
eration of the park. Except in cases of emergency, all contracts of more
than five thousand dollars that the Commission may let for construction
or materials, shall be let after public advertising for at least ten days,
stating the place where bidders may examine the plans and specifications
and the time and place where bids for such work or materials will be
opened. Reasonable deposits may be required of all bidders, and the
contract shall be let to the lowest responsible bidder, who shall give
bond or other security for the faithful performance of the contract.
Section 11. No member, agent or employee of the Commission
shall contract with the Commission or be interested, either directly or
indirectly, in any contract with the Commission, or in the sale of any
property to the Commission.

Section 12. The Commission shall keep and preserve complete
records of its operations, dealings and transactions, which records shall
be open to inspection by the participating subdivisions and the Virginia
State Conservation Commission at all times. It shall make reports to
such subdivisions annually, and at such other times as they may require.

Section 13. Any county, city or town creating the Commission
may withdraw therefrom upon giving one year’s notice to the Commis-
sion and to all other participating counties, cities or towns. The political
subdivision so withdrawing shall forfeit its rights to any further repay-
ment of funds or revenue from the operations of the Commission that
may be undertaken by it under the emergency provisions, and to the re-
payment of any funds appropriated by it for capital expenditure. The
operations of the Commission may be discontinued at any time by the
unanimous action of all participating counties, cities and towns, due re-
gard being had for existing contracts and obligations. Upon the ces-
sation of its activities all of the assets of the Commission in the special
account set up for repayment purposes shall be distributed to the coun-
ties, cities and towns participating therein at the time of liquidation in
the proportion in which they are financially interested in such activities.

Section 14. On completion of the park according to the plans and
specifications mutually approved for its construction, and upon full settle-
ment of any revenue or funds of any nature received by the Commission
during its tenure of office, full accounting of which shall have been made
previously, the Commission shall transfer the park completed under the
reculations of this act, together with all the facilities, assets and accounts,
to the State Conservation Commission for operation and maintenance by
itas a State park. On completion of the work of the Commission and the
oficial transfer of the park to the Virginia Conservation Commission, the
governing bodies of the participating subdivisions shall, in a manner
mutually agreed on, terminate the Commission. a

Section 15. If any provision of this act or the application thereof
to any person or circumstance is held invalid, the remainder of this act
and the application of such provisions to other persons or circumstances
shall not be affected thereby.

Section 16. The provisions of this act and all rules and regulations
adopted hereunder shall not apply to any park or park facilities, struc-
ture and other property incidental thereto, created or set aside for such
purpose prior to the effective date of this act.

2. An emergency exists and this act is in force from its passage.