CHAPTER 559

AN .ACT providing for the incorporation as bodies corporate and
politic of “park authorities” for certain counties and munict-
palities; prescribing the rights, powers and duties of such au-
thorities; and. authorizing such authorities to acquire, con-
struct, reconstruct, improve and extend parks ; to confer certain
powers, rights and duties upon certain political subdivisions in
relation to parks.

[H 728]

Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. Short title—This act shall be known and may be cited
as the “Park Authorities Act”. The act shall only apply in counties
having a population of one thousand or more per square mile,
counties adjoining any such county, and cities and towns lying
in or adjoining such county.

§ 2. Definitions——As used in this act, the following words
and terms shall have the following meanings unless the context
shall indicate another meaning or intent: .

(a) The word “Authority” shall mean an Authority created
under the provisions of § 3 of this act or, if any such Authority
shall be abolished, the board, body, or commission succeeding to
the principal functions thereof or to whom the powers given by
this act to such Authority shall be given by law.

(b) The word “county” shall mean any county in the Common-
wealth of Virginia.

(c) The word “municipality” shall mean any city or town
incorporated under the laws of the Commonwealth of Virginia.

(d) The term “political subdivision” shall mean a county or
municipality.

(e) The term “governing body” shall mean in the case of a
county the board of supervisors and in the case of a municipality
the board, commission, council or other body by whatever name it
may be known, in which the general legislative powers of the
municipality are vested.

(f) The term “park” shall mean parks as the term is generally
used.

(zg) The term “Federal agency” shall mean and include the
United States of America, any department or bureau thereof, the
Federal Works Agency, the Reconstruction Finance Corporation,
and any other agency or instrumentality of the United States of
America heretofore ‘established or which may be established or
created hereafter.

§ 3. Creation of Authorities.
A. The governing body of a political subdivision, may by ordi-
nance or resolution, or the governing bodies of two or more
political subdivisions may by concurrent ordinances or resolutions,
signify their intention to create a park authority, under an appro-
priate name and title, containing the word “Authority”, which
shall be a public body politic and corporate,

B. Each such ordinance or resolution shall include articles
of incorporation which shall set forth:

(a) The name of the “Authority” and address of its principal
office.

(b) The name of each incorporating political subdivision, to-
gether with the names, addresses and terms of office of the first
members of the board of said Authority.

(c) The purpose or purposes for which the Authority is to be
created.

C. The governing body of each participating political subdi-
vision shall cause to be published at least one time in a newspaper
of general circulation in such political subdivision, a copy of such
ordinance or resolution together with a notice stating that on a
day certain, not less than ten days after publication of said notice,
a public hearing will be held on such ordinance or resolution. If
at such hearing, in the judgment of the governing body of the par-
ticipating political subdivision, substantial opposition by prospec-
tive users of the proposed park is heard, they may at their discre-
tion call for a referendum on the question of acquiring and main-
taining the park named in such ordinance or resolution to be held
on a date specified in a resolution of such governing body not less
than thirty nor more than sixty days from the date of adoption of
the resolution. The referendum shall be initiated by resolution of
the governing body directed to the election officials of the county
or city and the same shall conform to the provisions of § 24-141 of
the Code of 1950. Where two or more political subdivisions are
participating in the formation of such Authority the referendum,
if any be ordered, shall be held on the same date in all such sub-
divisions so participating. In any event if ten per centum of the
qualified voters in such subdivision file a petition with the govern-
ing body at the hearing calling for a referendum such governing
body shall order a referendum as herein provided.

D. Having specified the initial parks to be acquired and main-
tained by the Authority, the governing bodies of any of the political
subdivisions organizing such Authority may, from time to time by
subsequent ordinance or resolution, after public hearing, and with
or without referendum, specify further parks to be acquired and
maintained by the Authority, and no other parks shall be acquired
or maintained by the Authority than those so specified.

Whenever an Authority has been incorporated by two or more
political subdivisions, any one or more of such political subdivisions
may withdraw therefrom, and any political subdivision not having
joined in the original incorporation may join in the Authority but
no political subdivision shall be permitted to withdraw from any
Authority after any obligation has been incurred by the Authority.

§ 4. Members of Authority—The powers of each Authority
created hereunder shall be exercised by five members, or not less
than one member from each participating political subdivision,
selected in the manner and for the terms provided by the ordinance
or resolution or concurrent ordinances or resolutions creating the
Authority, which shall name the first members and their respective
terms of office. No member shall be appointed for a term of more
than four years. When one or more additional political subdivi-
sions join an existing Authority, each of such joining political sub-
divisions shall have one member on the board. The first of such
members shall be appointed immediately upon the admission of the
political subdivision into the Authority for a full term of years
equal to that fixed for the other members of the board. No member
of the board shall be appointed for a term longer than four years.
The members of the Authority shall elect one of their number
chairman of the Authority, and shall elect a Secretary and a Treas-
urer who need not be members of the Authority. The offices of
Secretary and Treasurer may be combined. A majority of the mem-
bers of the Authority shall constitute a quorum and the vote of a
majority of members shall be necessary for any action taken by the
Authority. No vacancy in the membership of the Authority shall
impair the right of a quorum to exercise all the rights and perform
all the duties of the Authority. The political subdivision or sub-
divisions by action of whose governing body or governing bodies an
Authority shall have been created hereunder may by ordinance or
resolution or concurrent ordinances or resolutions creating the
Authority, or by subsequent ordinance or resolution or concurrent
ordinances or resolutions, provide for the payment of compensation
to the members of the Authority and for the reimbursement to each
member of the Authority of the amount of his actual expenses
necessarily incurred in the performance of his duties.

§ 5. Powers of Authority.—Each Authority created hereunder
shall be deemed to be an instrumentality exercising public and
essential governmental functions to provide for the public health
and welfare, and each such Authority is hereby authorized and
empowered : .

(a) To have existence for such term of years as specified by
the participating political subdivisions;

(b) To adopt by-laws for the regulation of its affairs and the
conduct of its business;

(c) To adopt an official seal and alter the same at pleasure;

(d) To maintain an office at such place or places as it may
designate ;
(e) To sue and be sued;

(f) To acquire, purchase, lease as lessee, construct, recon-
struct, improve, extend, operate and maintain parks within or
partly within and partly without one or more of the political sub-
divisions by action of whose governing body or governing bodies
the Authority was created, and to acquire by gift, purchase or the
exercise of the right of eminent domain lands or rights in land or
water rights in connection therewith; and to sell, lease as lessor,
transfer or dispose of any property or interest therein at any
time acquired by it;

(g) To enter into contracts with the Federal Government, the
Commonwealth of Virginia, or any agency or instrumentality
thereof, or with any unit, private corporation, copartnership, as-
sociation, or individual providing for or relating to the furnish-
ing of parks;

(h) To contract with any municipality, county, corporation,
individual or any public Authority or unit of this or any adjoin-
ing state, on such terms as the said Authority shall deem proper,
for the construction and operation of any park which is partly
in this Commonwealth and partly in such adjoining state;

(1) To make and enter into all contracts or agreements, as
the Authority may determine, which are. necessary or incidental
to the performance of its duties and to the execution of the
powers granted by this act, including contracts with any Federal
agency or with any unit, on such terms and conditions as the
Authority may approve, relating to (1) the use by such agency or
by such unit or the inhabitants thereof of any park acquired or
constructed by the Authority under this act, or (2) any such con-
tract shall be subject to such provisions, limitations or conditions
as may be contained in the resolution of the Authority. Any such
contract may provide for the collecting of fees, rates or charges
for the services rendered to a unit or to the inhabitants thereof.

(j) To enter upon, use, occupy, and dig up any street, road,
highway or private or public lands necessary to be entered upon,
used or occupied in connection with the acquisition, construction
or improvement, maintenance or operation of a park, subject, how-
ever, to such reasonable local police regulation as may be estab-
lished by the governing body of any unit having jurisdiction in
the particular respect. The governing body of any unit, notwith-
standing any contrary provision of law, is hereby authorized and
empowered to transfer jurisdiction over, to lease, lend, grant or
convey to the Authority upon the request of the Authority, upon
such terms and conditions as the governing body of such unit may
agree with the Authority as reasonable and fair, such real or per-
sonal property as may be necessary or desirable in connection
with the acquisition, construction, improvement, operation or
maintenance of a park, including public roads and other property
already devoted to public use. The Commonwealth of Virginia
hereby consents to the use of all lands above or under water and
all highways owned or controlled by it which are necessary for
the construction, improvement, operation or maintenance of any
such park; and

(k) In the event of any annexation by a municipality not a
member of the Authority of lands, areas, or territory served by the
Authority, to continue to do business, exercise its jurisdiction over
its properties and facilities in and, upon or over such lands, areas
or territory as long as any bonds or indebtedness remain outstand-
ing Or unpaid, or any contracts or other obligations remain in
force.

§ 6. Exemption from taxation.—No authority shall be re-
quired to pay any taxes or assessments upon any park acquired
and constructed by it under the provisions of this act.

§ 7. Rates and charges.—The Authority is hereby authorized
to fix and revise from time to time rates, fees and other charges
for the use of and for the services furnished or to be furnished by
any park.

§ 8 Trust funds.—All moneys received pursuant to the
authority of this act shall be deemed to be trust funds, to be held
and applied solely as provided in this act. The resolution of the
Authority shall provide that any officer to whom, or any bank,
trust company or other fiscal agent to which, such moneys shall
be paid shall act as trustee of such moneys and shall hold and
apply the same for the purposes hereof, subject to such regulations
as such resolution or trust agreement may provide.

§ 9. Miscellaneous.—Each county, municipality and other
public body is hereby authorized and empowered:

(a) to convey or lease to any authority created hereunder.
with or without consideration, any park upon such terms and con-
ditions as the governing body thereof shall determine to be for
the best interests of such county, municipality or other public
body;

(b) to contract with any authority created hereunder for park
services.

§ 10. Severability—The provisions of this act are severable,
and it is the intention to confer the whole or any part of the
powers herein provided for, and if any of the provisions of this
act shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or impair
any of the remaining provisions of this act. It is hereby declared
to be the legislative intent that this act would have been adopted
had such unconstitutional provision not been included therein.