CHAPTER 401

An Act to amend and reenact §§ 1 to 5, inclusive, of Chapter 559 of the
Acts of Assembly of 1950, approved April 7, 1950, which was in-
corporated by reference by § 15-705.8 of the Code of Virginia, re-
lating to the creation of park authorities; how the same shall be gov-
erned; and powers of such authorities so as to broaden the applica-
bility of the act and the composition and powers of authorities there-
under; and to provide for the financing thereof. 9

[S 205]

Approved April 1, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 1 to 5, inclusive, of Chapter 559 of the Acts of Assembly of
1950, approved April 7, 1950, which was incorporated by reference by
§ 15-705.3 of the Code of Virginia, be amended and reenacted as follows:

5 Short title—This act shall be known and may be cited as the
“Park Authorities Act.” The act shall * apply * to all counties * and
cities of the State.

§ 2. Definitions.—As used in this Act, the following words and terms
shall have the following meanings unless the context shall indicate an-
other 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 abolish-
ed, 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 Commonwealth
of Virginia.

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

(d) The term “political subdivision” shall mean a county or munici-

lity.
am 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, com-
mission, 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 public parks and recreation areas as
the terms are generally used.
(g) The term “Federal agency” shall mean and include the United
States of America, any department or bureau thereof, the Federal Works
Agency, the Reconstruction Finance Corporation, and any other agency
or 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 ordinance
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 appropriate name and title, containing
the word “Authority” which shall be a public body politic and corporate.

Whenever an Authority has been incorporated by two or more politi-
cal subdivisions, any one or more of such political subdivisions may with-
draw therefrom, and any political subdivision not having joined in the
original incorporation may join in the Authority but no political subdivi-
sion shall be permitted to withdraw from any Authority after any obliga-
tion has been incurred by the Authority and while any such obligation re-
mains binding. :

B. Each such ordinance or resolution shall include articles of incor-
poration which shall set forth:

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

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

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

C. The governing body of each participating political subdivision
shall cause to be published at least one time in a newspaper of general
circulation in such political subdivision, a copy of such ordinance or resolu-
tion 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 gov-
erning body of the participating political subdivision, substantial opposi-
tion * to the proposed park Authority is heard, * the members of such
body may * in their discretion call for a referendum on the question of *
establishing such an Authority as prescribed in the ordinance or resolution
to be held on a date specified in a resolution of such governing body not
less than thirty nor more than sixty days from the date of adoption of
the resolution. 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 Vir-
ginia. Where two or more political subdivisions are participating in the
formation of such Authority the referendum, if any be ordered, shall be
held on the same date in all such subdivisions so participating. In any
event if ten per centum of the qualified voters in such subdivision file a
petition with the governing body at the hearing calling for a referendum
such governing body shall order a referendum as herein provided.

D. Having specified the initial * plan of organization of the Authority,
and having initiated the program, the governing bodies of any of the poli-
tical 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. * However, if the governing bodies
of the political subdivisions fail to specify any project or projects to be
undertaken, and if the governing bodies do not disapprove any project
or projects proposed by the Authority, then the Authority shall be deemed
to have all the powers granted by this Act.
§ 4. Members of Authority.—The powers of each Authority created
hereunder shall be exercised by * not less than siz members, * comprising
not less than two members, but always an even number, from each partici-
pating political subdivision, * appointed by the governing body thereof.
One half of these members first appointed by each governing body shall
serve for two years and one half shall serve for four years. After the
first appointment, the term of office of all members shall be four years.
When one or more additional political subdivisions join an existing Au-
thority, each of such participating political subdivisions shall have * not
less than two members on the * Authority. The first of such members
shall be appointed immediately upon the admission of the political sub-
division into the Authority * in the same manner as the first members of
the Authority. The members of the Authority shall elect one of their
number chairman of the Authority, and shall elect a Secretary and a
Treasurer who need not be members of the Authority. The offices of
Secretary and Treasurer may be combined. A majority of the members
of the Authority shall constitute a quorum and the vote of a majority of
members shall be necesary 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 Au-
thority. The political subdivision or subdivisions by action of whose gov-
erning body or governing bodies an Authority shall have been created and
ats members appointed hereunder may by ordinance or resolution or con-
current ordinances or resolutions creating the Authority, or by subse-
quent 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
on actual expenses necessarily incurred in the performance of his

uties.

§ 5. Powers of Authority.—Each Authority created hereunder shall
be deemed to be an instrumentality exercising public and essential gov-
ernmental 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 con-
duct of its business; |

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

(d) To maintain an office at such place or places as it may designate;

(e) To sue and be sued; —

(f) To acquire, purchase, lease as lessee, construct, reconstruct, im-
prove, extend, operate and maintain parks within or partly within and
partly without one or more of the political subdivisions by action of whose
governing body or governing bodies the Authority was created; and to
acquire by gift, purchase or the exercise of the right of eminent domain
lands or rights in land or water rights in connection therewith; and to
sell, lease as lessor, transfer or dispose of any property or interest therein
* acquired by it, at any time; provided, however, that the power of eminent
domain shall not extend beyond the geographical limits of the political sub-
division or subdivisions composing the Authority.

(g) To regulate the uses of all lands and facilities under control of
the Authority;

(h) To issue revenue bonds of the Authority, such bonds to be pay-
able solely from revenues derived from the fees and charges collected by
the use of the facilities;

(4) To accept grants from the political subdivision forming the Au-
thority, the State of Virginia, the Federal government or any other gov-
ernmental bodies;

(j) To enter into contracts with the Federal government, the Com-
monwealth of Virginia, or any agency or instrumentality thereof, or with
any unit, private corporation, copartnership, association, or individual
providing for or relating to the furnishing of park services or facilities;

(k) To contract with any municipality, county, corporation, individ-
ual or any public authority or unit of this or any adjoining State, on such
terms as the said Authority shall deem proper, for the construction, *
operation and maintenance of any park which is partly in this Common-
wealth and partly in such adjoining State;

(lL) To exercise the same rights of acquiring property for the con-
struction or improvement, maintenance or operation of a park as the county
or city or counties or cities by which such Authority is created may exer-
cise. The governing body of any unit, notwithstanding any contrary
provision of law, is hereby authorized and empowered to transfer juris-
diction over, to lease, lend, grant or convey to the Authority upon the
request of the Authority, upon such terms and conditions as the govern-
ing body of such unit may agree with the Authority as reasonable and
fair, such real or personal 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. Agreements may be entered into by the Authority
with the Commonwealth of Virginia, of any agency acting on behalf of
the Commonwealth of Virginia, for the acquisition of any lands or prop-
erty, owned and/or controlled by the Commonwealth of Virginia, for the
purposes of construction or improvement, maintenance or operation of a
park; and —

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