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					 1                                                   PROPOSED
 2                                                 CHAPTER 27 57.
 3                                          PARK AUTHORITIES ACT.
 4
 5             Chapter drafting note: There are no substantive changes in the law made in this
 6   chapter, which was enacted in 1950.
 7
 8             § 15.1-1228 15.2-5700. Short title; application.
 9             This chapter shall be known and may be cited as the "Park Authorities Act." The chapter
10   shall apply to all counties and cities localities of the Commonwealth.
11             Drafting note:     Towns are added since they are authorized to create park
12   authorities.
13
14             § 15.1-1229 15.2-5701. Definitions.
15             As used in this chapter, the following words and terms shall have the following meanings
16   mean unless the context shall indicate another meaning or intent: otherwise:
17             (a) The word "authority" shall mean “Authority” means an authority created under the
18   provisions of § 15.1-1231 15.2-5702 or, if any such authority shall be abolished, the board, body,
19   or commissions entity succeeding to the principal functions thereof or to whom the powers given
20   by this chapter to such authority shall be given by law.
21             (b) The word "county" shall mean any county in the Commonwealth of Virginia.
22             (c) The word "municipality" shall mean any city or town incorporated under the laws of
23   the Commonwealth of Virginia.
24             (d) The term "political subdivision" shall mean a county or municipality.
25             (e) The term "governing body" shall mean in the case of a county the board of
26   supervisors and in the case of a municipality the board, commission, council or other body by
27   whatever name it may be known, in which the general legislative powers of the municipality are
28   vested.
29             (g) The term "federal agency" shall mean and include “Federal agency” means the United
30   States of America, and any department or bureau thereof, the Federal Works Agency, the




                                                      1284
 1   Reconstruction Finance Corporation, and any other agency or instrumentality of the United
 2   States of America heretofore established or which may be established or created hereafter.
 3           (f) The term "park" shall mean “Park” means public parks and recreation areas as the
 4   terms are generally used.
 5           Drafting note: No substantive change in the law. The existing citation in the
 6   second paragraph is incorrect. Definitions are deleted because they duplicate definitions
 7   in § 15.2-101. The word “locality” is used in place of “political subdivision” throughout
 8   the chapter for continuity in language in the title.             The remaining definitions are
 9   alphabetized.
10
11           § 15.1-1230 15.2-5702. Creation of authorities.
12           A. The governing body of a political subdivision A locality may by ordinance or
13   resolution, or the governing bodies of two or more political subdivisions localities may by
14   concurrent ordinances or resolutions, signify their intention to create a park authority, under an
15   appropriate name and title, containing the word "authority" which shall be a public body politic
16   and corporate.
17           Whenever an authority has been incorporated by two or more political subdivisions
18   localities, any one or more of such political subdivisions the localities may withdraw therefrom,
19   and any political subdivision not having joined in the original incorporation may join in the
20   authority but no political subdivision locality shall be permitted to withdraw from any authority
21   after any obligation has been incurred by the authority and while any such obligation remains
22   binding that has outstanding obligations unless United States securities have been deposited for
23   their payment or without unanimous consent of all holders of the outstanding obligations.
24           Other localities may join the authority as provided in the ordinances or resolutions.
25           B. Each such ordinance or resolution shall include articles of incorporation which shall
26   set setting forth:
27           (a) 1. The name of the "authority" and the address of its principal office.
28           (b) 2. The name of each incorporating political subdivision locality, together with the
29   names, addresses and terms of office of the first members of the board of said the authority.
30           (c) 3. The purpose or purposes for which the authority is to be created.




                                                    1285
 1          C. The governing body of each Each participating political subdivision locality shall
 2   cause to be published at least one time in a newspaper of general circulation in such political
 3   subdivision its locality, a copy of such the ordinance or resolution together with a notice stating
 4   that on a day certain, not less than ten days after publication of said the notice, a public hearing
 5   will be held on such ordinance or resolution. If at such the hearing, in the judgment of the
 6   governing body of the participating political subdivision, substantial opposition to the proposed
 7   park authority is heard, the members of such body the participating localities’ governing bodies
 8   may in their discretion call for a referendum on the question of establishing such an authority as
 9   prescribed in the ordinance or resolution to be held on a date specified in a resolution of such
10   governing body. The request for a referendum shall be initiated by resolution of the governing
11   body directed to the election officials of and filed with the clerk of the circuit court for the
12   county or city and the same shall conform to the provisions of § 24.1-165 locality. The court
13   shall order the referendum as provided for in § 24.2-681 et seq. Where two or more political
14   subdivisions localities are participating in the formation of such an authority the referendum, if
15   any be ordered, shall be held on the same date in all such subdivisions localities so participating.
16   In any event if ten per centum percent of the qualified registered voters in such subdivision file
17   locality file a petition with the governing body at the hearing calling for a referendum such
18   governing body shall order request a referendum as herein provided.
19          D. Having specified the initial plan of organization of the authority, and having initiated
20   the program, the governing bodies of any of the political subdivisions localities organizing such
21   authority may, from time to time, by subsequent ordinance or resolution, after public hearing,
22   and with or without referendum, specify further parks to be acquired and maintained by the
23   authority, and no other parks shall be acquired or maintained by the authority than those so
24   specified. However, if the governing bodies of the political subdivisions localities fail to specify
25   any project or projects to be undertaken, and if the governing bodies do not disapprove any
26   project or projects proposed by the authority, then the authority shall be deemed to have all the
27   powers granted by this chapter.
28          Drafting note:     No substantive change in the law; excess language is deleted.
29   Outstanding obligation language concerning withdrawal tracks language for withdrawal
30   from a water and sewer authority; language pertaining to a referendum updated to current
31   law.



                                                    1286
 1
 2          § 15.1-1231 15.2-5703. Members of authority; appointment, terms, compensation, etc.;
 3   officers, quorum.
 4          Each authority created hereunder, whether created by single or multiple political
 5   subdivisions localities, shall be governed by a board of not less than six members, but always an
 6   even number, appointed by the governing body of the political subdivision locality. The board
 7   members shall be appointed for staggered four-year terms. Members of the governing body may
 8   be appointed to the board but shall not comprise a majority thereon.
 9          When an authority is created by participating political subdivisions localities, each shall
10   appoint at least two members, one of whom may be a member of the governing body. One-half
11   of the members first appointed by each governing body shall serve for two years and one-half
12   shall serve for four years. After the first appointment, the term of office of all members shall be
13   four years. When one or more additional political subdivisions localities join an existing
14   authority, each of such participating political subdivisions localities shall have not less than two
15   members on the authority authority’s board. The first of such members shall be appointed
16   immediately upon the admission of the political subdivision locality into the authority in the
17   same manner as were the first members of the authority.
18          The members of the board of the authority shall elect one of their number chairman of the
19   authority, and shall elect a secretary and a treasurer who need not be members of the board of the
20   authority. The offices of secretary and treasurer may be combined. A majority of the members of
21   the authority shall constitute a quorum and the vote of a majority of such quorum shall be
22   necessary for any action taken by the authority. No vacancy in the membership of the board of
23   the authority shall impair the right of a quorum to exercise all the rights and perform all the
24   duties of the authority.
25          The political subdivision or subdivisions by action of whose governing body or
26   governing bodies an localities Localities which created or thereafter joined the authority shall
27   have been created and its members appointed hereunder may, by ordinance or resolution or
28   concurrent ordinances or resolutions, may provide for the payment of compensation to the
29   members of the authority; provided no compensation shall be paid for meetings not attended and
30   for the reimbursement to each member of the authority the amount of his actual expenses
31   necessarily incurred in the performance of that member's duties.



                                                    1287
 1          Drafting note: No substantive change in the law. Changes are made for clarity.
 2
 3          § 15.1-1232 15.2-5704. Powers of authority.
 4          Each authority created hereunder shall be deemed to be an instrumentality exercising
 5   public and performing essential governmental functions to provide providing for the public
 6   health and welfare, and each such authority is hereby authorized and empowered:
 7          (a) 1. To have existence for such term of years as specified by the participating political
 8   subdivisions localities;
 9          (b) 2. To adopt bylaws for the regulation of its affairs and the conduct of its business;
10          (c) 3. To adopt an official seal and alter the same at pleasure;
11          (d) 4. To maintain an office at such place or places as it may designate;
12          (e) 5. To sue and be sued;
13          (f) 6. To acquire, purchase, lease as lessee, construct, reconstruct, improve, extend,
14   operate and maintain parks within, or partly within and partly without outside, one or more of the
15   participating political subdivisions by action of whose governing body or governing bodies the
16   authority was created localities; and to acquire by gift, purchase or the exercise of the right of
17   eminent domain lands or rights in land or water rights in connection therewith; and to sell, lease
18   as lessor, transfer or dispose of any property or interest therein acquired by it, at any time;
19   provided, however, that the power of eminent domain shall not extend beyond the geographical
20   limits of the political subdivision or subdivisions localities composing the authority;
21          (g) 7. To regulate the uses of all lands and facilities under control of the authority;
22          (h) 8. To issue revenue bonds and revenue refunding bonds of the authority, such bonds
23   to be payable solely from revenues derived from the use of the facilities or the furnishing to any
24   political subdivision of park services;
25          (i) 9. To accept grants and gifts from the political subdivision localities forming or
26   thereafter joining the authority, the Commonwealth of Virginia, the federal government or any
27   other governmental bodies or political subdivisions, and from any unit, private corporation,
28   copartnership, association or individual other person;
29          (j) 10. To enter into contracts with the federal government, the Commonwealth of
30   Virginia, any political subdivision, or any agency or instrumentality thereof, or with any unit,




                                                    1288
 1   private corporation, copartnership, association, or individual other person providing for or
 2   relating to the furnishing of park services or facilities;
 3           (k) 11. To contract with any municipality, county, corporation, individual person or any
 4   public authority or unit political subdivision of this or any adjoining state, on such terms as the
 5   said authority shall deem proper, for the construction, operation and maintenance of any park
 6   which is partly in this Commonwealth and partly in such adjoining state;
 7           (l) 12. To exercise the same rights of for acquiring property for the construction or
 8   improvement, maintenance or operation of a park as the county or, city locality or counties or,
 9   cities localities by which such authority is created may exercise. The governing body of any unit
10   participating locality, notwithstanding any contrary provision of law, general or special, is
11   hereby authorized and empowered to transfer jurisdiction over, to lease, lend, grant or convey to
12   the authority, upon the request of the authority, upon such terms and conditions as the governing
13   body of such unit locality may agree with the authority as reasonable and fair, such real or
14   personal property as may be necessary or desirable in connection with the acquisition,
15   construction, improvement, operation or maintenance of a park, including public roads and other
16   property already devoted to public use. Agreements may be entered into by the authority with the
17   Commonwealth of Virginia, or any agency acting on behalf of the Commonwealth of Virginia,
18   for the acquisition of any lands or property, owned and/or controlled by the Commonwealth of
19   Virginia, for the purposes of construction or improvement, maintenance or operation of a park;
20           (m) 13. In the event of annexation by a municipality not a member of the authority of
21   lands, areas, or territory served by the authority, then such authority may continue to do business,
22   exercise its jurisdiction over properties and facilities in and upon or over such lands, areas or
23   territory as long as any bonds or indebtedness remain outstanding or unpaid, or any contracts or
24   other obligations remain in force;
25           (n) 14. To make and enter into all contracts and agreements necessary or incidental to the
26   performance of its duties and the execution of its powers under this chapter, including a trust
27   agreement or trust agreements securing any revenue bonds or revenue refunding bonds issued
28   hereunder;
29           (o) 15. To do all acts and things necessary or convenient to carry out the powers granted
30   by this chapter;




                                                      1289
 1             (p) 16. To borrow, at such rates of interest as the law authorizes, from the federal
 2   government or any agency thereof, individuals, partnerships, or private or municipal
 3   corporations, for the purpose of acquiring parklands and improvements thereon,; to issue its
 4   notes, bonds or other obligations,; to secure such obligations by mortgage or pledge of the
 5   property and improvements being acquired and the income derived therefrom,; and to use any
 6   revenues and other income of the authority for payment of interest and retirement of principal of
 7   such obligations; provided that prior approval of the governing body of the county or city
 8   locality shall be obtained by an authority that was created by a single political subdivision
 9   locality. Any county, city or town locality which has formed or joined an authority may lend
10   money to such the authority. The power to borrow set forth in this subdivision shall be in
11   addition to the power to issue revenue bonds and revenue refunding bonds set forth in
12   subdivision (h) of this section and § 15.1-1237 15.2-5712. Notes, bonds or other obligations
13   issued under this subdivision shall not be deemed to constitute a debt of the Commonwealth or of
14   any political subdivision of the Commonwealth or a pledge of the faith and credit of the
15   Commonwealth or of any political subdivision of the Commonwealth; and
16             (q) 17. To adopt such rules and regulations from time to time, not in conflict with the
17   laws of this Commonwealth, concerning the use of properties under its control as will tend to the
18   protection of such property and the public thereon. No such rule or regulation shall be adopted
19   until after descriptive notice of an intention to propose such rule or regulation for passage has
20   been published in accordance with the procedures required for the adoption of general county
21   ordinances and emergency county ordinances as set forth in § 15.1-504 15.2-1427, mutatis
22   mutandis. The full text of any proposed rule or regulation shall be available for public inspection
23   and copying during regular office hours of the authority at a place designated in the published
24   notice.
25             Drafting note: No substantive change in the law.
26
27             § 15.1-1232.1 15.2-5705. Violation of rules and regulations.
28             Any violation of any such rule and regulation adopted pursuant to provision 17 of §
29   15.1-1232 (q) 15.2-5704 shall constitute a Class 4 misdemeanor.
30             Drafting note: No change.
31



                                                     1290
 1          § 15.1-1232.2 15.2-5706. Appointment of special conservators of the peace.
 2          The chairman of the board of any authority created pursuant to the provisions of this
 3   chapter may apply to the circuit court of for any county or city locality for the appointment of
 4   one or more special conservators of the peace under procedures specified by § 19.2-13. Any such
 5   special conservator of the peace shall have, within the lands and facilities, controlled by such
 6   authority, the powers, functions, duties, responsibilities and authority of any other conservator of
 7   the peace.
 8          Drafting note: No substantive change in the law.
 9
10          § 15.1-1232.3 15.2-5707. Recordation of conveyances of real estate to park authorities.
11          No deed purporting to convey real estate to a park authority shall be recorded unless
12   accepted by a person authorized to act on behalf of the park authority, which acceptance shall
13   appear on the face thereof.
14          Drafting note: No change.
15
16          § 15.1-1233 15.2-5708. Exemption from taxation.
17          No authority shall be required to pay any taxes or assessments upon any park acquired
18   and constructed by it under the provisions of this chapter.
19          Drafting note: No change.
20
21          § 15.1-1234 15.2-5709. Rates and charges.
22          The authority is hereby authorized to fix and revise from time to time rates, fees and
23   other charges for the use of and for the services furnished or to be furnished by any park.
24          Drafting note: No change.
25
26          § 15.1-1235 15.2-5710. Trust funds Funds.
27          All moneys received pursuant to the authority of powers granted in this chapter shall be
28   deemed to be trust funds, to be held and applied solely as provided in this chapter. The resolution
29   of the authority shall provide that any officer to whom, or any bank, trust company or other fiscal
30   agent to which, such moneys shall be paid shall act as trustee of such moneys and shall hold and




                                                    1291
 1   apply the same for the purposes hereof, subject to such regulations as such resolution or trust
 2   agreement the authority may provide.
 3          Drafting note: The use of the phrase “trust fund” is eliminated since there is no
 4   actual trust involved.
 5
 6          § 15.1-1236 15.2-5711. Conveyance or lease of park to authority; contract for park
 7   services; when referendum required before certain contracts made.
 8          Each county, municipality locality and other public body is hereby authorized and
 9   empowered:
10          (a) 1. To convey or lease to any authority created hereunder, with or without
11   consideration, any park upon such terms and conditions as the governing body thereof shall
12   determine to be for the best interests of such county, municipality locality or other public body;
13   and
14          (b) 2. To contract with any authority created hereunder for park services; provided,
15   however, that no political subdivision locality shall enter into any contract with an authority
16   involving payments by such political subdivision locality to such authority for park services
17   which requires the political subdivision locality to incur an indebtedness extending beyond any
18   one fiscal year, unless the question of entering into such contract shall first be submitted to the
19   qualified voters of the political subdivision locality for approval or rejection by a majority vote
20   of such qualified voters voting in an election on such question; provided that nothing. Nothing
21   herein contained shall prevent any political subdivision locality from making a voluntary
22   contribution to any authority at any time.
23          In the event that the governing body of a political subdivision locality shall desire to
24   contract with an authority under the provisions of this subdivision, such governing body shall
25   adopt a resolution stating in brief and general terms the substance of the proposed contract for
26   park services and requesting the circuit court, or any judge thereof, in and for the county in
27   which such political subdivision is located locality to order an election upon the question of
28   entering into such contract. A copy of such resolution, certified by the clerk of such the
29   governing body, shall be filed with the judge of such the circuit court who shall thereupon make
30   enter an order requiring the judges of election on the day fixed in such order, not less than ten
31   days nor more than thirty days from the date of such order, to open a poll and take the sense of



                                                   1292
 1   the qualified voters in the political subdivision on the question of entering into such contract in
 2   accordance with § 24.2-681 et seq. Notice of such election in the form prescribed by the judge of
 3   the circuit court entered and paid for by the locality shall be published at least once in a
 4   newspaper of general circulation in the political subdivision locality at least ten days before the
 5   election.
 6          The regular election officers of the political subdivision, at the time designated in such
 7   order authorizing such vote, shall open the polls at the various voting places in the political
 8   subdivision and shall conduct such election in such manner as is provided by law for other
 9   elections. The question to be submitted to the voters for determination shall include the names of
10   the political subdivision locality and the authority between whom the contract is proposed; and
11   the nature, duration and cost of such contract. The votes shall be counted, returns made and
12   canvassed as in other special elections and the results certified by the commissioners of election
13   to the circuit court of the county or a judge thereof in vacation. If it shall appear by the report of
14   the commissioners of election that a majority of the qualified voters of the political subdivision
15   voting on the question approve such contract for park services, the circuit court or a judge
16   thereof in vacation shall forthwith enter an order authorizing the governing body of the political
17   subdivision to enter into such contract.
18          Drafting note:      No substantive change in the law; excess language is deleted;
19   language pertaining to the election is updated to current law.
20
21          § 15.1-1237 15.2-5712. Revenue bonds.
22          Each authority is hereby authorized to issue, at one time or from time to time, revenue
23   bonds of the authority for the purpose of acquiring, purchasing, constructing, reconstructing,
24   improving or extending parks and acquiring necessary land or equipment therefor, and revenue
25   refunding bonds of the authority for the purpose of refunding any revenue bonds outstanding
26   under the provisions of this chapter. The bonds of each issue shall be dated, shall mature at such
27   time or times not exceeding forty years from their date or dates and shall bear interest at such
28   rate or rates not exceeding six per centum per annum as authorized by law, as may be determined
29   by the authority, and. Bonds may be made redeemable before maturity, at the option of the
30   authority at such price or prices and under such terms and conditions as may be fixed by the
31   authority prior to the issuance of the bonds. The authority shall determine the form of the bonds,



                                                     1293
 1   including any interest coupons to be attached thereto, and the manner of execution of the bonds,
 2   and shall fix the denomination or denominations of the bonds and the place or places of payment
 3   of principal and interest, which may be at any bank or trust company within or without outside
 4   the Commonwealth. In case any officer whose signature or a facsimile of whose signature shall
 5   appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds,
 6   such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the
 7   same as if he had remained in office until such delivery. Notwithstanding any of the other
 8   provisions of this chapter or any recitals in any bonds issued under the provisions of this chapter,
 9   all such bonds shall be deemed to be negotiable instruments under the laws of this
10   Commonwealth. The bonds may be issued in coupon or registered form or both, as the authority
11   may determine, and provision may be made for the registration of any coupon bonds as to
12   principal alone and also as to both principal and interest, and for the reconversion into coupon
13   bonds of any bonds registered as to both principal and interest. The authority may sell such
14   bonds in such manner, either at public or private sale, and for such price, as it may determine to
15   be for the best interests of the authority, but no such sale shall be made at a price so low as to
16   require the payment of interest on the money received therefor at more than six per centum per
17   annum, computed with relation to the absolute maturity or maturities of the bonds in accordance
18   with standard tables of bond values, excluding, however, from such computation the amount of
19   any premium to be paid on redemption of any bonds prior to maturity.
20          The resolution providing for the issuance of revenue bonds, and any trust agreement
21   securing such bonds, may also contain such limitations upon the issuance of additional revenue
22   bonds as the authority may deem proper, and such additional bonds shall be issued under such
23   restrictions and limitations as may be prescribed by such resolution or trust agreement.
24          Bonds may be issued under the provisions of this chapter without obtaining the consent
25   of any commission, board, bureau or agency of the Commonwealth of Virginia or of any
26   political subdivision, and without any other proceedings or the happening of other conditions or
27   things than those proceedings, conditions or things which are specifically required by this
28   chapter.
29          Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt
30   of the Commonwealth or of any political subdivision of the Commonwealth or a pledge of the




                                                    1294
 1   faith and credit of the Commonwealth or of any political subdivision of the Commonwealth, but
 2   such bonds shall be payable solely from revenues of the authority as provided herein.
 3          Drafting note: No substantive change in the law; interest rates paid are governed
 4   by § 2.1-326.1.
 5
 6          § 15.1-1238 15.2-5713. Same; for water or sewer systems, etc.
 7          An authority created under the provisions of this chapter is hereby authorized to provide
 8   by resolution, at one time or from time to time, for the issuance of revenue bonds of the authority
 9   for the purpose of paying the whole or any part of the cost of any water system, sewer system,
10   sewage disposal system, or garbage and refuse collection and disposal system, or any
11   combination of any thereof and for improvement and maintenance of any such system. The
12   principal of and the interest on such bonds shall be payable solely from the funds herein provided
13   for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates
14   not exceeding five per centum per annum as may be authorized by law, shall mature at such time
15   or times not exceeding twenty years from their date or dates, as may be determined by the
16   authority, and may be made redeemable before maturity, at the option of the authority, at such
17   price or prices and under such terms and conditions as may be fixed by the authority prior to the
18   issuance of the bonds.
19          Revenue bonds issued under the provisions of this chapter shall not be deemed to
20   constitute a debt of the Commonwealth or of any incorporating or participating political
21   subdivision locality, or a pledge of the faith and credit of the Commonwealth or of any
22   incorporating or participating political subdivision locality.
23          Drafting note: No substantive change in the law. Interest rates paid are governed
24   by § 2.1-326.1.
25
26          § 15.1-1238.1 15.2-5714. Bonds mutilated, lost or destroyed.
27          Should any bond issued under this chapter become mutilated or be lost or destroyed, the
28   authority may cause a new bond of like date, number and tenor to be executed and delivered in
29   exchange and substitution for, and upon cancellation of, such mutilated bond and its coupons, or
30   in lieu of and in substitution for such lost or destroyed bond and its unmatured coupons. Such
31   new bond or coupon shall not be executed or delivered until the holder of the mutilated, lost or



                                                     1295
1   destroyed bond (1) (i) has paid the reasonable expense and charges in connection therewith; and
2   (2) (ii) in the case of a lost, or destroyed bond, has filed with the authority and its treasurer
3   satisfactory evidence that such bond was lost or destroyed and that the holder was the owner
4   thereof; and (3) (iii) has furnished indemnity satisfactory to its treasurer.
5          Drafting note: No substantive change in the law.




                                                    1296

				
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