(10) To spend its revenues, or any funds appropriated to carry out the purposes of this Act;

(11) In accordance with the provisions of section 15 of the Act approved August 2, 1946 (60 Stat. 806, 810; 5 U.S.C.A. 55a), to employ, or to enter into contracts with, consulting engineers, architects, accountants, legal counsel, construction and financial consultants, managers, superintendents, and such other consultants and technical experts as in the opinion of the Parking Board may be necessary or desirable;

(12) To enter into all contracts and agreements, in addition to those otherwise mentioned herein, necessary or incidental to the performance of the functions of the Parking Board and the execution of its powers under this Act. Except as otherwise provided in this Act, all such contracts or agreements shall be subject to competitive bidding unless the value thereof does not exceed $1,000;

(13) To sell, exchange, transfer, or assign any property, real or personal, or any interest therein, acquired under the authority of this Act, whether or not improved: Provided, That such action shall be in accordance with the general law covering the disposal of such property by the District: Provided further, That the Parking Board shall have first determined, after public hearing that any such real property is 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 of Columbia.

(b) Notwithstanding the provisions of paragraph 13 of subsection (a) of this section, the Parking Board shall not have the authority to exchange 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.

[S. 944 and all House bills but H.R. 2316 also guarantee to the owners of property condemned by the Board a reasonable opportunity to reacquire same for the amount paid by the Board, plus improvements, if the Board wishes to exchange said property within 1 year of its acquisition. [H.R. 2316, H.R. 5274 and H.R. 9389 require all contracts for $1,000 or above to be subject to competitive bidding. H.R. 14053 and S. 944 require competitive bidding for contracts of $2,500 or above.]

COMMISSIONERS AUTHORIZED TO PROVIDE ASSISTANCE TO PARKING BOARD SEC. 21. (a) The Commissioners are authorized to aid and cooperate in the planning, undertaking, construction, reconstruction, extension, improvement, maintenance, or operation of any parking facility established pursuant to this Act by providing, subject to reimbursement, such services, assistance, or facilities as the Parking Board may request.

(b) Subject to the reimbursement to the District of Columbia 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 number of employees of the District of Columbia as the Parking 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 Classification Act of 1949, as amended.

(c) The provisions of the second paragraph under the caption "For Metropolitan Police" in the first section of the Act entitled "An Act making appropriations to provide 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 (30 Stat. 1045, 1057, ch. 422; sec. 4-115, D.C. Code, 1961 edition), authorizing the Commissioners to appoint special policemen for duty in connection with the property of corporations and individuals, shall be applicable with respect to the property of the Parking Board.

(d) The Corporation Counsel of the District of Columbia is authorized and directed in all matters to act as counsel for the Parking Board, except insofar as the Parking Board may find it necessary or convenient to retain outside legal counsel.

PARKING FACILITIES IN CONNECTION WITH NEW CONSTRUCTION

SEC. 22. The first section of the Act entitled "An Act providing for the zoning of the District of Columbia and the regulation of the location, height, bulk, and uses of buildings and other structures and of the uses of land in the District of Columbia, and for other purposes", approved June 20, 1938 (52 Stat. 797), as amended (1) by striking out "That to promote" and inserting in lieu thereof "That (a) to promote", and (2) by adding at the end thereof the following new subsection:

"(b) The Zoning Commission shall, after consultation with the District of Columbia Parking Board, issue regulations to require, with respect to buildings erected in the central business district of the District of Columbia after the expiration of the one hundred and twenty day period following the effective date of the District of Columbia Parking Facility Act, that reasonable facilities on the premises or off the premises be provided for the offstreet parking of motor vehicles of the owners, occupants, tenants, patrons, and customers of such building, and of the businesses, trades, and professions conducted therein." The Commission may, however, provide by regulation for waiver of such requirement when, in its judgment, the building site is too small reasonably to accommodate parking facilities on the premises to be erected, or when, in the judgment of the Director of the District of Columbia Department of Highways and traffic, provision of parking facilities on or off the premises would interfere with the efficient flow of pedestrian or vehicular traffic, or when, in the judgment of the National Capital Planning Commission, provision of parking facilities on or off the premises would be incompatible with the plans and recommendations of the Commission made pursuant to law Where such waiver is granted, the owner of the building to be erected shall agree to pay to the Parking Board a sum of money which represents an equitable contribution toward the costs of providing parking facilities under the provisions of this Act. The Parking Board, with the advice and assistance of the Parking Advisory Council, shall establish general regulations to govern the computation of such contribution.

DEFINITIONS

SEC. 23. As used in this Act, the term

(1) "District" means the District of Columbia;

(2) "Commissioners" means the Commissioners of the District of Columbia;

(3) "Person" means an individual, firm, copartnership, association, of corporation (including a nonprofit corporation);

(4) "Revenues" means all payments received by the Parking Board from the sale of lease of parking facilities, all moneys received 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;

(5) "Parking facility' means a parking lot, parking garage, or other structure (either single- or multi-level and either at, above, or below the surface) primarily for the offstreet parking of motor vehicles, open to public use for a fee, and all property, rights, easements, and interests relating thereto which are deemed necessary for the efficient and economical construction or the operation thereof;

(6) "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 vehicles; and

(7) "National Capital area" means the District of Columbia and all surrounding jurisdictions which are commonly recognized as part of the District of Columbia 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 Numbered 54 and reconstituted under Organization Order Numbered 106 (title 1, appendix, D.C. Code), predicated upon authority contained in Reorganization Plan Numbered 5 of 1952 (66 Stat. 824), is hereby abolished. The funtions, positions, personnel, equipment, property, records, and unexpended balances of appropriations, allocations, and other funds, available or to be made available relating to the Motor Vehicle Parking Agency are hereby transferred to the Parking Board.

(b) All positions, personnel, equipment, property, records, and unexpended balances of appropriations, allocations, and other funds, available or to be made available relating to the function of installing, repairing, replacing, and removing parking meters on the public streets of the District of Columbia are hereby transferred to the Parking Board from the Department of Highways and Traffic. (c) Section 11 of the Act approved April 4, 1938 (52 Stat. 156, 192; sec. 40-616, D.C. Code, 1961 edition), is hereby repealed.

COORDINATION OF ACT WITH PROVISIONS OF REORGANIZATION PLAN NUMBERED 5 OF 1952

SEC. 25. Nothing in this Act shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Board of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan.

REPEAL

SEC. 26. The District of Columbia Parking Facilities Act of 1942 is hereby repealed.

EFFECTIVE DATE

SEC. 27. The provisions of this Act shall take effect sixty days following the .date of its enactment.

[Under H.R. 2316, H.R. 5274 and H.R. 9389, the effective date of act is the first day of the first month beginning more than 60 days after enactment.

[Under H.R. 14053 and S. 944, the effective date is 90 days thereafter.]

(H.R. 15083, 90th Cong., Second sess., by Mr. McMillan on February 5, 1968) A BILL To encourage and assist private industry to provide needed new parking facilities, employmen, opportunities, and housing units, and a strengthened and expanded tax base in the District of Columbiat and for other purposes, pursuant to skyline studies for the National Capital Planning Commission in 1964, and parking studies for the Bureau of the Budget to provide needed parking facilities in the District of Columbia

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph 2 of section 5 of the Act entitled "An Act to regulate the height of buildings in the District of Columbia", approved June 1, 1910, as amended (36 Stat. 452; sec. 5-405, D.C. Code), is amended by striking the period at the end thereof and adding the following provisions: and except in districts presently zoned R-5-B, R-5-C, R-5-D, Special Purpose, C-2, C-2-B, C-3, C-3-A, C-3-B, C-4, C-M-1, C-M-2, and C-M-3 where, in order to encourage and assist private industry to provide needed new parking facilities, employment opportunities, new housing units, and a strengthened and expanded tax base to meet the crisis of inner city areas, and extreme height of two hundred and thirty feet and a floor area ratio of twenty will be permitted. The historic areas of Georgetown and Capitol Hill shall be preserved and are hereby specifically excluded from these new provisions."

SEC. 2. The first section of the Act establishing the District of Columbia Redevelopment Land Agency (60 Stat. 793; sec. 5-703, D.C. Code) is amended by striking_the_period at the end thereof and adding the following provisions:

"(c) The Executive Director is authorized to commence immediately to contract for the construction, alteration, maintenance and operation in connection with local, qualified, free enterprise parking operators to provide parking facilities for the Federal Government, its officers and employees, and for members of the public transacting business with and visiting with the Government, pursuant to the 1962 study by the Bureau of the Budget and the General Services Administration, on, above, or below presently owned Federal properties in the District of Columbia as he determines necessary to provide such needed parking facilities. "(d) The Executive Director is authorized to fix fees for the use of parking facilities provided pursuant to subsection (c) of this section. The fees fixed for officers and employees of the Federal Government shall be such as to amortize the full costs of construction of such parking facilities. All proceeds from leases,

fees, and other charges collected by the Executive Director under this Act shall be deposited in the Treasury as miscellaneous receipts.

"(e) The Executive Director is authorized to make such rules and regulations as may be necessary to carry out this Act, which shall include, but not be limited to, hours of operation, general administration, management, allocation of parking spaces, and criteria for assignment of parking spaces.

"(f) The Executive Director is authorized to lease parking facilities to carry out the purposes of subsection (c) and to contract with local, experienced, parking operators for the operation of any parking facility. Each such lease and each such contract shall

"(1) state the amount of the parking fees to be charged users of each facility,

"(2) authorize official Government-owned vehicles being used for Government business to park without charge,

"(3) authorize the lessee or contractor during specific nonworking hours to permit the public to use the parking facility for reasonable fees and to retain, in whole or in part, the proceeds from such fees,

"(4) require the lessee or contractor to have in force at all times during the period of the lease or contract public liability insurance saving the Government harmless from all damages arising out of the operation of the parking facility, and

"(5) contain such other provisions as may be necessary to protect the interests of the United States; and, in order to protect the legitimate interests of District citizens, additional property, real or personal, including any rights or interests therein, other than property presently owned by the Federal Government in the District of Columbia, shall not be acquired by purchase, lease, gift, exchange, condemnation, or otherwise, to provide such Federal parking facilities as are authorized by subsection (c) of this section." SEC. 3. This Act shall be cited as "The District of Columbia Parking and Zoning Act of 1968".

(H.R. 2322, 90th Cong., First sess., by Mr. Multer on January 16, 1967)

A BILL To authorize the Commissioners of the District of Columbia to acquire, contract, operate, and regulate a public offstreet parking facility

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Board of Commissioners of the District of Columbia are hereby authorized and directed to acquire a portion of the real properties in square 2672 located between Fourteenth Street, Fifteenth Street, Irving Street, and Columbia Road Northwest, for the purpose of constructing, maintaining, and operating a public offstreet parking facility.

SEC. 2. The Commissioners, within the limits of appropriations by Congress therefor, are authirozed to exercise all powers set forth in the Motor Vehicle Parking Facility Act of 1942, as amended, necessary and convenient to carry out the purposes of this Act.

SEC. 3. Appropriations to carry out the purposes of this Act, payable from the special account in the highway fund, which special account was created by section 7 of the District of Columbia Motor Parking Vehicle Facility Act of 1942, as amended by section 601 of the Act approved March 2, 1962 (76 Stat. 18), are hereby authorized.

RÉSUMÉ OF H.R. 15083, THE DISTRICT OF COLUMBIA PARKING AND ZONING ACT OF 1968

SECTION 1

Amends present D.C. Code (Title 5, Sec. 405) to permit a new height (230 feet) for buildings in districts now zoned commercial, high rise and the like.

SECTION 2

Amends the D.C. RLA Act, D.C. Code (Title 5, Sec. 703) to grant the following additional powers to the Executive Director:

(c) To contract for construction and operation with private parking operators to provide parking facilities for the Federal Government, its employees, and the public doing business with and visiting it.

(d) Fix such parking fees (to be deposited in the Treasury) as will amortize the costs of constructing such parking facilities.

(e) Make rules and regulations including hours of operation, management, etc.

(f) Lease parking facilities (and contract with private parking operators to operate); each lease to:

(1) State fees to be charged.

(2) Permit Government-owned vehicles free parking.

(3) Authorize public use for reasonable fees in nonworking hours and to retain all or part of fees therefor.

(4) Require public liability insurance to save the government harmless.

(5) Protect U.S. and D.C. interests. Prohibit acquisition by purchase, lease, gift, condemnation or otherwise, of any properties in addition to that presently owned by the Federal Government or the District of Columbia, to provide Federal parking facilities authorized under (c) above.

SECTION-BY-SECTION ANALYSIS OF DISTRICT OF COLUMBIA PARKING FACILITY BILLS

(Note: Unless otherwise indicated the provisions of all bills are in agreement or substantially so)