FRINGE LOTS

SEC. 14. (a) Notwithstanding any other provision of this Act, the Parking Board is authorized to establish fringe lots in the National Capital area. The head of any Federal or District of Columbia government agency or department is authorized to make lands in the National Capital area under his jurisdiction and control available, on such terms and conditions as he shall determine, to the Parking Board for use by it in establishing fringe lots under this section. No fringe lot shall be established outside the District of Columbia, except on land owned by the United States, or any department or agency thereof, unless the Parking Board has first obtained approval therefor from the local governing body of the jurisdiction in which such fringe lot may be located.

(b) The Parking Board is authorized to operate any fringe lot established by the Board under this section, or to lease any such fringe lot pursuant to such terms and conditions as the Board may determine. The Parking Board is further authorized to operate or arrange for the operation of such fringe lots either with or without charge to the persons patronizing such lots, or at such rate as the Parking Board may from time to time establish.

(c) As used in this section, the term "fringe lot" shall nean a parking lot used primarily for the long-term parking of motor vehicles, located at or beyond the fringe of the central business district of the District of Columbia served by buses, rail transit, or other mode of mass transportation.

COMMISSION OF FINE ARTS TO REVIEW PLANS

SEC. 15. (a) The Parking Board shall, in accordance with the provisions of Forty-sixth Statutes at Large, page 366 (1930), as amended (40 U.S.C. 121 (1964)), submit to the Commission of Fine Arts the plans for each parking facility which the Parking Board proposes to construct or which is to be constructed on land leased by the Parking Board.

PRIVATE PARKING STRUCTURES

SEC. 16. (a) On and after the date of the enactment of this Act, no person shall except as otherwise authorized in this Act, establish any private parking garage or substantially expand the facilities of any existing parking garage in the District of Columbia until such person has first obtained the approval of the Parking Board. For the purposes of this section "parking garage" shall mean any structure (either single or multilevel and either at, above, or below the surface) which is open to public use for a fee and which is primarily used for the off-street parking of motor vehicles.

(b) Upon receiving a request from any person for the approval of the Parking Board with respect to the plans of such person to so establish or expand any such parking garage in the District of Columbia, the Parking Board shall render a decision within sixty days. The Parking Board shall approve any request unless it finds that the size, design, or location of such parking structure would adversely affect the vicinity in which it is, or is to be, located, would interfere with the efficient flow of traffic or would be incompatible with the plans and recommendations of the National Capital Planning Commission made by such Commission pursuant to law. The Parking Board may make its approval subject to such conditions as it deems necessary to protect the public interest.

(c) If the Parking Board denies such request, or approves such request, subject to any conditions, the party aggrieved may petition the Parking Board for a public hearing. The Parking Board shall schedule such hearing within thirty days of its original decision. The Parking Board shall give notice of such hearing by publishing such notice in at least one newspaper of general circulation in the District of Columbia at least ten days before such hearing. The Parking Board shall render a final decision within sixty days after the record in such hearing is closed.

(d) Any person aggrieved by any final decision of the Parking Board may obtain review of any such order by filing in the United States Court of Appeals for the District of Columbia, and serving upon the Parking Board, within sixty days after the entry of such decision, a written petition praying that the decision of the Board be modified or set aside in whole or in part. Upon receipt of any such petition, the Parking Board shall file in such court a full, true, and correct copy of the transcript of the proceedings upon which the order complained of was entered. Upon the filing of such petition and receipt of such transcript, such court shall have jurisdiction to affirm, set aside in whole or in part. Upon

receipt of any such petition, the Parking Board shall file in such court a full, true, and correct copy of the transcript of the proceedings upon which the order complained of was entered. Upon the filing of such petition and receipt of such transcript, such court shall have jurisdiction to affirm, set aside, modify, or enforce such order, in whole or in part. In any such review, the findings of fact of the Parking Board shall not be set aside if supported by substantial evidence. The order of the court affirming, modifying, or setting aside, or enforcing, in whole or in part, any such order of the Parking Board shall be final, subject to review as provided in section 1254 of title 28 of the United States Code.

(e) Nothing in this section shall be construed as superseding any existing law or provision of law relating, directly or indirectly to the construction, establishment, expansion, operation, or location of parking structures in the District of Columbia.

NOTICE TO PARKING BOARD OF SCHEDULE OF RATES TO BE CHARGED BY PRIVATE PARKING FACILITIES

SEC. 17. EVERY person owning or operating a parking facility in the District of Columbia shall, pursuant to such rules and regulations as shall be established by the Parking Board, file in writing a complete schedule of the rates charged by such person for the storing or parking of motor vehicles in such facility, and in no case shall such person, following the filing of such schedule of rates, make any charge for such storing or parking in excess of that set forth in such schedule so filed until forty-eight hours after he has notified the Parking Board in writing of the new schedule of rates which he intends to charge. The provisions of this section shall not be applicable with respect to any parking facility the rates of which are subject to the control and regulation of the Parking Board under this Act.

AUDITS AND REPORTS

SEC. 18. (a) The financial transactions of the Parking Board shall be audited annually by the Comptroller General of the United States (or his duly authorized representative). All books, accounts, financial reports, files, and all other papers, things, or property belonging to or in use by the Parking Board and necessary to facilitate the audit shall be made available to the person or persons conducting the audit.

(b) A report of such audit shall be made by the Parking Board to the Congress not later than one hundred and twenty days after the close of the Parking Board's fiscal year. The report shall set forth the scope of the audit and shall include a verification by the person conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expenses, and (5) sources and application of funds.

(c) The Parking Board shall submit together with the audit report, a comprehensive report to the Congress summarizing the activities of the Parking Board for the preceding fiscal year.

POWERS OF PARKING BOARD

SEC. 19. The Parking Board, in performing the duties imposed upon it by this Act, shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including the following powers in addition to others herein granted:

(1) To sue and be sued, to compromise and settle suits and claims of or against it, to complain and defend in its own name in any court of competent jurisdiction, State, Federal, or municipal;

(2) To adopt, alter, and use a corporate seal which shall be judicially noticed;

(3) To adopt, prescribe, amend, repeal, and enforce bylaws, rules and regulations for the exercise of its powers under this Act or governing the manner in which its business may be conducted and the powers granted to it by this Act may be exercised and enjoyed;

(4) To make, deliver, and receive deeds, leases, and other instruments and to acquire easements, rights-of-way, licenses, and other interests in land, and to take title to real and other property in its own name;

(5) To construct and equip parking facilities in the District of Columbia and to exercise all powers necessary or convenient in connection therewith; (6) To borrow money; to mortgage or hypothecate its property, or any interest therein; pledge its revenues; and to issue and sell its obligations;

(7) To appoint and employ, subject to the provisions of the Classification Act of 1949, as amended, and other applicable laws relating to employees of the District of Columbia, such officers, agents, engineers, accountants, appraisers, and other personnel for such periods as may be necessary in its judgment, and to determine the services to be performed by them on behalf of the Parking Board;

(8) To procure and enter into contracts for any types of insurance and indemnity against loss or damage to property from any cause, including loss of use or occupancy, against death or injury of any person, against employers' liability, against any act of any director, officer, or employee of the Parking Board in the performance of the duties of his office or employment, or any other insurable risk;

(9) To deposit its moneys and other revenues in any bank incorporated under the laws of the United States;

(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.

COMMISSIONERS AUTHORIZED TO PROVIDE ASSISTANCE TO PARKING BOARD

SEC. 20. (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.

DEFINITIONS

SEC. 21. 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, or corporation (including a nonprofit corporation);

(4) "Revenues" means all payments received by the Parking Board from the sale or lease of parking facilities, all moneys received from the operation of parking meters, 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 multilevel and either at, above, or below the surface) for the off-street 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; and

(6) "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. 22. (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 functions, 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. 23. 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 1962 (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. 24. The District of Columbia Parking Facilities Act of 1942 is hereby repealed.

EFFECTIVE DATE

SEC. 25. The provisions of this Act shall take effect sixty days following the date of its enactment.

Senator TYDINGS. We will continue hearings today, tomorrow, and next week, and perhaps even the week after, if necessary. have five witnesses this morning. It may be necessary to recess later on this morning for a short period of time, since the Judiciary Committee is also holding a meeting simultaneously which I must attend. However, we will now proceed, and our first witness is Brig. Gen. Charles M. Duke, Engineer Commissioner of the District of Colum

bia, whom we are happy to have with us, and General Duke, we would like to hear from you at this time, sir.

And Mr. Heath and Mr. Hanson, if you would like to come up to the table, we would be delighted to have you up there, gentlemen, in case General Duke might wish to confer with you or I might wish to ask you a question.

STATEMENT OF BRIG. GEN. CHARLES M. DUKE, DISTRICT OF COLUMBIA ENGINEER COMMISSIONER; ACCOMPANIED BY MR. WILLIAM D. HEATH, EXECUTIVE DIRECTOR, DISTRICT OF coLUMBIA MOTOR VEHICLE PARKING AGENCY

General DUKE. Senator, at the outset, I would like to express the appreciation of the Board of Commissioners for your interest in this most important problem in the District of Columbia, and assure you of our wholehearted support in any way possible.

I have with me a letter from the President of our Board to the District of Columbia Committee, and with your permission, I will read this letter as my formal statement, or, if you would prefer, in the interest of time, I can read the latter part of it, which applies to the specific suggestions with respect to wording of the bill.

Senator TYDINGS. Why don't you make any general comments you wish, and then go on to the specific recommendations with regard to revisions of or amendments to the bill?

(The document referred to follows:)

Hon. ALAN BIBLE,

Chairman, Committee on the District of Columbia,
U.S. Senate, Washington, D.C.

JANUARY 19, 1966.

DEAR SENATOR BIBLE: The Commissioners of the District of Columbia have for report S. 2769, 89th Congress, a bill relating to the establishment of parking facilities in the District of Columbia, the short title of which is the "District of Columbia Parking Facility Act."

The Commissioners, recognizing that a problem exists in the District of Columbia with respect to the parking of motor vehicles, on November 7, 1963, appointed an Advisory Committee on Parking Legislation to make a study of the problem and to recommend such legislation as it might deem necessary to resolve the problem. This committee was comprised of representatives of seven leading civic and business groups within the District of Columbia. After a period of a little more than 1 year, the committee arrived at proposed legislation similar in a number of respects to S. 2769. The Commissioners believe that S. 2769 provides a sound basis for a system of permanent facilities to provide the District with adequate accommodation for its present and future needs for the parking of motor vehicles.

In 1962, the first comprehensive parking study ever to be made of the central business district of Washington was published. This survey was conducted in accordance with accepted survey methods and procedures developed by the Bureau of Public Roads and applied in more than 100 cities throughout the United States. The results of this survey showed that in 1961 there existed a need for 1,400 additional offstreet public parking spaces in the central business district.

Also in 1961, the General Services Administration conducted a survey dealing specifically with the employee parking problem of Federal and District Government workers. Analysis of the General Services Administration data shows that, even with an adequate rapid rail transit system in operation, approximately 26,000 parking spaces will be required to meet the reasonable needs of Federal and District Government employees moving by private motor vehicle to destinations in the central business district. Additional spaces will also be required for those employees who drive part way to facilities located on, or beyond, the periphery of the downtown area.