§ 50-2603. Power of Mayor to acquire property; construct and maintain parking facilities; dispose of property; establish rates; install parking meters; make street improvements.
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Current through October 23, 2012
The Mayor of the District of Columbia is authorized to exercise all powers necessary and convenient to carry out the purposes of this subchapter, the said purposes being hereby declared to be the acquisition, creation, and operation, in any manner hereinafter provided, under public regulations, of public off-street parking facilities in the District of Columbia as a necessary incident to insuring in the public interest the free circulation of traffic in and through the District of Columbia and to promoting the economic growth and stability of neighborhood commercial centers. Such powers include, but shall not be limited to, the powers hereinafter enumerated:
(1) The power to acquire any property, real or personal, or any interest therein, by purchase, lease, gift, bequest, devise, or grant, or by condemnation under the provisions of Chapter 13 of Title 16 in any area of the District. In the case of neighborhood municipal off-street parking, condemnation powers, under the provisions of Chapter 13 of Title 16 of the District of Columbia Official Code, shall not be used to acquire residential property on which there are improvements or commercial property with improvements that are in use. Before acquiring any real property for neighborhood municipal off-street parking facilities or establishing such facilities the Mayor shall hold at least 1 public hearing and request any affected advisory neighborhood commission(s) for its comments and reports within 30 days of such request. Before acquiring any area for parking facilities the Mayor shall request the National Capital Planning Commission for its recommendations and it shall be the duty of said Commission to report thereon within 30 days of such request;
(2) The power to undertake, by contract or otherwise, the clearance and improvement of any such property as well as the construction, establishment, reconstruction, alteration, repair, maintenance, and operation thereon of parking facilities; to contract, by lease or otherwise, with competitive bidding, with any individual, firm, association, or corporation, private or public, for the operation of any parking facilities for such period, not exceeding 5 years, as the Mayor shall determine, and to terminate, without prior notice, any contract in the event of any failure or omission of any party thereto to observe or enforce the rules or schedules of rates made under authority of paragraph (4) of this section. The words "such property" in this paragraph shall include, in addition to property acquired under this subchapter, any other property, heretofore or hereafter acquired by the District, until needed for the purpose for which it was acquired, or if no longer needed for the purpose for which it was acquired, or upon which parking facilities may be established without impairing its use for the purpose for which it was acquired. Before establishing any parking facilities upon the property not acquired under authority of this subchapter, the Mayor shall request the National Capital Planning Commission for its recommendations and it shall be the duty of said Commission to report thereon within 30 days of such request;
(3) The power to sell, exchange, transfer, or assign any property, real or personal, or any interest therein, acquired under authority of this subchapter, 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 of Columbia;
(4) The power to establish and from time to time to revise, with or without public hearings, uniform schedules of rates to be charged for use of space in each such parking facility; to provide rate differentials between said parking facilities for such reasons as the amount of space occupied, the location of the facility, and other reasonable differences; and to prescribe and promulgate such rules and regulations for the carrying out of the provisions of this subchapter as may be necessary to keep said parking facilities subject at all times to public regulation, and to insure the maintenance and operation of such parking facilities in a clean and orderly manner and in such a manner as to provide efficient and adequate service to the public. The rates to be charged for parking of motor vehicles within said parking facilities shall be fixed at the lowest possible rates, consistent with the achievement of the purposes of this subchapter, that will defray the cost of maintaining, operating, and administering the parking facilities; liquidate within such time as the Council shall determine the cost of acquiring and improving the required property for parking-facility purposes; and provide for the acquisition and improvement of other necessary parking facilities, but without any purpose of obtaining for the District any profit or surplus revenue from the operation of said parking facilities. There shall be no discrimination in rates or privileges among the members of the public using said parking facilities;
(5) The power to secure and install mechanical parking meters or parking devices on the streets, avenues, roads, highways, and other public spaces in the District under the jurisdiction and control of the said Mayor such meters or devices to be located at such points as the Mayor may determine, and the said Council is authorized and empowered to make and, the Mayor to enforce, rules and regulations for the control of parking of vehicles on such streets, avenues, roads, highways, and other public spaces, and as an aid to such regulation and control of the parking of vehicles the Council may prescribe fees for the parking of vehicles where meters or devices are installed;
(6) The power to lease on competitive bids for terms not exceeding 50 years, any property acquired pursuant to this subchapter, or any other property heretofore or hereafter acquired by the District if no longer needed for the purpose for which it was acquired, and to stipulate in any such lease that the lessee shall erect at his or its expense a structure or structures on the land leased, which structure or structures and property shall be used, maintained and operated for the purposes of this subchapter, including purposes incidental thereto, subject to regulation as provided in paragraph (4) of this section, except that the rates for use of space in parking facilities covered by any such lease shall be fixed and regulated by the Council so as to allow to the lessee a fair return, as fixed by the Mayor, on the cost of such structure or structures, together with an amount sufficient to amortize within the term of any such lease the cost of such structure or structures. Every such lease shall be entered into upon such terms and conditions as the Mayor shall impose including, but not limited to, requirements that such structure or structures shall conform with plans and specifications approved by the Mayor, that such structure or structures shall become the property of the District upon termination or expiration of any such lease; that the lessee shall furnish security in the form of a penal bond or otherwise to guarantee fulfillment of his or its obligations, and any other requirement which, in the judgment of the Mayor, shall be related to the accomplishment of the purposes of this subchapter;
(7) The power to use moneys in the fund established by § 50-2607 for the purpose of widening or channelizing streets or making other street improvements to correct or improve traffic conditions in the vicinity of off-street parking facilities, and to correct traffic conditions resulting from a lack or shortage of parking facilities.
(8)(A) The following amounts collected from the parking of vehicles where meters or devices are installed shall be dedicated to paying a portion of the District's annual operating subsidies to the Washington Metropolitan Area Transit Authority:
(i) $30,578,700 for fiscal year 2013;
(ii) $30,578,700 for fiscal year 2014;
(iii) $30,976,223 for fiscal year 2015; and
(iv) $31,378,914 for fiscal year 2016, and each year thereafter.
(B) Pursuant to § 50-2531.01, one-half of the net revenue derived from any modifications to meter rates, meter hours, or metered areas within each performance parking zone shall be deposited in the Performance Parking Fund; provided, that the net revenue:
(i) For performance parking zones established:
(I) After September 30, 2012, shall be the amount in excess of the revenue that would have been collected if the Mayor had kept the meter rates, meter hours, and metered areas in effect as of September 30, 2012; and
(II) Before October 1, 2011, shall be the amount in excess of the revenue that would have been collected if the Mayor had kept the meter rates, meter hours, and metered areas in effect as of September 30, 2011;
(ii) For the H Street Performance Parking Zone shall be the amount in excess of the revenue that would have been collected if the Mayor kept the meter rates, meter hours, and metered areas in effect as of June 1, 2012.
(C) Other fees collected for the parking of vehicles where meters or devices are installed shall be dedicated to the Sustainable Transportation Fund established by § 50-921.15.
(Feb. 16, 1942, 56 Stat. 91, ch. 76, § 3; Dec. 16, 1944, 58 Stat. 808, ch. 595, § 1; June 19, 1948, 62 Stat. 565, ch. 599; Aug. 20, 1958, 72 Stat. 686, Pub. L. 85-692, § 1; July 29, 1970, 84 Stat. 587, Pub. L. 91-358, title I, § 166(g); Sept. 26, 1980, D.C. Law 3-108, § 3(a), (b), 27 DCR 3781; Nov. 16, 2006, D.C. Law 16-175, § 4(b), 53 DCR 6499; Sept. 20, 2012, D.C. Law 19-168, §§ 6004, 6025, 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-805.
1973 Ed., § 40-804.
Effect of Amendments
D.C. Law 16-175, in par. (1), substituted "any area of the District" for "any area of the District as to which the agency shall have made a determination that public parking facilities are necessary or expedient"; in par. (2), substituted "acquired" for "acquired; provided, that in each case the agency shall have made a determination that parking facilities thereon are necessary or expedient"; and, in par. (3), substituted "Columbia" for "Columbia; provided further, that the agency shall have first determined such property to be no longer necessary for the purposes of this subchapter."
D.C. Law 19-168, in par. (5), deleted ", in addition to those mechanical parking meters and devices installed pursuant to the authority conferred on the said Mayor by § 50-2633," following "said Mayor"; and added par. (8).
Temporary Amendments of Section
Section 4 of D.C. Law 19-97 added par. (8) to read as follows:
"(8) As of October 1, 2011, all fees collected for the parking of vehicles where meters or devices are installed shall be dedicated annually to paying the District's annual operating subsidies to the Washington Metropolitan Area Transit Authority.".
Section 6(b) of D.C. Law 19-97 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 19-134 added par. (8) to read ass follows:
"(8) As of October 1, 2011, all fees collected for the parking of vehicles where meters or devices are installed shall be dedicated annually to paying the District's annual operating subsidies to the Washington Metropolitan Area Transit Authority, except for fees collected in performance parking pilot zones, pursuant to the Performance Parking Pilot Zone Act of 2008, effective November 25, 2008 (D.C. Law 17-279; D.C. Official Code § 50-2531 et seq.) ('2008 act'), and dedicated in section 5 of the 2008 act.".
Section 4(b) of D.C. Law 19-341 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4 of District Department of Transportation Omnibus Emergency Amendment Act of 2011 (D.C. Act 19-254, December 21, 2011, 58 DCR 11215).
For temporary (90 day) amendment of section, see §§ 2, 3 of DDOT Omnibus Conforming Emergency Amendment Act of 2012 (D.C. Act 19-317, February 28, 2012, 59 DCR 1860).
Legislative History of Laws
For legislative history of D.C. Law 3-108, see Historical and Statutory Notes following § 50-2634.
For Law 16-175, see notes following § 50-2602.
For history of Law 19-168, see notes under § 50-320.
Miscellaneous Notes
Appropriations authorized: Public Law 104-194, 110 Stat. 2362, the District of Columbia Appropriations Act, 1997, provided for construction projects an increase of $46,923,000 (including an increase of $34,000,000 for the highway trust fund, reallocations and rescissions for a net rescission of $120,496,000 from local funds appropriated under this heading in prior fiscal years and an additional $133,419,000 in Federal funds), as authorized by §§ 34-2405.01 through 34-2405.08; §§ 34-2413.08, 34-2413.10 and 34-2304; and §§ 10-619 and 47-3404; including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: Provided, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 9-107.01, note), for which funds are provided by this appropriation title, shall expire on September 30, 1998, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1998: Provided further, That upon expiration of any such project authorization the funds provided herein for the project shall lapse.
