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86TH CONGRESS 1st Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 642

PROVIDING FOR THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE DISTRICT OF COLUMBIA TO THE ASSOCIATION OF THE OLDEST INHABITANTS OF THE DISTRICT OF COLUMBIA

JULY 9. 1959.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MCMILLAN, from the Committee on the District of Columbia, submitted the following

REPORT

To accompany H.R. 303|

The Committee on The District of Columbia, to whom was referred the bill (H.R. 303) to provide for the conveyance of certain real property in the District of Columbia to the Association of the Oldest Inhabitants of the District of Columbia, having considered the same, report favorably thereon with amendments and recommend that the bill H.R. 303 as amended do pass.

The amendments are as follows:

On page 2, strike lines 3 thourgh 9 and insert in lieu thereof the following:

Beginning for the same at a point on the south line of M Street, said point of beginning being 127.50 feet West of the west line of Wisconsin Avenue; and running thence East along the south line of M Street 38.38 feet to the center line of the west wall of the premises 3208 M Street, NW.; thence in a Southerly direction along the center line of said wall and a continuation thereof 90.0 feet; thence in a Westerly direction along a line parallel to the south line of M Street 38.88 feet, more or less, to a point 127.50 feet West of the west line of Wisconsin Avenue; thence in a Northerly direction 90.0 feet to the point of beginning: all as shown on plat of survey recorded in the Office of the Surveyor of the District of Columbia in Survey Book 51, Page 66.

On page 1, line 8, immediately before the period at the end of the first section insert the following:

: Provided, That whenever the said real property no longer
is occupied by the said Association for the purposes of said

Association, all right, title, and interest of the said Associa-
tion in and to such property shall revert to the District of
Columbia.

As used in this section the term "purposes of said Associa-
tion", means substantially the purposes of the said Asso-
ciation as they were set forth in the constitution and by-laws
of the said Association as of January 1, 1957, and such pur-
poses shall be deemed to include the housing and care of
such firefighting equipment belonging to the District of
Columbia or to said Association as was being housed and
cared for by said Association as of January 1, 1956. No
conveyance pursuant to this Act shall be effective until such
time as there shall be filed with the Recorder of Deeds of
the District of Columbia a certified copy of said constitution
and by-laws, and an itemization of said firefighting equipment.
approved by the said Board of Commissioners: Provided,
That the said Board of Commissioners may, without effect-
ing a reverter, withdraw from the custody of said Association
such of the firefighting equipment as is the property of the
District of Columbia.

The purpose of this legislation is to provide for the conveyance of certain real property in the District of Columbia to the Association of the Oldest Inhabitants of the District of Columbia.

The Association of the Oldest Inhabitants in the District of Columbia was forced to give up property, which they occupied, sometime ago and now have an opportunity to acquire a piece of property that is owned by the District of Columbia government and is not used for any purpose whatsoever.

The Commissioners of the District of Columbia have agreed to deed this property to the Association of the Oldest Inhabitants of the District of Columbia in return for having given up quarters which they formerly occupied in an old enginehouse at 19th and H Streets NW.

The Commissioners are favorable to this legislation but suggest certain amendments to the bill which were written in by the subcommittee which considered this legislation and the full committee at the time it was reported so as to safeguard the rights of the District of Columbia whenever the Association of the Oldest Inhabitants no longer occupies the property for the purposes of the association. other words at the time the title and the property will revert to the District of Columbia.

The other amendment written into the bill simply gives an accurate property description of the property being transferred by the bill.

A public hearing was held by the Judiciary Subcommittee of the House District Committee on June 10, 1957, and no one appeared in opposition to this legislation.

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86TH CONGRESS 1st Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 643

AMENDING THE DISTRICT OF COLUMBIA STADIUM ACT OF 1957 WITH RESPECT TO MOTOR-VEHICLE PARKING AREAS

JULY 9, 1959.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MCMILLAN, from the Committee on the District of Columbia, submitted the following

REPORT

To accompany H.R. 68931

The Committee on the District of Columbia, to whom was referred the bill (H.R. 6893) to amend the District of Columbia Stadium Act of 1957 with respect to motor-vehicle parking areas, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill H.R. 6893 as amended do

pass.

The amendments are as follows:

On page 1, immediately after line 4, insert the following:

(1) Section 2 is amended by adding at the end thereof the following new sentence: "The Board is authorized to provide for the construction of such stadium by such means as it determines will most effectively carry out this Act (including, but not limited to, a negotiated contract)."

and renumber the succeeding paragraphs accordingly. On page 2, after line 25, insert the following:

(8) Section 11 is amended by striking out "necessary motor-vehicle parking areas, and".

The 85th Congress by the enactment of Public Law 85-300, the District of Columbia Stadium Act of 1957, authorized the construction, maintenance, and operation by the Armory Board of the District of Columbia of a stadium in the District of Columbia.

This act was amended substantially by Public Law 85-561 in order to require the stadium to be constructed substantially in accordance with certain plans, to provide for a contract with the United States with respect to the site of such stadium and for other purposes.

The necessity for the enactment of this bill arises from two opinions of the Comptroller General with respect to the interpretation of the District of Columbia Stadium Act of 1957. One of these opinions dealt with the authority of the Armory Board to negotiate contracts, and the other with the authority of the Secretary of the Interior to provide for certain facilities in the vicinity of the stadium structure itself.

The amendment to section 2 of the District of Columbia Stadium Act of 1957 which this bill would make arises out of the opinion of the Comptroller General expressed in a letter to the chairman of this committee dated July 1, 1959, which limits the authority of the Board in view of the absence of expressed authority in the act of 1957 to negotiate a contract for the construction of the stadium. The authority to negotiate contracts is one which Congress has given to the heads of various departments and agencies many times in the past. Such authority has been granted with respect to property procurement generally in title III of the Federal Property and Administrative Services Act of 1949. This amendment thus grants to the Armory Board the necessary latitude to provide for the construction of the stadium by such means as it determines will most effectively. provide for that construction.

All of the remaining amendments to the District of Columbia Stadium Act of 1957 which are proposed by this bill are designed to insure that the Secretary of the Interior will have the necessary authority to construct motor-vehicle parking areas and certain other facilities which it was believed the Secretary had at the time the act was first enacted.

In a letter dated June 4, 1959, to the chairman of this committee, the Comptroller General stated:

If it is deemed desirable that such authority be granted to the Secretary of the Interior, the enactment of specific legislation to do so will be necessary in view of our decision of March 25, 1959, B-138834, that such authority is not contained in existing legislation relative to the stadium. We believe that the language of H.R. 6893 would accomplish the stated purpose.

CHANGES IN EXISTING LAW

In compliance with paragraph 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed in shown in roman):

D. C. CODE 2-1720; 71 STAT. 619, PUBLIC LAW 85-300; 72 STAT. 421, PUBLIC LAW 85-561

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Stadium Act of 1957".

SEC. 2. In order to provide the people of the District of Columbia with a stadium suitable for holding athletic events and other activities and events of a nature requiring such a facility, the Armory Board

(hereinafter referred to as the "Board"), created by section 2 of the Act entitled "An Act to establish a District of Columbia Armory Board, and for other purposes", approved June 4, 1948 (D.C. Code, sec. 2-1702), is hereby authorized to construct, maintain, and operate a stadium with a seating capacity of not to exceed fifty thousand, on a site in the District of Columbia determined in accordance with provisions of section 3 of this Act. In the event the Board exercises the authority vested in it by this section, such stadium shall be constructed substantially in accordance with the plans for such stadium contained in the Praeger-Kavanagh-Waterbury survey entitled 'Engineering and Economic Study, District of Columbia Stadium' dated March 31, 1958."

SEC. 3. The Secretary of the Interior is authorized and directed to acquire by gift, purchase, condemnation, or otherwise, all real property within the boundaries of the East Capitol Street site, as established in the first paragraph under the heading "(2) East Capitol Street Site" contained in the National Capital Planning Commission report entitled "Preliminary Report on Sites for National Memorial Stadium" dated November 8, 1956, and thereafter, acting under authority of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916, as amended (16 U. S. C. 1 and the following), the Secretary of the Interior shall enter into a contract with the Board for the construction, maintenance, and operation of the stadium (including the operation of motorvehicle parking areas) on such East Capitol Street site, except that such contract may be for a term of not more than thirty years. The Secre

tary of the Interior is authorized and directed to construct, prepare, and maintain, on such site, necessary motor-vehicle parking areas, landscaping, roads, walks, and water, sewer electric, gas and telephone facilities to the stadium.

SEC. 4. (a) The Board is hereby authorized to provide for the payment of the cost of preliminary engineering and economic surveys relating to the stadium, and for the payment of the cost of planning. designing and constructing such stadium, and to provide funds for the operation and maintenance of such stadium, and for the payment of interest on the bonds authorized herein during the period of construction and during the 12-month period following completion of construction of the stadium, by an issue or issues of negotiable bonds of the Board, bearing interest, payable annually or semiannually, as the Board shall determine, at a rate not exceeding such rate as shall be approved by the Secretary of the Treasury. All such bonds may be registered as to principal alone or both principal and interest, shall be payable as to principal within not to exceed thirty years from the date thereof, shall be in such denominations, shall be executed in such manner, and shall be payable in such medium and at such place or places as the Board may determine, and the face amount thereof shall be so calculated as to produce, at the price of their sale, the cost of the stadium constructed pursuant to this Act. The Board may reserve the right to redeem any or all of the bonds before maturity in such manner and at such price or prices not exceeding 105 per centum of the face value and accrued interest as may be fixed by the Board prior to the issuance of the bonds. The Board when it deems advisable may issue refunding bonds to refinance any outstanding bonds, and interest thereon, at maturity or before maturity when called for re

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