CHAPTER 196

An Act to amend and reenact §§ 144 (c), as amended, 144 (d), 144 (e)
and 144 (f) of Chapter 34 of the Acts of Assembly of 1918, approved
February 7, 1918, which provided a charter and special form of
government for the city of Norfolk, which sections relate to the
powers of the Norfolk Port and Industrial Authority, the transfer of
city’s facilities and contributions by the city to said Authority and
bonds issued by said Authority. tH 461)

Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 144 (c), as amended, 144 (d), 144 (e) and 144 (f) of Chapter
84 of the Acts of Assembly of 1918, approved February 7, 1918, be
amended and reenacted as follows:

§ 144 (c). Powers and duties.—Such Authority shall have the fol-
lowing powers:

(a) To adopt and use a corporate seal, and to alter the same at its
pleasure.

(b) To acquire, hold and dispose of such personal property as may
be necessary for its purposes.

(c) To acquire by purchase or lease, on such terms and conditions,
and in such manner as it may deem proper, except by condemnation, or
by gift, such real property or such rights, easements or estates therein, as
may be necessary for its purposes, and to sell, lease and dispose of the
same, or any portion thereof or interest therein, whenever it shall become
expedient to do so.

(d) To acquire, lease, construct or maintain and operate, landings,
wharves, docks and piers, commodity elevators, and the approaches to
and appurtenances thereof, tracks, spurs, crossings, switchings, terminals,
warehouses and terminal facilities of every kind and description neces-
sary or useful in the transportation and storage of goods, wares and
merchandise, to perform any and all services at said facilities in connec-
tion with the receipt, delivery, shipment and transfer in transit, weigh-
ing, marking, tagging, ventilating, fumigating, refrigerating, icing, stor-
ing and handling of goods, wares and merchandise, to prescribe and
collect charges from vessels coming into or using any landings, wharves,
docks, piers, and commodity elevators operated and maintained by said
Authority and from persons using any of the other facilities of the
Authority, and to lease any and all of such facilities or any concessions
properly incident thereto to any person, firm or corporation for the main-
tenance and operation of any and all of such facilities on such terms and
conditions as it may deem proper.

(e) To acquire, purchase, construct, lease, operate, maintain and
undertake, when and as authorized by the council of the city of Norfolk,
by formal ordinance, any wholesale market facility for merchants, dealers
and farmers engaged in the marketing of perishable farm produce, fruits,
vegetables, poultry, eggs, horticultural products, dairy products, meats,
sea food, dry groceries, frozen foods and in the operation of freezing and
prepackaging plants and in the furnishing of baskets and containers for
farm produce and other articles handled at said market, to make charges
for the use thereof with such facility being classed as a public utility
within the meaning of this act.

(f) To acquire, purchase, construct, lease, operate, maintain and
undertake any * bus, railroad * or airline * terminal facility and to make
charges for the use thereof.

Before the powers set forth in this paragraph are exercised by the
Authority prior approval of the council shall be first obtained.

(g) * For the purpose of encouraging and promoting * industry and
manufacturing *; the development of trade by inducing manufacturing,
industrial, governmental, educational and commercial entcrprises to
locate in or remain in the city of Norfolk; the using of the natural
resources and advantages of the city of Norfolk and the Commonwealth;
the development and increase of the commerce of the city of Norfolk
and the Commonwealth; the promotion of the safety, welfare, educa-
tion, convenience and prosperity of the inhabitants of the city of Norfolk
and the Commonwealth; and to carry out all other purposes of the
Authority, the Authority shall have the power: 1) to acquire by pur-
chase, exchange, gift, lease or otherwise, and to improve, maintain, equtp
and furnish one or more facilities including all real and personal prop-
erties and any interest or estate therein which the Authority may deem
mecessary to accomplish said purposes and regardless of whether or not
any of such facilities shall then be in existence; 2) to lease to others any
or all of its facilities and to charge and collect rent therefor and to termt-
nate any such lease upon the fuilure of tessee to comply with any of the
obligations thereof, and to include in any such lease, if desired, a provt-
sion that the lessee thereof shall have options to renew such lease or to
purchase any or all of the leased facilities, or that upon payment of all
of the indebtedness of the Authority it may lease or convey any or all of
its facilities to the lessee thereof, with or without consideration; 8) to sell,
exchange, donate, and convey any or all of its properties whenever tts
Board of Commissioners shall find any such action to be in furtherance
of the purposes for which the Authority was established; and, 4) as
security for the payment of the principal of and interest on any bonds,
motes or other evidences of debt so issued and any agreements made in
connection therewith, to mortgage and pledge any or all of its facilities
or any part or parts thereof, whether then owned or thereafter acquired,
and to pledge the revenues therefrom or from any part thereof.

The term “facility” or “facilities” used in this section and in other
sections enumerating the powers of the Authority shall mean any or all
industrial, manufacturing, commercial, governmental and educational
facilities located within or without or partially within or without the
city of Norfolk now existing or hereafter acquired or constructed by
the Authority pursuant to its powers, together with any or all buildings,
amprovements, additions, extensions, replacements, appurtenances, lands,
rights, interests and estates in land including interest and estates in land
acquired by mortgage, deed of trust or otherwise, water rights, franchises,
machinery, equipment, furnishings, landscaping, utilities, approaches,
roadways and other facilities necessary or desirable in connection there-
with or incidental thereto, acquired or constructed by the Authority. This
section shall be liberally construed.

(h) To establish, construct, acquire, lease, maintain and operate any
airport and air navigational facilities now or hereafter owned by the
Authority or the city of Norfolk with the same powers and authority
thereover * that said city may have or as provided by law, subject, how-
ever, to the provisions of Section 144 (d) with respect to the operation and
maintenance of any airport and air navigational facility now or hereafter
owned by the city of Norfolk.

(i) To make capital improvements on any airport and air naviga-
tional facility, any port terminal facility described in Section 144 (c) (d)
and on any other facility and public utility now or hereafter owned or
leased bv the city of Norfolk and transferred to said Authority to operate
and maintain, with the same powers to issue its bonds, notes or other
evidences of debt therefor as it has for its other purposes and to pledge
all or any part of the gross or net rents, fees or revenues received or to be
received from its operation of said facility or facilities for payments of
its bonds, notes or other evidences of debt issued for said capital improve-
None’: Subject, however, to the approval of the council of the city of

orfolk.

(j) To foster and stimulate the commerce of the Port of Norfolk and
the shipment of freight through such port and to investigate and handle
matters pertaining to all transportation rate structures affecting the com-
merce of the port. _—

k) To establish, acquire, lease, maintain and operate, within the
corporate limits of the city, a public transportation system, when and as
authorized by the council of the city of Norfolk.

To extend the operation and maintenance of such transportation sys-
tem in territory adjoining the city of Norfolk when and as authorized so
to do by the governing body of the political subdivision in which extended
and as otherwise provided by law.

(1) To establish, acquire, lease, maintain and operate such other public
utilities and facilities as may be required of said Port Authority by the
council of the city of Norfolk and as may be otherwise authorized by law.

(m) To establish, acquire, lease, maintain and operate * places * for
the parking or storage of vehicles by the public *; to operate and maintain
such places; to authorize or permit others to use, operate or maintain
such places upon such terms and conditions as it may prescribe; to charge
or authorize the charging of compensation for the parking or storage of
vehicles at or in such places; and to accept from others donations of money
or other property, or the right to use such property, to aid, in whole or
in part, in the acquisition, maintenance and operation of such places.
Before the powers set forth in this paragraph are exercised by the Author-
ity prior approval of the council shall be first obtained.

® *

(n) To fix and charge tolls, fees and other charges for the use of,
or for services rendered by, any of the facilities it is authorized * to
establish, construct, acquire, lease, maintain and operate.

(o) To appoint and employ such officers, agents and employees as
may be necessary to carry out the purposes of said Authority, to fix their
compensation and to prescribe their duties.

(p) To do all other acts and things which may be reasonably neces-
sary and convenient to carry out the purposes and powers given herein. -

The powers conferred upon the Authority by this section except the
powers conferred by clauses (h), (i), (j), and (k) of this section shall
be exercised solely within the corporate limits of the city of Norfolk;
provided further that rentals and charges for any and all facilities con-
structed and/or operated pursuant to clauses (f) and (g) shall, as near as
possible, be at commercial rates for like facilities or services, and include
a sum equivalent to real estate taxes at current rates on such property.

Whenever in this act approval of the council of the city of Norfolk
is required to enable the Norfolk Port and Industrial Authority to exercise
any power herein granted it, such approval shall be only by a formal
ordinance.

§ 144 (d). Transfer of City’s Facilities —The council of the city of
Norfolk is hereby authorized and empowered to transfer to said Port
Authority the operation and maintenance of such of the above or other
facilities as are now or may be hereafter owned by the city of Norfolk,
on such terms and conditions as said council may prescribe. Nothing herein
contained shall be construed as authorizing such Port Authority to main-
tain and operate such facilities now or hereafter owned by the city of
Norfolk unless and until the operation thereof has been transferred by
said council.

§ 144 (e). Contributions by City.—The city of Norfolk is author-
ized and empowered to make such appropriations * , to provide such funds,
and to make such loans and charge interest thereon to said Port Authority
for the operation of the said Port Authority and for said Port Authority
to operate and maintain, including the making of capital improvements
thereon, any public utility or facility it has the power to acquire, lease,
maintain and operate either directly or by transfer by the city of Norfolk
to the said Authority and for the general operation of said Port Authority
im carrying out its functions and powers, as its council may deem proper.

§ 144 (f). Bonds—Power to Issue—The Authority shall have the
power to borrow money on either a short-term or a long-term basis and to
issue * from time to time its notes, bonds and other evidences of debt pay-
able on such terms, conditions and provisions as in its discretion may be ad-
visable, for any of its corporate purposes, including the payment or retire-
ment of bonds, notes or other evidences of debt previously issued by it.
The Authority may issue such types of bonds as it may determine, includ-
ing (without limiting the generality of the foregoing) bonds payable, both
as to principal and interest; a) From its revenues generally ; b) exclu-
sively from the income and revenues of a particular “facility”, which term
shall mean a particular building or structure or particular buildings or
structures including all equipment, appurtenances and accessories nece¢s-
sary or appropriate for the operation of such facility; or, c) exclusively
from the income and revenues of certain designated facilities whether or
not they are financed in whole or in part from the proceeds of such bonds.
Any such bonds may be additionally secured by a pledge of any grant or
contributions from the federal government, the Commonwealth of Vir-
ginia or city of Norfolk, or a pledge of any income or revenues of the
Authority, or a mortgage, deed of trust, or other lien of any particular
facility or facilities or other property of the Authority.

Except as to provisions of subsection (g) of Section 144 (c), the
power to issue bonds shall not be exercised prior to July one, nineteen
hundred fifty.

Whenever in this or other sections relating to the power of the
Authority to issue its bond or bonds, the term “bond” or “bonds” is used,
zt shall be construed to mean and embrace its bonds, notes or other evidence
of debt or any other obligations of said Authority.

2. An emergency exists and this act is in force from its passage.