CHAPTER 480

An Act to amend and reenact §§ 3 and 5 of Chapter 892 of the Acts of
Assembly of 1962, which created the Alexandria Port Commission,
the sections relating, respectively, to definitions under the act and to
the powers of the Commission; and to amend the said chapter by add-
ing a section numbered 21, relating to the authority of the Commis-
sion to own and operate certain properties. rH 467]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That §§ 8 and 5 of Chapter 392 of the Acts of Assembly of 1962 be
amended and reenacted, and that the said chapter be amended by adding
a section numbered 21, as follows:

§ 3. As used in this Act, the following words and terms shall have
the following meanings, unless the context shall indicate another or dif-
ferent meaning or intent:
(a) The word “Commission” shall mean the Alexandria Port Com-
mission created by Section 2 of this Act or, if said Commission shall be
abolished, the board, body or commission succeeding to the principal func-
tions.thereof or to whom the powers given by this Act to the Commission
shall be given by law.

(b) The word “bonds” or the words “revenue bonds” shall mean
revenue bonds of the Commission issued under the provisions of this Act.

(c) The words “port facility” shall mean any facility within or with-
out or within and without the corporate limits of the city of Alexandria
useful or desirable in promoting, developing, constructing, equipping,
maintaining and operating the facilities of the harbor and port of the city
of Alexandria, including but without limitation landings, wharves, docks,
ships, barges, piers, quays, elevators, compressors, refrigeration storage
plants, and the approaches to and appurtenances thereof, tracks, spurs,
crossings, switchings, terminals, warehouses, tanks and terminal facilities
of every kind and description necessary or useful in the transportation
of passengers and the transportation and storage of * goods, wares and
merchandise, and any facilities relating to the receipt, delivery, shipment
and transfer in transit, weighing, marking, tagging, ventilating, fumigat-
ing, refrigerating, icing, storing and handling of * goods, wares and
merchandise; provided that all transportation activities shall be limited
to the corporate limits of the City of Alexandria.

(d) The word “cost” as applied to any port facility project shall
embrace the cost of acquisition or construction, the cost of the acquisition
of all land, rights of way, property, rights, franchises, easements, and
interests acquired by the Commission for such acquisition or construction,
the cost of demolishing or removing any buildings or structures on land
so acquired, including the cost of acquiring any lands to which such build-
ings or structures may be moved, the cost of acquiring or constructing
enlargements or improvements to any port facility, the cost of all machin-
ery and equipment, provision for reasonable working capital, financing
charges, interest prior to and during construction and, if deemed advisable
by the Commission, for a period not exceeding one year after completion
of construction, cost of engineering and legal services, plans, specifica-
tions, surveys, estimates of cost and of revenues, other expenses necessary
or incident to determining the feasibility or practicability of acquiring or
constructing any such port facility, administrative expense, and such other
expenses as may be necessary or incident to the acquisition or construc-
tion of such port facility, the financing of such acquisition or construction
and the placing of the port facility in operation. Any obligation or expense
hereafter incurred by the city of Alexandria or any other political sub-
division or agency of the Commonwealth with the approval of the Com-
mission for surveys, borings, preparation of plans and specifications, and
other engineering services in connection with the acquisition or construc-
tion of the port facility shall be regarded as a part of the cost of such
port facility and shall be reimbursed to the city or such political sub-
division or agency out of the proceeds of revenue bonds issued for the
port facility as hereinafter authorized.

(e) The word “owner” shall include all persons as defined in § 1-18.19
of the Code of Virginia having any interest or title in and to property,
rights, pranchises, easements and interests authorized to be acquired by

is ;

§ 5. Without in any manner limiting or restricting the powers given
to the Commission elsewhere in this Act, the Commission is hereby
authorized and empowered:

(a) To acquire, lease, construct, maintain, equip and operate any port
facility, and to lease any port facility or part thereof or any concession
properly incident thereto to any person, firm or corporation for the main-
tenance and operation thereof on such terms and conditions as the Com-
mission may deem proper; ;

(b) To make rules and regulations for the conduct of its business;

(c) To acquire, by purchase in the name of the Commission, and to
hold and dispose of real and personal property for the corporate purposes
of the Commission; ;

(d) To employ consulting engineers, an executive director, and such
other engineering, architectural, construction and accounting experts and
inspectors and attorneys and such other agents and employees as may
deemed necessary, and within the limitations prescribed in this Act, to
prescribe their powers and duties and fix their compensation ; ;

(e) To pay, from any available moneys, the cost of plans, specifica-
tions, surveys, estimates of costs and revenues, legal fees and other expenses
necessary or incident to determining the feasibility or practicability of
facie constructing, maintaining, repairing and operating any port

acility ;

(f) Subject to the approval by ordinance of the City Council of the
city of Alexandria, to issue revenue bonds of the Commission, for any of
its corporate purposes, payable solely from the rates, fees, charges and
revenues pledged for their payment, and to refund its bonds, all as pro-
vided in this Act;

(g) To fix and revise from time to time and to charge and collect
rates, fees and charges for the use of any port facility and for the services
provided thereby;

(h) To make and enter into all contracts or agreements, as the Com-
mission may determine, which are necessary or incidental to the perform-
ance of its duties and to the execution of the powers granted under this

(i) To accept loans and grants of money or materials or property at
any time from the United States of America, or the State of Virginia or
any agency or instrumentality thereof ;

(j) To adopt an official seal and alter the same at its pleasure; and
to make and from time to time amend and repeal by-laws and rules and
regulations not inconsistent with law to carry into effect the powers and
purposes of the Commission;

(k) To sue and be sued, plead and be impleaded;

(1) To exercise any power usually possessed by private corporations
performing similar functions, including the right to expend, solely from
funds provided under the authority of this Act, such funds as may be
considered by the Commission to be advisable or necessary in advertising
its facilities and services;

(m) To do all acts and things necessary or incidental to the perform-
ance of its duties and the execution of its powers under this Act;

(n) In connection with seeking construction or services, other than
professional or technical services, to be rendered for or on behalf of the
Commission wherein an expenditure of more than * $15,000 will be made
by it in any one year, the Commission shall first advertise for bids in a
newspaper of general circulation in the city of Alexandria at least once a
week for four consecutive weeks. The Commission shall have the right to
reject any and all bids but if any bid is accepted it shall be that of the
lowest responsible bidder; and

(o) In connection with the sale, leasing, or disposal of any facility,
or right to operate any such facility, in whole or in part, the Commission
shall first advertise for bids in a newspaper of general circulation in the
city of Alexandria at least once a week for four consecutive weeks. The
Commission shall have the right to reject any and all bids but if any bid
is accepted it shall be that of the highest responsible bidder.

§ 21. Notwithstanding any provisions of Chapter 392 of the Acts of
Assembly of 1962 to the contrary, the Commission is authorized solely
within the corporate limits of the City of Alexandria, to acquire or operate
pipelines and facilities and with the consent of the local governing body of
the area or areas affected, acquire and own property in such areas outside
of said city. The Commission shall not have the power of eminent domain.