An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1966 |
---|---|
Law Number | 178 |
Subjects |
Law Body
CHAPTER 178
An Act to amend the Code of Virginia by adding in Chapter 8 of Title 38
a@ new article numbered 11.2, containing sections numbered 88-255.44:
11 through 38-255.44:32 creating a political subdivision and public
body corporate of the Commonwealth of Virginia to be known as the
Richmond Metropolitan Authority” and defining its powers and
duties,
[S 298]
Approved March 30, 1966
1 ne i enacted by the General Assembly of Virginia:
Title 93 the Code of Virginia be amended by adding in Chapter 3 of
255 Ad: i article numbered 11.2, containing sections numbered 33-
“44:11 through 88-255.44 :32. as follows:
ARTICLE 11.2.
Richmond Metropolitan Authority
§ 33-255.44:11. Definitions —As used in this article, the following
words and terms shall have the following meanings, unless the context
shall indicate another or different meaning or intent:
(a) The word “Authority” shall mean the Richmond Metro-
politan Authority created by §§ 33-255.44:12 of this article, or if the
Authority shall be abolished, the board, body, commission or agency
succeeding to the principal functions thereof or on whom the powers
given by this article to the Authority shall be conferred by law, but
shall not include the City of Richmond or the Counties of Chester-
field and Henrico.
(b) The words “Authority Facility’ shall mean any or all
facilities purchased, constructed or otherwise acquired by the Author-
ity pursuant to the provisions of this article, and all extensions, im-
provements and betterments thereof.
(c) “Project” shall mean any single facility constituting an
Authority Facility, as described in the resolution or Trust Agreement
providing for the construction thereof, including extensions, improve-
ments and betterments thereof.
(d) The word “cost” as applied to any Project shall include the
cost of construction, landscaping and conservation, the cost of acquisi-
tion of all land, rights of way, property, rights, easements and inter-
ests acquired by the Authority for such construction, landscaping and
conservation, the cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring any
lands to which such buildings or structures may be moved, the cost
of all machinery and equipment, financing charges, interest prior to
and during construction and for a period of time after completion
of construction as deemed advisable by the Authority, cost of traffic
estimates and of engineering and legal services, plans, specifications,
surveys, estimates of cost and of revenues, other expenses necessary
or incident to determining the feasibility or practicability of con-
structing the Project, administrative expenses, payments to The Rich-
mond-Petersburg Turnpike Authority or others for services during
the period of construction, initial working capital, debt service re-
serves, and such other expenses as may be necessary or incident to the
construction of the Project, the financing of such construction and the
placing of the Project in operation. Any obligation or expense in-
curred by the State Highway Commission or by the City of Richmond,
or the Counties of Henrico or Chesterfield before or after the effective
date of this article, for surveys, engineering, borings, plans and
specifications, legal and other professional and technical services, re-
ports, studies and data in connection with the construction of a Project
shall be repaid or reimbursed by the Authority and the amounts
thereof shall be included as a part of the cost of the Project.
(e) The words “public highways” shall include public highways,
roads and streets, whether maintained by the Commonwealth or the
City of Richmond or by the Counties of Henrico or Chesterfield.
(f) The word “bonds” or the words “revenue bonds” shall mean
revenue bonds or revenue refunding bonds of the Authority issued
under the provisions of this article.
(g) The word “Owner” shall include all individuals, partner-
ships, associations, organizations and corporations, the City of Rich-
mond, the County of Henrico, the County of Chesterfield and all
public agencies and instrumentalities having any title or interest in
any property, rights, easements and interests authorized to be ac-
CH. 178} ACTS OF ASSEMBLY 829
quired by this article.
(h) The words “controlled access highway” and “limited ac-
cess highway” shall mean a highway especially designed for through
traffic over or to which owners or occupants of abutting property
or other persons have no easement of or right to light, air, view or
access by reason of the fact that their property abuts upon such
highway, and access to which highway is controlled by the Author-
ity, the Commonwealth, the City of Richmond or the Counties of
Henrico or Chesterfield so as to give preference to through traffic by
providing access connections with selected public roads only and by
prohibiting crossings at grade or direct private driveway connections.
(1) The word “revenues” shall mean any or all fees, tolls, rents,
rates, receipts, moneys and income derived by the Authority through
the ownership and operation of Authority Facilities, and shall include
any cash contributions made to the Authority by the Commonwealth
or any agency or department thereof, the City of Richmond and the
Counties of Henrico and Chesterfield not specifically dedicated by
the contributor for a capital improvement.
vi The word “Commonwealth” shall mean the Commonwealth
of Virginia.
§ 83-255.44:12. Creation of the Authority.—There is hereby created
a political subdivision and public body corporate and politic of the Com-
monwealth of Virginia to be known as the “Richmond Metropolitan Au-
thority” (hereinafter referred to as the “‘Authority”) to be governed by
a Board of Directors consisting of eleven members, one member to be
appointed by the Board of Supervisors of Chesterfield County for a period
of two years from the date of appointment; one member to be appointed
by the Board of Supervisors of Chesterfield County for a term of four
years from the date of appointment; one member to be appointed by the
Board of Supervisors of Henrico County for a period of two years from
the date of appointment; one member to be appointed by the Board of
Supervisors of Henrico County for a term of four years from the date of
appointment; three members to be appointed by the Mayor of the City of
Richmond with the approval of the City Council for a term of two years
from the date of appointment; three members to be appointed by the
Mayor of the City of Richmond with the approval of the City Council
for a term of four years from the date of appointment and one ex-officio
member from the State Highway Commission to be appointed by the
State Highway Commissioner; and thereafter the appointive members of
the Board shall be appointed for terms of four years and until their
successors have been appointed and are qualified. Vacancies in the mem-
bership of the Board shall be filled by the appointment of the governing
body which had appointed the member of the Board which created such
vacancy for the unexpired portion of the term. The Board so appointed
enter upon the performance of its duties and shall initially and
annually thereafter elect one of its members as Chairman and another
as Vice Chairman, and shall also elect annually a Secretary or Secretary-
his rer who need not be a member of the Board. The Chairman, or in
rr nee the Vice Chairman, shall preside at all meetings of the Board,
shall the absence of both the Chairman and Vice Chairman, the Board
gi Ai a Chairman pro tempore who shall preside at such meetings.
shall rectors shall constitute a quorum, and all action by the Board
and require the affirmative vote of a majority of the Directors present
mi The members of the Board shall be entitled to reimburse-
Of while cxpeuses incurred in attendance upon meetings of the Board
memb otherwise engaged in the discharge of their duties, and each
each day Oe Lew be paid the sum of Twenty-five Dollars per day for
on thereof during whirh ho ja engaged in the nerformanca
is duties. Such expenses and compensation shall be paid out of the
sury of the Authority in such manner as shall be prescribed by the
1ority.
§ 33-255.44:18. Powers of the Authority.—That in order to allevi-
highway congestion, promote highway safety, expand highway con-
ction, increase the utility and benefits and extend the services of
ic highways, including bridges, tunnels and other highway facilities,
free and toll, and otherwise contribute to the economy, industrial
agricultural development and welfare of the Commonwealth and the
of Richmond and Counties of Henrico and Chesterfield, the Author-
hall have the following powers:
(a) To contract and be contracted with; to sue and be sued;
and to adopt and use a seal and to alter the same at its pleasure;
(b) To acquire and hold real or personal property necessary or
convenient for its purposes;
(c) To sell, lease or otherwise dispose of any personal or real
property or rights, easements or estates therein deemed by the Au-
thority not necessary for its purposes;
(d) To purchase, construct or otherwise acquire, maintain, re-
pair and operate, or cause to be repaired, maintained and operated,
controlled access express highways or super highways, within the
corporate limits of the City of Richmond and the Counties of Chester-
field and Henrico, including all bridges, tunnels, overpasses, under-
passes, grade separations, interchanges, entrance plazas, approaches,
approach roads, tollhouses and administration, storage and other build-
ings and facilities which the Authority may deem necessary or con-
venient for the operation of such controlled access express highways
or super highways. Title to any property acquired by the Authority
shall be taken in the name of the Authority ;
(e) With the approval of the Council of the City of Richmond
and the Boards of Supervisors of the Counties of Henrico and
Chesterfield to own, operate and maintain rapid transit facilities for
the transportation of the public, and to enter into contracts with
said City and County or Counties and any public service corpora-
tions doing business as common carriers of passengers and property
for the use of Authority Facilities for said purpose, and construct,
acquire, operate and maintain any other properties and facilities for
the relief of traffic congestion or to promote the flow of commerce
that the Council of the City of Richmond and the Boards of Super-
visors of the Counties of Chesterfield and Henrico may request the
Authority to provide;
(f) The Authority is authorized and empowered to acquire by
the exercise of the power of eminent domain any lands, property,
rights, rights-of-way, franchises, easements and other property, in-
cluding public lands, parks, playgrounds, reservations, highways, or
parkways, or parts thereof or rights therein, of any person, copartner-
ship, association, railroad, public service, public utility or other corpo-
ration, or of any municipality, county or other politicial subdivision,
deemed necessary or convenient for the construction or the efficient
operation of the project or necessary in the restoration, replacement
or relocation of public or private property damaged or destroyed,
whenever a reasonable price cannot be agreed upon with the governing
body of such municipality, county or other political subdivision as to
such property owned by it, or whenever the Authority cannot agree
on the terms of purchase or settlement with the other owner or
owners because of the incapacity of such owner or owners or because
of the inability to agree on the compensation to be paid or other
terms of settlement or purchase, or because such owner or owners
are non-residents of the Commonwealth, or are unknown, or are un-
able to convey valid title to such property. Such proceedings shall be
in accordance with and subject to the provisions of any and all laws
of the Commonwealth applicable to the exercise of the power of
eminent domain in the name of the State Highway Commissioner and
subject to the provisions of § 25-283 of the Code of Virginia, 1950,
as fully as if the Authority were a corporation possessing the power
of eminent domain; provided, however, that title to any property
condemned by the Authority shall immediately vest in the Authority
and the Authority shall be entitled to the immediate possession of
such property upon the deposit with the clerk of the court in which
such condemnation proceedings are originated, of the total amount of
the appraised price of the property and court costs and fees as pro-
vided by said laws, notwithstanding that any of the parties to such
proceedings shall appeal from any decision in such condemnation pro-
ceeding. Whenever the Authority shall make such deposit in con-
nection with any condemnation proceeding, the making of such deposit
shall not preclude the Authority from appealing any decision rendered
in such proceedings. Upon the deposit with the clerk of the court
of the appraised price, any person or persons entitled thereto may,
upon petition to the court, be paid his or their pro rata share of
90% of such appraised price. The acceptance of such payment shall not
preclude such person or persons from appealing any decision rendered
in such proceedings. If the appraisement is greater or less than the
amount finally determined by the decision in such proceeding or by
an appeal, the amount of the increase or decrease shall be paid by
or refunded to the Authority.
The terms “appraised price” and “appraisement” as used in this
section mean the value determined by two competent real estate
appraisers appointed by the Authority for such purposes.
The acquisition of any such property by condemnation or by the
exercise of the power of eminent domain shall be and is hereby
declared to be a public use of such property.
(zg) To determine the location of any controlled access express
highways or super highways constructed or acquired by the Au-
thority, subject to the approval of the State Highway Commission
and to determine the design standards and materials of construction
of such highways;
( To designate with the approval of the State Highway Com-
mission the location in the City of Richmond and in the Counties of
Henrico and Chesterfield, and establish, limit and control such points
of ingress to and egress from any limited access highway constructed
by the Authority within the corporate limits of said City and Counties
as may be necessary or desirable in the judgment of the Authority
to insure the proper operation and maintenance of such highway; to
prohibit entrance to and exit from such highway from any point
or points not so designated; and to construct, maintain, repair and
operate service roads connecting with points of ingress to and egress
from such highway at such locations in the City of Richmond and
in the Counties of Henrico and Chesterfield as may be designated
by the Authority ;
(1) To connect any highway constructed or acquired by the
Authority with The Richmond-Petersburg Turnpike with the approval
of the State Highway Commission and The Richmond-Petersburg
Turnpike Authority, at such location or locations as shall be mutually
agreed upon;
of its powers under this article, including contracts or agreements
authorized by this article with the State Highway Commission,
the City of Richmond, the Counties of Henrico and Chesterfield and
The Richmond-Petersburg Turnpike Authority ;
(k) To construct grade separations at intersections of any lim-
ited access highway constructed by the Authority with public high-
ways, streets or other public ways or places, and to change and adjust
the lines and grades thereof so as to accommodate the same to the
design of the grade separation; the cost of such grade separations
and any damage incurred in changing and adjusting the lines and
grades of such highways, streets, ways and places shall be ascertained
and paid by the Authority as a part of the cost of such highway;
(1) To vacate or change the location of any portion of any
public highway, street or other public way or place, public utility,
sewer, pipe, main, conduit, cable, wire, tower, pole and other equip-
ment and appliance of the Commonwealth, the City of Richmond
or of the Counties of Henrico and Chesterfield, and to reconstruct
the same in such new location as shall be designated by the Authority,
and of substantially the same type and in as good condition as the
original] highway, street, way, place, public utility, sewer, pipe, main,
conduit, cable, wire, tower, pole, equipment or appliance; the cost of
such reconstruction and any damage incurred in vacating or changing
the location thereof shal] be ascertained and paid by the Authority as
a part of the cost of the project in connection with which such expend-
itures were made; and any public highway, street or other public
way or place vacated or relocated by the Authority shall be vacated or
relocated in the manner provided by law for the vacation or relocation
of public roads, and any damages awarded on account thereof shall be
paid by the Authority as a part of the cost of said project;
(m) To enter upon any lands, waters and premises for the pur-
pose of making such surveys, soundings, borings and examinations as
the Authority may deem necessary or convenient for its purposes, and
such entry shall not be deemed a trespass, nor shall an entry for such
purposes be deemed an entry under any condemnation proceedings;
provided, however, the Authority shall pay any actual damage result-
ing to such lands, water and premises as a result of such entry and
activities ;
(n) To operate or permit the operation of vehicles for the trans-
portation of persons or property for compensation on any limited
access highway constructed or acquired by the Authority, provided the
State Corporation Commission or the Interstate Commerce Commis-
sion shall not be divested of jurisdiction to authorize or regulate the
operation of such carriers;
(o) To establish reasonable regulations for the installation, con-
struction, maintenance, repair, renewal, relocation and removal of
pipes, mains, sewers, conduits, cables, wires, towers, poles and other
equipment and appliances (herein referred to as “public utility facili-
ties”) of the City of Richmond and the Counties of Henrico and Ches-
terfield and of public utility and public service corporations and of any
person, firm or other corporation rendering similar services, owning
or operating public utility facilities in, on, along, over or under high-
ways constructed by the Authority; and whenever the Authority shall
determine that it is necessary that any public utility facilities should
be relocated or removed, the Authority may relocate or remove the
public utility facilities in accordance with the regulations of the
Authority and the cost and expense of such relocation or removal,
including the cost of installing the public utility facilities in a new
location or locations and the cost of any lands or any rights or interests
in lands and any other rights acquired to accomplish such relocation
or removal shall be paid by the Authority as a part of the cost of such
highway, and the owner or operator of the public utility facilities may
maintain and operate the public utility facilities with the necessary
appurtenances in the new location or locations for as long a period and
upon the same terms and conditions as it had the right to maintain
and spreeate the public utility facilities in their former location or
ons;
(p) To borrow money and issue bonds, notes or other evidences
of indebtedness for any of its corporate purposes as provided in this
article payable solely from the revenues pledged for the payment of
such bonds, notes or other evidences of indebtedness ;
(q) To fix, charge and collect fees, tolls, rents, rates and other
charges for the use of Authority Facilities and the several parts or
sections thereof ;
(r) To establish rules and regulations for the use of any of the
Authority Facilities as may be necessary or expedient in the interest
of public safety with respect to the use of Authority Facilities and
property under the control of the Authority ;
(s) To employ consulting engineers, attorneys, accountants,
construction and financial experts, superintendents, managers, trus-
tees, depositaries, paying agents and such other employees and agents
as may be necessary in the discretion of the Authority to construct,
acquire, maintain and operate Authority Facilities and to fix their
compensation ;
(t) To receive and accept from any federal agency for or in aid
of the construction of any Authority Facility, and to receive and
accept from the Commonwealth, the City of Richmond or the Counties
of Henrico and Chesterfield and from any other source, grants, contri-
butions or other aid in such construction, or for operation and mainte-
na either in money, property, labor, materials or other things of
value;
(u) To do all other acts and things necessary or convenient to
carry out the powers expressly granted in this article.
§ 33-255.44:14. Issuance of Revenue Bonds.—The Authority is
ereby authorized to provide by resolution for the issuance from time to
ime of revenue bonds of the Authority for the purpose of paying all or any
art of the cost of Authority Facilities or any project or portion of such
‘acilities, The principal of and interest on such bonds shall be payable
wlely from the revenues pledged for such payment. The bonds of each
issue or series shall be dated, shall bear interest at such rate or rates not
exceeding six per centum (6%) per annum, shall mature at such time or
times not exceeding fifty years from the date or dates thereof, as may be
determined by the Authority and may contain provisions reserving the
right of the Authority to redeem such bonds before maturity at such price
or prices and upon such terms and conditions as may be fixed by the
Authority in the resolution authorizing such bonds. Such bonds may be
issued in coupon or registered form or both as prescribed by the Authority,
and provisions may be made for the registration of coupon bonds as to
principal only or as to both principal and interest and for the reconversion
registered bonds into coupon bonds. Such bonds may be issued in any
omination or denominations and may be made payable at any bank
or trust company within or without the Commonwealth as the Authority
may determine. Such bonds and the coupons attached to coupon bonds
l be signed in such manner either manually or by facsimile signature
as shall be determined by the Authority, and sealed with the seal of the
Authority or a faceimile thereof. In case anv officer whose sionatnra ax
such officer before the delivery of such bonds, such signature or such
facsimile signature shall nevertheless be valid and sufficient for all pur-
poses, the same as if such officer or officers had remained in office until the
delivery thereof. The Authority may sell such bonds in such manner
either at public or private sale and for such price or prices as the Authority
may determine, but no such sale shal] be made at a price so low as to require
the payment of interest on the money received therefor at more than six
per centum per annum, computed with relation to the absolute maturity of
the bonds in accordance with standard tables of bond values, excluding,
however, from such computation the amount of any premium to be paid on
the redemption of any bonds prior to maturity. Prior to the preparation of
definitive bonds, the Authority may, under like restrictions, issue interim
receipts or temporary bonds, with or without coupons, exchangeable for
definitive bonds when such bonds shall have been executed and are available
for delivery. The Authority may also provide for the replacement of any
bonds which shall have become mutilated or shall be destroyed or lost.
§ 38-255.44:15. Rates and Charges.—Whenever the Authority shall
have constructed or otherwise acquired Authority Facilities and has issued
bonds for such purpose, the Authority shall fix, revise, charge and collect
fees, tolls, rents, rates and other charges for the use of such Facilities and
the different parts or sections thereof, sufficient, together with any other
moneys made available and used for that purpose, to pay the principal of
and interest on such bonds, together with reserves for such purposes, and
to maintain and operate such Facilities and to keep the same in good condi-
tion and repair. Such fees, toils, rents, rates and other charges shall] not be
subject to supervision or regulation by any commission, board, bureau or
agency of the Commonwealth or of any municipality, county or other
political subdivision of the Commonwealth, and all revenues, when col-
lected, and the proceeds from the sale of revenue bonds, shall be held by
the Authority in trust for the benefit of the holders of bonds of the Author-
ity issued for the construction or acquisition of Authority Facilities and for
the proper maintaining, operating and repairing the Authority Facilites.
Revenue bonds issued under the provisions of this article shall not be
deemed to constitute a debt of the Commonwealth or of the City of Rich-
mond or the County of Henrico or County of Chesterfield or a pledge of the
faith and credit of the Commonwealth, the City of Richmond or of the
County of Henrico or Chesterfield, and shall be payable solely from the
funds provided therefor from revenues.
§ 33-255.44:16. Refunding Bonds.—The Authority is hereby author-
ized by resolution to provide for the issuance of refunding revenue bonds
with which to refund outstanding revenue bonds or any issue or series of
such outstanding bonds, which refunding revenue bonds may be issued at
or before the maturity or redemption date of the bonds to be refunded, and
to include different issues or series of such outstanding revenue bonds by @
single issue of refunding revenue bonds, and to issue refunding revenue
bonds to pay any redemption premium and interest to accrue and become
payable on the outstanding revenue bonds being refunded to the date of
payment or redemption, and to establish reserves for such refunding rev-
enue bonds. Such refunding revenue bonds shall be payable solely from all
or that portion of the revenues of the Authority Facilities pledged to the
payment thereof in the bond resolution pursuant to which said bonds were
issued. Such refunding revenue bonds may, in the discretion of the Author-
ity, be exchanged at par for the revenue bonds which are being refunded,
or may be sold at public or private sale in such manner and at such price or
prices as the Authority shall deem for the best interests of the Authority,
but no such sale shall be made at a price so low as to require the payment of
interest on the money received therefor at more than six per centum per
annum, computed with relation to the absolute maturity of the bonds in
accordance with standard tables of bond values, excluding, however, from
such computation the amount of any premium to be paid on the redemp-
tion of any bonds prior to maturity, and may be issued and delivered at any
time prior to the date of redemption or maturity date of the bonds to be
refunded as the Authority determines to be in the best interests of the
Authority. The interest rate or rates on refunding revenue bonds shall
not be limited by the interest rate or rates borne by any of the revenue
bonds to be refunded thereby. The proceeds derived from the sale of re-
funding revenue bonds issued under this article shall be invested in obliga-
tions of or guaranteed by the United States Government pending the
application of such proceeds to the purpose for which such refunding
revenue bonds have been issued, and to further secure such refunding
revenue bonds the Authority may contract with the purchasers thereof
with respect to the safekeeping and application of the proceeds thereof
and the safekeeping and application of the earnings of such investments.
The determination of the Authority with respect to the financial soundness
and advantage of the issuance and delivery of refunding revenue bonds
authorized under this article shall be conclusive, but nothing herein con-
tained shall require the holders of any outstanding revenue bonds being
refunded to accept payment thereof otherwise than as provided in said
outstanding bonds. ;
_ § 83-255.44:17. Trust Agreement.—In the discretion of the Author-
ity any bonds issued under the provisions of this article may be secured by
a trust agreement or indenture by and between the Authority and a cor-
porate trustee, which may be any trust company or bank having the powers
of a trust company within or without the Commonwealth to be selected by
the Authority in such manner as it may elect. Such trust agreement or the
resolution providing for the issuance of such bonds may pledge or assign
all or any portion of the tolls and other revenues to be received by the
Authority from the ownership and operation of Authority Facilities: but
I not convey or mortgage any Authority Facilities or any part thereof.
It shall be lawful for any bank or trust company incorporated under the
laws of the Commonwealth which may act as depositary of the proceeds of
bonds or of revenues to furnish such indemnifying bonds or to pledge such
securities as may be required by the Authority. Any such resolution, trust
agreement or indenture may set forth the rights and remedies of the bond-
holders and of the trustee, and may restrict the individual right of action
by bondholders. In addition to the foregoing, any such resolution, trust
agreement or indenture may contain such other provisions as the Authori
may deem reasonable and proper for the security of the bondholders. Ail
pao pated te earning out ine provisions of bein trust agreement
lution may be treated as a part of the cost of the operati
Authority Facilities or portion thereof. peration of the
All or any portion of the revenues derived from the ownership and
operation of Authority Facilities, as may be provided for in the resolution
authorizing the issuance of such bonds or in the trust agreement or inden-
ture securing the same, may be pledged to, and charged with, the payment
of the principal of and the interest on such bonds as the same shall become
due, and the redemption price or the purchase price of bonds retired b
call or purchase as therein provided. Such pledge shall be valid and bindi :
from the time when the pledge is made; the revenues or other mone a
Pledged and thereafter received by the Authority shall immediately be
subject to the lien of such pledge without any physical delivery there f
further act, and the lien of any such pledge shall be valid and bindin, el
against all parties having claims of any kind in tort, contract or oth & as
against the Authority, irrespective of whether such parties have paint
ereof. Neither the r i .
rq wciner the resolution nor any trust agreement nor indentura ce
the Authority.
§ 83-255.44:18. Covenants to Secure Bonds.—Any resolution author-
izing the issuance of bonds of the Authority may, for the benefit and
security of the holders from time to time of such bonds, contain covenants
by, the Authority for said purpose, including covenants as to, among other
Fact ‘ a ) The operation, maintenance and repair of the Authority
acilities ;
(b) The purpose or purposes to which the proceeds of the sale
of such bonds may be applied and the use and disposition thereof ;
(c) The use and disposition of the revenues of the Authority
derived from the ownership or operation of Authority Facilities and
additions, betterments and extensions thereof, including the invest-
ment thereof and the creation and maintenance of reserve funds and
funds for working capital and all renewals and replacements to
Authority Facilities ;
(d) The amount, if any, of additional revenue bonds payable
from such revenues which may be issued and the terms and conditions
on which such additional revenue bonds may be issued;
(e) Fixing, maintaining, collection and deposit of fees, tolls,
rents, rates and other charges for all the services sold, furnished or
supplied by the Authority Facilities ;
f) The operation, maintenance, repair, management, account-
ing and auditing of the Authority ;
(g) Limitations upon the right of the Authority to dispose of
Authority Facilities or any part thereof without providing for the
payment of the outstanding revenue bonds;
(h) The appointment of trustees, depositaries and paying
agents within or without the Commonwealth to receive, hold, dis-
burse, invest or reinvest the proceeds derived from the sale of
revenue bonds and all or any part of the revenues derived by the
Authority from the operation, ownership and management of the
Authority Facilities; and
(i) Such other covenants and agreements as may be determined
necessary in the discretion of the Authority to advantageously market
the revenue bonds of the Authority.
§ 83-255.44:19. Revenue Bonds Eligible for Investment.—Bonds is-
sued by the Authority under the provisions of this article are hereby
made securities in which all public officers and public bodies of the
Commonwealth and its political subdivisions, all insurance companies,
trust companies, banks, banking associations, investment companies, ex-
ecutors, administrators, trustees and other fiduciaries may properly and
legally invest funds, including capital, in their control or belonging to
them. Such bonds are also hereby made securities which may properly
and legally be deposited with and received by any Commonwealth or
municipal officer or any agency or political subdivision of the Common-
wealth for any purpose for which the deposit of bonds or obligations is
now or may hereafter be authorized by law.
§ 33-255.44:20. Authority Obligations to be Negotiable Instru-
ments—Enforcement of Bonds.—Notwithstanding the provisions of this
article, or any provisions of the laws of the Commonwealth, and any
recitals in any bonds, interim receipts or any other obligations issued
under the provisions of this article, all such bonds, interim receipts or
other obligations shall be deemed to be negotiable instruments under the
laws of this Commonwealth. The provisions of this article, and of any
resolution or resolutions or indentures providing for the issuance and se-
curity of any revenue bonds, interim receipts or other obligations issued
as herein set forth, shall constitute a contract with the holder or holders
of any such revenue bonds, interim receipts or other obligations, and the
agreements and covenants of the Authority under this article and under
any such resolution, resolutions or indentures shall be enforceable by any
holder or holders of revenue bonds, interim receipts or other obligations
issued under the provisions of this article and any representative of such
holder or holders, and any trustee appointed under the bond resolution and
authorized so to do may, by suit, action, injunction, mandamus or other
proceeding issued by a court of competent jurisdiction, enforce any and
all rights of such holders under the laws of the Commonwealth or granted
by this article and in any such bond resolution or indenture, and may
compel performance of all duties required to be performed by this article
and by such bond resolutions or indenture by the Authority or by any
officer or agent thereof, including the fixing, charging and collecting of
fees, hg rents, rates and other charges for the use of the Authority
jes.
§ 33-255.44:21. Exemption from Tazation.—All property, real and
personal, and all rights and interests therein and the income of the Au-
thority, the revenue bonds and the interest thereon, and the transfer
thereof and any profit made on the sale thereof, shall at all times be free
from taxation or assessment by the Commonwealth and by any mu-
uicipality, county or other political subdivision thereof.
§ 33-255.44:22. General Powers of City of Richmond and Counties
\f Henrico and Chesterfield.—The City of Richmond and the Counties of
lenrico and Chesterfield are hereby authorized and empowered to enter
nto and perform contracts or agreements with the Authority providing
or furnishing to the Authority one or more of the following cooperative
ndertakings or any combination thereof:
(a) The preparation, acquisition, loan or exchange of survey,
engineering, borings, construction and other technical reports, stud-
les, plans and data; ;
The providing of engineering, planning and other profes-
sional and technical services, labor or other things of value;
_.(c) The construction, in whole or in part, of public highways,
bridges, tunnels, viaducts, interchanges, connecting roads, grade cross-
ings and other highway facilities ; ;
(d) The providing of funds in lump sums or installments to
assist in paying the cost of any Authority facility or the operation
and maintenance thereof ;
(e) The acquisition and transfer to the Authority of land, in-
cluding easements, rights-of-way or other property, useful in the
construction, operation or maintenance of any Authority facility;
(f) The making of payments or contributions to the Authority
for the use of or in compensation for the services rendered by, any
Authority facility in lieu of the payment of tolls or other charges
therefor, and such payments and contributions shall be deemed reve-
hues of the project to the same extent as the tolls, rentals, fees and
other charges collected in the operation of the project ;
(g) When requested by the Authority, to vacate or change the
location of any public highway, street or other public way or place, or
any portion thereof, public utility, sewer, pipe, main, conduit, cable,
Wire, tower, pole and other equipment or appliance owned or con-
trolled by or under the jurisdiction of either the City of Richmond or
the Counties of Henrico or Chesterfield, in the manner required or
authorized by law conferring such power on the City of Richmond
or the Counties of Henrico or Chesterfield, and to construct the same
in such new location as shall be designated by the governing body of
the City of Richmond or the Counties of Henrico or Chesterfield,
thereof and any damages resulting therefrom required to be paid by
the City of Richmond or Counties of Henrico or Chesterfield shall be
reimbursed by the Authority as a part of the cost of the project in
connection with which such expenditures have been made; and
The connection of any project of the Authority with the
streets, highways, roads and other public ways in the City of Rich-
mond and in the Counties of Henrico and Chesterfield.
§ 33-255.44:23. Powers of City of Richmond and Counties of Hen-
rico and Chesterfield With Respect to Revenue Bonds Issued by the Au-
thority.—(a) That the City of Richmond and the Counties of Henrico
and Chesterfield are each hereby authorized and empowered to enter into
and perform from time to time contracts and agreements with the Au-
thority to aid the Authority to pay the principal of and interest on revenue
bonds or revenue refunding bonds issued by the Authority if, when, and
as the revenues of the Authority may not be sufficient to pay such prin-
cipal or interest when due. No such contract or agreement shall be deemed
to be lending or granting credit to or in aid of any person, association, com-
pany or corporation within the meaning of Section 185 of the Constitution ;
nor shall any such contract or agreement be deemed to be a pledge of the
faith and credit or of the taxing power of the City of Richmond or of the
County of Henrico or the County of Chesterfield for the payment of such
principal or interest except as may be otherwise provided in such con-
tracts or agreements. Any holder of bonds, notes, certificates or other
evidences of borrowing issued by the Authority under the provisions of this
article or of any coupons appertaining thereto, and the representatives
of such holders and the trustee under any bond resolution or indenture,
may either at law or in equity, by suit, action, mandamus or other pro-
ceedings, protect and enforce any and all rights of the Authority under
or by virtue of any such contract or agreement.
(b) That funds to perform any such contract or agreement may be
provided from time to time by the City of Richmond or the County of
Henrico or the County of Chesterfield by appropriations of general or
specific tax revenue, or by appropriations of accumulated funds allocated
for public improvements generally, or allocated to the purposes of such
contract or agreement, or by appropriations of the proceeds from the
sale of bonds, which may be issued from time to time as hereinafter pro-
vided.
(c) The City of Richmond and the Counties of Henrico and Chester-
field or any of them may issue bonds for the purpose of providing funds
to perform any contract or agreement entered into with the Authority
pursuant to the provisions of this article. Such bonds shall mature at such
time or times not exceeding forty years from their date or dates, as may
be determined by the governing body of the City of Richmond or the
County of Henrico or the County of Chesterfield issuing such bonds, and
may be redeemable before maturity, at the option of the governing
body of the City of Richmond or the County of Henrico or the County of
Chesterfield, at such price or prices and under such terms and conditions
as may be prescribed by such governing body prior to the issuance of the
bonds. The City of Richmond and the County of Henrico and the County
of Chesterfield may provide for the issuance of refunding bonds for the
purpose of refunding any outstanding bonds which shall have been is-
sued pursuant to the provisions of this subsection (c) of this section, in-
cluding the payment of any redemption premium thereon, and any in-
terest accrued or to accrue to the date of redemption of such bonds.
(d) The authority of the City of Richmond, the County of Henrico
and the County of Chesterfield to contract and to issue bonds pursuant to
this article is additional to any existing authority to contract and issue
bonds, anything in the laws of Virginia, including the Charter of the
City of Richmond, to the contrary notwithstanding, all of which laws
and Charter are hereby amended or modified so as to effectuate the powers
conferred by this article.
(e) The governing bodies of the City of Richmond and of the
Counties of Henrico and Chesterfield may exercise any of the powers
granted by this article by resolution, and all proceedings of the Council
of the City of Richmond and the Boards of Supervisors of the Counties
of Henrico and Chesterfield authorizing the execution of contracts here-
under and providing for the issuance of bonds pursuant to the provisions
of this article shall not be subject to the provisions of the Charter of the
City or the Code of Virginia permitting a referendum on actions taken
by said Council and Boards except as required by the Constitution, but
om such proceedings shall take effect immediately upon the adoption
ereof.
§ 33-255.44:24. Powers of the State Highway Commission.—The
State Highway Commission is authorized and empowered:
(a) To enter into and perform contracts or agreements with the
Authority to furnish it with surveys, engineering, borings, plans and
specifications and other technical services, reports, studies and data,
the cost of which shall be reimbursed by the Authority as a part of
the cost of the project in connection with which such contracts or
ents were entered into;
(b) To allocate to and for the construction, operation or main-
tenance, of any highways constructed by the Authority and pay to the
Authority such funds as may be or become available to the State
Highway Commission for such purposes;
(c) To permit the connection of any highways constructed or
acquired by the Authority with highways under the control and juris-
diction of the State Highway Commission ; and
(d) To employ independent consulting engineers having a na-
tionwide and favorable repute in estimating traffic over any such
highways to determine whether the construction of such highways
will result in substantial reduction in the volume of traffic over The
Richmond-Petersburg Turnpike and to use funds under the control
of the Commission for that purpose. ;
§ 33-255.44:25. Powers of The Richmond-Petersburg Turnpike Au-
thority.The Richmond-Petersburg Turnpike Authority is authorized
and empowered to enter into contracts with the Authority:
(a) To permit connection of highways constructed or acquired
by the Authority with The Richmond-Petersburg Turnpike at such
location or locations as shall be mutually agreed to by The Richmond-
Petersburg Turnpike Authority, the State Highway Commission and
the Authority;
(b) To enter into and perform contracts or agreements with
the Authority relating to the construction of any highway or limited
access highway by the Authority, or relating to the operation, main-
tenance and repair of such facilities after completion of construction,
in either case to furnish the Authority with such technical, engineer-
ing, professional managerial, operational and maintenance services
for such highways as shall be mutually agreed to, payments provided
by the terms of such contracts or agreements for the furnishing of
such services prior to the completion of construction shall be paid by
the Authority as a part of the cost of such highways, and thereafter
from revenues as a part of operation and maintenance expense.
§ 33-255.44:26. Acquisition of Property—(a) The Authority is
hereby authorized and empowered to acquire solely from funds provided
under the provisions of this article, such lands, structures, property, rights,
rights-of-way, franchises, easements and other interests in lands, includ-
ing lands lying under water and riparian rights, as it may deem necessary
or convenient for the construction and operation of Authority Facili-
ties, upon such terms and at such prices as may be considered by it to be
reasonable and can be agreed upon between it and the owner thereof.
(b) The City of Richmond, the Counties of Henrico and Chesterfield,
The Richmond-Petersburg Turnpike Authority and, with the approval of
the Governor, public agencies and commissions of the Commonwealth,
notwithstanding any contrary provision of law, are hereby authorized and
empowered to lease, lend, grant or convey to the Authority at its request
upon such terms and conditions as the governing bodies of the City of
Richmond, the Counties of Henrico and Chesterfield, The Richmond-
Petersburg Turnpike Authority or the proper authorities of such agencies
or commissions of the Commonwealth may deem reasonable and fair and
without the necessity of any advertisement, order of court or other action
or formality, other than the regular and formal action of the governing
bodies or authorities concerned, any real property which may be necessary
or convenient for the effectuation of the authorized purposes of the Author-
ity, including public highways and any other real property already devoted
to public use; provided, The Richmond-Petersburg Turnpike Authority
shall not lease, lend, grant or convey any part of the right-of-way of The
Richmond-Petersburg Turnpike in violation of the provisions of the Act
creating said Authority, or the provisions of the Indenture securing the
payment of the bonds issued by said Authority.
(c) The City of Richmond and the Counties of Henrico and Chester-
field are hereby authorized and empowered, subject to the provisions of
§ 25-233 of the Code of Virginia, to acquire by the exercise of the power of
eminent domain granted to or conferred upon them, and in accordance with
the procedure prescribed therefor, any real property which may be neces-
sary or convenient for the effectuation of the authorized purposes of the
Authority and to lease, lend, grant or convey such property to the
Authority upon such terms and conditions as the governing bodies of the
City of Richmond or Counties of Henrico and Chesterfield may deem
reasonable and fair; provided, neither the Authority, the City of Richmond
nor the Counties of Henrico or Chesterfield may acquire by the exercise of
the power of eminent domain any lands or property, or easement or right
therein, owned by The Richmond-Petersburg Turnpike Authority; the
acquisition of such real property by the exercise of the power of eminent
domain and the disposition of same to the Authority as herein provided
shall be and is hereby declared to be for a public use of such property.
(d) In any eminent domain proceedings by the Authority, the City
of Richmond or the Counties of Henrico or Chesterfield under this article,
the court having jurisdiction of the suit, action or proceeding may make
such orders as may be just to the Authority, the City of Richmond or
Counties of Henrico or Chesterfield, as the case may be, and to the owners
of the property to be condemned, and may require an undertaking or other
security to secure such owners against any loss or damage by reason of the
failure of the Authority or the City of Richmond or Counties of Henrico or
Chesterfield to accept and pay for the property, or by reason of the taking
of property occupied by such owners, but neither such undertaking or
security nor any act or obligation of the Authority or the City of Richmond
or Counties of Henrico or Chesterfield shall impose any liability upon the
Commonwealth.
(e) If the owner, lessee or occupier of any property to be condemned
or otherwise acquired pursuant to this article shall refuse to remove his
property therefrom or give up possession thereof, the Authority or the City
of Richmond or Counties of Henrico or Chesterfield, as the case may be,
may proceed to obtain possession in any manner provided by law.
(f) When the Authority or the City of Richmond or the Counties of
Henrico or Chesterfield proposes to construct a highway across the track
of any railroad, the exercise of the general power of eminent domain ove:
the property of a railroad granted by § 33-255.44:18 of this article shal
be limited with respect to the property, right-of-way, facilities, works 0:
appurtenances upon which the tracks at such proposed crossing are located
to the acquisition only of an easement therein, which crossing shall be con
structed either sufficiently above or below the grade of any such railroac
track or tracks so that neither the crossing then under construction no
any part thereof, including any bridge abutments, columns, supporting
structures and appurtenances, nor any traffic upon it shall interfere in an
manner with the use, operation or maintenance of the trains, tracks, work:
or appurtenances of the railroad nor interfere with or endanger the move
ment of the trains or traffic upon the tracks of the railroad. Prior to the
exercise of the power of eminent domain for such an easement, plans anc
specifications of that portion of the project to be constructed across th
railroad tracks showing compliance with such requirements and showings
sufficient and safe plans and specifications for such overhead or under
ground structure and appurtenances shall be submitted to the railroad fo1
examination and approval. If the railroad fails or refuses within thirty
days to approve the plans and specifications so submitted, the matter shal
be submitted by the Authority or the City of Richmond or Counties 0:
Henrico or Chesterfield, as the case may be, to the State Corporation Com
mission, whose decision, arrived at after due consideration in accordance
with its usual procedure, shall be final as to the sufficiency and safety o:
such plans and specifications and as to such elevations or distances above
or below such tracks. The overhead or underground structures and appur
tenances shall be constructed in accordance with such plans and specifi
cations and in accordance with such elevations or distances above or below
such tracks so approved by the railroad or the State Corporation Commis.
sion, as the case may be. A copy of the plans and specifications approvec
by the railroad or the State Corporation Commission shall be filed as ar
exhibit upon the institution of any proceedings brought in the exercise o1
the power of eminent domain.
(g) The Commonwealth hereby consents, subject to the approval of
the Governor, to the use by the Authority of any other lands or prope
owned by the Commonwealth, including lands lying under water, whi
are deemed by the Authority to be necessary for the construction or opera-
tion of any project being constructed by the Authority.
_ § 83-255.44:27. Transfer to City of Richmond.—(a) In the event the
City of Richmond shall have rendered financial assistance or contributed in
any manner to the cost of construction of a limited access highway or high-
ways by the Authority within or partly within and partly without the cor-
porate limits of the City of Richmond, and the Authority has issued bonds
for the construction of such limited access highway or highways, then when
all such bonds, including any refunding bonds, and the interest thereon
have been paid or a sufficient amount of cash or United States Government
securities have been deposited and dedicated to the payment of all such
bonds and the interest to the maturity or redemption date thereof in trust
for the benefit of the holders of such bonds, all property, real and personal,
acquired in connection with such limited access highway or highways
within the City of Richmond, shall be transferred by the Authority to said
City as compensation to said City for the financial assistance rendered by
said City to the Authority in connection with the construction or acquisi-
tion of such limited access highway or highways, and such highway or
highways shall upon the acceptance thereof by said City become a part of
the street or highway system of said City and shall thereafter be main-
and revise from time to time and charge and collect tolls for transit over
such limited access highway, and as compensation for other uses that may
be made thereof; provided, however, the proceeds from such tolls and
compensation shall be first used to reimburse the City of Richmond and the
Counties of Henrico and Chesterfield for any funds or expenditures made
by each of them pursuant to contracts or agreements authorized by
§ 33-255.44:23 of this article, for which reimbursement has not been
theretofore made, and then for the operation, maintenance, improvement,
expansion or extension of such limited access highway and to increase its
utility and benefits, and for the construction, reconstruction, maintenance
and operation of other projects or highways connected with such limited
access highway or with the state or federal highway systems, and for such
purpose the City of Richmond shall succeed to all the functions and shall
have all the powers conferred on the Authority by this article.
(b) In the event the Authority shall construct a limited access high-
way project or projects partly within and partly without the corporate
limits of the City of Richmond, any extension thereof shall be constructed
or acquired only when approved by the unanimous vote of all members of
the Board of Directors or by a vote of three-fourths of said Directors and
approval by the City Council of the City of Richmond and the Boards of
Supervisors of the Counties of Henrico and Chesterfield. If the Authority
has issued bonds for the purpose of constructing such project or for the
purpose of constructing or acquiring such extensions when all such bonds,
including any refunding bonds, and the interest thereon have been paid
or a sufficient amount of cash or United States Government securities has
been deposited and dedicated to the payment thereof in trust for the bene-
fit of the holder or holders of such bonds, all property, real and personal,
acquired in connection with such project or projects or extension thereof
not required to be transferred to the City of Richmond pursuant to para-
graph (a) of this section shall be transferred by the Authority to the
political subdivision or subdivisions in which such property is located at
the time of such transfer at no cost to such political subdivisions in the
event the subdivisions adopt a resolution accepting such property. If not
accepted by such subdivisions within thirty days from the offer of the
property by the Authority, then the Authority shall transfer such prop-
erty to the State Highway Commission. In the event such property is
accepted by the political subdivision wherein the same is located, the gov-
erning body of such subdivision shall have the power to fix and revise from
time to time and charge and collect tolls for transit over such limited
access highway project or extension and as compensation for other uses
that may be made thereof, provided, however, proceeds from such tolls and
compensation shall be first used to reimburse the City of Richmond and
the Counties of Henrico and Chesterfield for any funds or expenditures
made by each of them pursuant to contracts or agreements authorized by
§ 33-255.44 :23 of this article for which reimbursement has not been there-
tofore made, and then for the operation, maintenance, improvement, expan-
sion or extension of such limited access highway project and to increase its
utility and benefits and for the construction, reconstruction, maintenance
and operation of other project or highway connected with such limited
access highway or with the state or federal highway systems and for such
purpose such subdivisions shall succeed to all the functions and shall have
all the powers conferred on the Authority by this article with respect to
such property.
§ 33-255.44:28. Miscellaneous.—
(a) Any money set aside for the payment of the principal of or
interest on any bonds issued by the Authority not claimed within two
years from the day the principal of such bonds is due by maturity or
by call for redemption shall be paid into the treasury of the Common-
wealth. No interest shall accrue on such principal or interest from the
day the same is due as aforesaid. The Comptroller of the Common-
wealth shall keep an account of all money thus paid into the treasury,
and it shall be paid to the individual copartnership, association or
corporation entitled thereto upon satisfactory proof that such indi-
vidual, copartnership, association or corporation is so entitled to such
money. If the claim so presented is rejected by the Comptroller, the
claimant may proceed against the Comptroller for recovery in the
circuit court of the City of Richmond. An appeal from the judgment
of the circuit court shall lie to the Supreme Court of Appeals as in
actions at law, and all laws and rules relating to practice and procedure
in actions at law shall apply to proceedings authorized hereunder. No
such proceedings shall be filed after ten years from the day the prin-
cipal of or interest on such bonds is due as aforesaid; provided, if the
individual having such claim is an infant or insane person or is impris-
oned at such due date, such proceedings may be filed within five years
after the removal of such disability, notwithstanding the fact that
such ten year period shall have expired.
(b) The Authority may contract with the City of Richmond,
the Counties of Henrico and Chesterfield and the Department of State
Police for the policing of any or all Authority Facilities, and the City
of Richmond, the Counties of Henrico and Chesterfield and the De-
partment of State Police are hereby authorized to enter into contracts
with the Authority for such purpose. Police officers providing police
services pursuant to such contracts shall be under the exclusive control
and direction of the authority providing such officers, and shall be
responsible to that authority exclusively for the performance of their
duties and the exercise of their powers. The Authority shall reim-
burse the City of Richmond or Counties of Henrico or Chesterfield or
the Commonwealth, as the case may be, in such amounts and at such
time or times as shall be mutually agreed upon, for providing police
service. Such officers shall be responsible for the preservation of the
public peace, prevention of crime, apprehension of criminals, protec-
tion of the rights of persons and property, and enforcement of the
laws of the Commonwealth and all rules and regulations of the Author-
ity made in accordance herewith, and such officers shall have all the
rights and duties of police officers as provided by the general laws of
the Commonwealth. The violation of any such rule or regulation shall
be punishable as follows: If such a violation would have been a viola-
tion of law if committed on any public road, street or highway in the
City of Richmond or Counties of Henrico or Chesterfield, it shall be
punishable in the same manner as if it had been committed on such
public road, street or highway; otherwise it shall be punishable as a
misdemeanor. All other police officers of the Commonwealth and of
the City of Richmond and Counties of Henrico and Chesterfield shall
have the same powers and jurisdiction within the areas of operations
agreed upon by the parties that they have beyond such limits and
shall have access to all such areas at any and all times without inter-
ference for the purpose of exercising such powers and jurisdiction.
For the purpose of enforcing such laws, rules and regulations the
court or courts having jurisdiction for the trial of criminal offenses
committed in the City of Richmond or in the Counties of Henrico and
Chesterfield within whose boundaries any crime is committed shall
have jurisdiction to try any person charged with the violation of any
such laws, rules and regulations within such boundaries. A copy of
the rules and regulations of the Authority, attested by the Secretary
or Secretary-Treasurer of the Authority, may be admitted as evidence
in lieu of the original. Any such copy purporting to be sealed and
signed by such Secretary or Secretary-Treasurer may be admitted as
evidence without any proof of the seal or signature, or of the official
character of the person whose name is signed to it. ;
_(c) All actions at law and suits in equity and other proceedings,
actions and suits against the Authority, or any other person, firm or
corporation, growing out of the construction, maintenance, repair,
operation and use of any Authority Facility, or growing out of any
other circumstances, events or causes in connection therewith, unless
otherwise provided herein, shall be brought and conducted in the court
or courts having jurisdiction of such actions, suits and proceedings in
the City of Richmond or Counties of Henrico or Chesterfield within
whose boundaries the causes of such actions, suits and proceedings
arise, and jurisdiction is hereby conferred on such court or courts for
that purpose. All such actions, suits and proceedings on behalf of the
Authority shall be brought and conducted in the Circuit Court of the
City of Richmond, except as herein otherwise provided, and exclusive
jurisdiction is hereby conferred on such court for the purpose. Emi-
nent domain proceedings instituted and conducted by the Authority
shall be brought and conducted in the court or courts having jurisdic-
tion of such proceedings in the City of Richmond or Counties of Hen-
rico and Chesterfield within whose boundaries the land or other prop-
erty to be so acquired or the major portion thereof is situated, and
jurisdiction is hereby conferred on such courts for such purpose.
(d) On or before the thirtieth day of September in each year,
the Authority shall prepare a report of its activities for the twelve
months’ period ending the preceding July 1 of such year and shall file
a copy thereof with the State Highway Commission, the City of Rich-
mond and the Counties of Henrico and Chesterfield. Each such report
shall set forth an operating and financial statement covering the
Authority’s operations during the twelve months’ period covered by
such report. The Authority shall cause an audit of its books and
accounts to be made at least once in each year by certified public
accountants to be selected by the Authority and the cost thereof shall
be treated as a part of the cost of construction and operation of the
project.
_(e) The records, books and accounts of the Authority shall be
subject to examination and inspection by duly authorized representa-
tives of the State Highway Commission, the governing bodies of the
City of Richmond and the Counties of Henrico and Chesterfield and
any bondholder or bondholders at any reasonable time, provided the
pusineas of the Authority is not unduly interrupted or interfered with
ereby.
(f) Any member, agent or employee of the Authority who con-
tracts with the Authority or is interested, either directly or indirectly,
in any contract with the Authority or in the sale of any property,
either real or personal, to the Authority shall be guilty of a mis-
demeanor and shall be subject to a fine of not more than one thousand
dollars or imprisonment in jail for not more than one year, either or
both. Exclusive jurisdiction for the trial of such misdemeanors is
hereby conferred upon the Hustings Court of the City of Richmond;
provided, that the term “contract’’, as used herein, shall not be held
to include the depositing of funds in, or the borrowing of funds from
or the serving as agent or trustee by, any bank in which any member,
agent or employee of the Authority may be a director, officer or
employee or have a security interest; nor shall such term include con-
tracts or agreements with the Richmond-Petersburg Turnpike Author-
ity or the purchase of services from, or other transactions in the
ordinary course of business with, public service corporations.
§ 88-255.44:29. Approval by State Highway Commission.—The
Authority may not construct a limited access toll highway without the
approval of the State Highway Commission.
§ 33-255.44:30. Construction—Inconsistent Laws.—This article
shall be liberally construed to effectuate the purposes hereof, and the fore-
going sections of this article shall be deemed to provide an additional and
alternative method of doing the things authorized thereby, and shall be
rded as supplemental and additional to powers conferred upon the City
of Richmond by its Charter and upon the City of Richmond and Counties
of Henrico and Chesterfield by other provisions of law; provided, however,
the issuance of revenue bonds or revenue refunding bonds under the provi-
sions of this article need not comply with the requirements of any other
law applicable to the issuance of bonds, and except as otherwise expressly
provided in this article, none of the powers granted to the Authority under
the provisions of this article shall be subject to the supervision or regulation
or require the approval or consent of the City of Richmond or the Counties
of Henrico and Chesterfield or any commission, board, bureau, official or
agency thereof or of the Commonwealth, except as otherwise provided in
this article.
§ 33-255.44:31. Constitutional Construction.—The provisions of this
article are severable, and if any of its provisions shall be held unconstitu-
tional by any court of competent jurisdiction, the decision of such court
shall not affect or impair any of the other provisions of this article.
§ 33-255.44:32. Inconsistent Laws Inapplicable.—All other general
or special laws, including the provisions of the Charter of the City of
Richmond, inconsistent with any provision of this article are hereby de-
clared to be inapplicable to the provisions of this article and to any project
constructed by the Authority pursuant to this article.
2. An emergency exists and this act is in force from its passage.