CHAPTER 288

An Act authorizing the governing body of the town of Manassas, or the
governing bodies of the town of Manassas and the county of Prince
Wiliam jointly, to create an authority to be known as The Manassas
Airport Authority; to provide for the construction, maintenance, re-
pair and operation of an airport to serve the needs of such town and
county, including all facilities incidental to such project; to define the
| powers and duties of such authority; granting to the Authority power
to acquire real and personal property and to exercise the power of
eminent domain; providing for financing the construction of such
project by the issuance of revenue bonds of the Authority, payable
solely from the revenue of the Authority; authorizing the issuance of
revenue refunding bonds; providing that no debt of the Common-
wealth or of any county, city, district or political subdivision that shall
be incurred in the exercise of any of the powers granted by this act;
providing for the collection of revenues to pay such bonds and the
anterest thereon and the cost of maintenance, repairs and operation of
such project; exemption from taxes and assessments such project and
such boards and the income therefrom; providing for the execution of
a trust agreement to serve the payment of such boards without mort-
gaging or encumbering such project; and prescribing the powers and
duties of the Authority in connection with the foregoing and the rights
and remedies of the holders of bonds issued under the provisions of

this act.
[H 477]
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. Definitions.—As used in this act the following words and term shall
have the following meanings, unless the context shall indicate another or
different meaning or intent:

(a) The word “Authority” shall mean the Manassas Airport Author-
ity hereinafter created or, if the Authority shall be abolished, the board,
body, commission or agency succeeding to the principal functions thereof or
upon whom the powers given by this act to the Authority shall be con-
ferred by law.

(b) The word “project” shall mean an airport and appurtenant facili-
ties for general, governmental, commercial and private use, constructed by
or acquired by the Authority under the provisions of this act, together
with all necessary and convenient approaches, roads and streets used in
connection with such airport.

(c) The term “Cost of the project” shall embrace the cost of con-
struction, expansion, landscaping and conservation, the cost of acquisition
of all land, rights of way, property, rights, easements and interests ac-
quired by the Authority for the construction, expansion and operation of

e project, the cost to demolishing or removing any buildings or struc-
tures on land so acquired, including the cost of acquiring any land to
which such buildings or structures may be moved; the cost of all machin-
ery and equipment; financing charges; interest prior to and during con-
struction; and, if deemed advisable by the Authority for a period not ex-
ceeding one year after completion of construction, cost of traffic estimates
and of engineering and legal services, plans, specifications, surveys, esti-
mates of cost and of revenues, provision for working capital and a reserve
for interest, other expenses necessary or incident to determining the feasi-
bility or practicability of constructing the project, administrative ex-
penses, 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.

(d) The word “bonds” or the words “revenue bonds” shall mean rev-
enue bonds or revenue refunding bonds of the Authority issued under the
provisions of this act.

(e) The word “owner” shall include all individuals, copartnerships,
associations or corporations and also municipalities, political subdivisions
and all public agencies and instrumentalities having any title or interest in
any property, rights, easements and interests authorized to be acquired by

act.
2. Credit of Commonwealth and Political Subdivisions not pledged.—Rev-
enue bonds issued under the provisions of the act shall not be deemed to
constitute a debt of the Commonwealth of Virginia or of any county, city,
town, district or political subdivision thereof, or a pledge of the faith and
credit of the Commonwealth or of any county, city, town, district or politi-
cal subdivision thereof, but such bonds shall be payable solely from the
funds herein provided therefor from tolls and revenues. The issuance of
revenue bonds under the provisions of this act shall not directly or indi-
rectly or contingently obligate the Commonwealth or any county, city,
town or district therein or any political subdivision thereof to levy or to
pledge any form of taxation whatever therefor. All such revenue bonds
shall contain a statement on their face substantially to the foregoing effect.

All expenses incurred in carrying out the provisions of this act shall

be payable solely from funds provided under the provisions of this act and
no liability or obligation shall be incurred by the Authority hereunder
beyond the extent to which moneys shall have been provided under the
provisions of this act.
8. “Manassas Airport Authority”.—If the governing body of the town of
Manassas shall by resolution declare that there is need for an airport au-
thority to be created for the purpose of establishing and operating one or
more airports or landing fields for such political subdivision, an airport
authority shall upon adoption of such resolution, be created and constitut-
ed a political subdivision of the Commonwealth to be known as the “Ma-
nassas Airport Authority”. The governing body of Prince William County
may by resolution declare that there is need for its participation in the
Manassas Airport Authority and may participate therein if the terms of
its participation be approved by the Authority and the governing body of
the town of Manassas. The exercise by the Authority of the powers con-
ferred by this act in the purchase, construction, expansion, operation and
maintenance of the project authorized by this act shall be deemed and held
to be the performance of an essential governmental function.

The Authority shall consist of not more than six members, all of
whom shall be appointed by the governing body of the town of Manassas,
unless the county of Prince William becomes a participant therein, in
which event one-half of the members shall be appointed by the governing
body of the town of Manassas and one-half by the governing body of
Prince William County. Two of the members of the Authority first ap-
pointed shall continue in office for terms expiring one year from the date
thit this act shall have become effective, two for terms expiring two years
frim the date that this act shall have become effective, and two for a term
expiring three years from the date that this act shall have become effec-
tive, as appropriate, the term of each such member to be designated by
said governing body, or bodies, and to continue until his successor shall be
duly appointed and qualified. The successor of each such member shall be
appointed for a term of four years and until his successor shall be
duly appointed and qualified, except that any person appointed to fill a
vacancy shall serve only for the unexpired term. Any member of the Au-
thority shall be eligible for reappointment. Members of the Authority shall
be subject to removal from office in like manner as are State, county, town
and district officers under the provisions of §§ 15.1-63 to 15.1-66, inclu-
sive, of the Code of Virginia. The Authority shall annually elect one of its
members as chairman and another as vice chairman and shall also elect
annually a secretary-treasurer, who may or may not be a member of the
Authority.

The secretary-treasurer shall keep a record of the proceedings of the
Authority and shall be custodian of all books, documents and papers filed
with the Authority and of the minute book or journal of the Authority and
of its official seal. He shall have authority to cause copies to be made of all
minutes and other records and documents of the Authority and to give
certificates under the official seal of the Authority to the effect that such
copies are true copies, and all persons dealing with the Authority may rely
upon such.

A quorum shall be a majority of the members appointed to the Author-
ity and affirmative vote of a majority present shall be necessary for
any action taken by the Authority. No vacancy in the membership of the
Authority shall impair the right of a quorum to exercise all the rights and
perform all the duties of the Authority. . ;

Before the issuance of any revenue bonds under the provisions of this
act the secretary-treasurer of the Authority shall execute a surety bond in
the penal sum of fifty thousand dollars, such surety bond to be conditioned
upon the faithful performance of the duties of his office, to be executed by a
surety company authorized to transact business in the Commonwealth as
surety and to be approved by the Attorney General and filed in the office of
the Secretary of the Commonwealth.

The members of the Authority may be reimbursed for their expenses
incurred in attendance upon the meetings of the Authority or while other-
wise engaged in the discharge of their duties. Each member may also be
paid an amount as determined by the governing body or bodies partici-
pating.

4. General Grant of Powers.—The Authority is hereby authorized and
empowered:

(a) To adopt bylaws for the regulation of its affairs and the conduct
of its business;

(b) To adopt an official seal and alter the same at pleasure;

(c) To determine the location of the project, to determine, in its dis-
cretion, the design standards and the materials of construction, and to
construct, expand, maintain, repair and operate the project;

(d) to issue revenue bonds of the Authority for any of its purposes,
payable solely from the tolls and revenues pledged for their payment, and
to refund its bonds, all as provided in this act;

(e) to fix and revise from time to time and charge and collect tolls,
rates, fees, rentals and other charges for the use of the project;

to acquire, accept, hold and dispose of real and personal property
including gifts and contributions from political subdivisions, persons or
corporations, in the exercise of its powers and the performance of its du-
ties under this act;

(g) to employ, in its discretion, consulting engineers, attorneys, ac-
countants, construction and financial experts, superintendents, managers,
and such other employees and agents as may be necessary in its judgment,
and to fix their compensation;

(h) to enter upon any lands and premises for the purpose 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 Author-
ity shall pay any actual damage resulting to such lands and premises as
a result of such entry and activities as a part of the cost of the project;

(i) to sue and be sued in its own name, plead and be impleaded;

(j) to make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its powers
under this act, and to enter into grant agreements with the United States
government and the Commonwealth of Virginia for airport planning, de-
velopment and operation under the Federal Airport Act and other appro-
priate federal laws; and/or State laws;

(k) to do all acts and things necessary or convenient to carry out the
powers expressly granted in this act; and

(1) to borrow money and to issue bonds, refunding bonds, notes, cer-
tificates or other evidence of indebtedness of the Authority.

4.-a. In addition to the powers conferred by the preceding section, the
Authority is hereby empowered to lease, sell or encumber any real prop-
erty owned by the Authority. ;

5. Acquisition of Property.—(a) The Authority is hereby authorized
and empowered to acquire by purchase solely from funds provided under
the provisions of this act, such lands, structures, property, rights, rights
of way, franchises, easements and other interests in lands as it may deem
necessary or convenient for the construction and operation of the project,
upon such terms and at such prices as may be considered by it to be rea-
sonable and can be agreed upon between it and the owner thereof.

All public agencies and the commissions of the Commonwealth, with
the approval of the Governor, and the town of Manassas, and the county of
Prince William, notwithstanding any contrary provisions of law, are here-
by authorized and empowered to lease, lend, grant or convey to the Author-
ity at its request upon such terms and conditions as may be mutually
agreed upon, without the necessity for any advertisement, order of court
or other action or formality, any real property or personal property,
tangible or intangible, which may be necessary or convenient to the effec-
tuation of the authorized purposes of the Authority, including public high-
ways and other real property already devoted to public use. The town of

and the county of Prince William are hereby authorized to ap-
propriate, from available funds, such funds as either may deem necessary
to effectuate the authorized purposes of the Authority.

(b) The Authority is authorized and empowered to acquire by the
exercise of the power of eminent domain limited to the definition of “proj-
ect” as set forth herein, any lands, property, rights, rights of way, fran-
chises, easements and other property, including public lands, parks, play-
grounds, reservations, highways or parkways or parts thereof or rights
therein of any person, copartnership, association, public service, public
utility or other corporation, or of the county, deemed necessary or con-
venient 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 or whenever the Authority cannot agree on the terms of pur-
chase or settlement with the owner or owners because of the incapacity of
such owner or owners or because of the inability to agree on the compensa-
tion to be paid or other terms of settlement or purchase, or because such
owner or owners are nonresidents of the Commonwealth, or are unknown,
or are unable 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 § 25-233 of the Code of Virginia, as fully as if the Authority
were a corporation possessing the power of eminent domain; provided, how-
ever, that title to any property condemned by the Authority shall immedi-
ately vest in the Authority, and the Authority shall be entitled to the im-
mediate 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
provided by said laws, notwithstanding that any of the parties to such pro-
ceedings shall appeal from any decision in such condemnation proceedings.
Whenever the Authority shall make such deposit in connection 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 lawful share of such appraised price. The acceptance of such pay-
ment 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 sec-
tion 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 exer-
cise of the power of eminent domain shal] be and is hereby declared to be
a public use of such property.

(c) Title to any property acquired by the Authority shall be taken in
the name of the Authority.

(d) In any eminent domain proceedings the court having jurisdiction
of the suit, action or proceeding may make such orders as may be just to
the Authority 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 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 obli-
gation of the Authority shall impose any liability upon the Commonwealth
or upon any county, or other political subdivision of the Commonwealth.

(e) If the owner, lessee or occupier of any property to be condemned
or otherwise acquired shall refuse to remove his property therefrom or
give up possession thereof, the Authority may proceed to obtain possession
in any manner provided by law.

(f) The Commonwealth, with the written approval of the Governor
of Virginia first obtained, hereby consents to the use of any lands or
property owned by the Commonwealth which are deemed by the Authority
to be necessary for the construction or operation of the project.

6. Revenue Bonds—The Authority is hereby authorized to provide by
resolution for the issuance, at one time or from time to time, of revenue
bonds of the Authority for the purpose of paying all or any part of the
cost of the project. The principal of and the interest on such bonds shall be
payable solely from the funds herein provided for such payment. The
bonds of each issue 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 forty years from their date or dates, as may be
determined by the Authority, and may be made redeemable before matu-
rity at the option of the Authority, at such price or prices and under such
terms and conditions as may be fixed by the Authority prior to the is-
suance of the bonds. The Authority shall determine the form and the
manner of execution of the bonds, including any interest coupons to
attached thereto, and shall fix the denomination or denominations of the
bonds and the place or places of payment of principal and interest, which
may be at any bank or trust company within or without the Common-
wealth. In case any officer whose signature or a facsimile of whose signa-
ture shall appear on any bonds or coupons shall cease to be such officer
before the delivery of such bonds, such signature or such facsimile shall
nevertheless be valid and sufficient for all purposes the same as if he ha
remained in office until such delivery. Notwithstanding any other provi-
sion of this act or any recitals in any bonds issued under the provisions 0
this act, all such bonds shall be deemed to be negotiable instruments under
CH. 288] ACTS OF ASSEMBLY 469

the laws of the Commonwealth. The bonds may be issued in coupon or in
registered form, or both, as the Authority may determine, and provision
may be made for the registration of any coupon bonds as to principal alone
and also as to both principal and interest, for the reconversion into coupon
bonds of any bonds registered as to both principal and interest, and for the
interchange of registered and coupon bonds. The Authority may sell such
bonds in such manner, either at public or negotiated sale, and for such
price, as it may determine will best effect the purposes of this act.

The proceeds of the bonds shall be used solely for the payment of the
cost of the project, and shall be disbursed in such manner and under such
restrictions, if any, as the Authority may provide in the resolution author-
izing the issuance of such bonds or in the trust agreement hereinafter
mentioned securing the same. If the proceeds of the bonds of any issue, by
error of estimates or otherwise, shall be less than such cost, additional
bonds may in like manner be issued to provide the amount of such deficit,
and, unless otherwise provided in the resolution authorizing the issuance
of such bonds or in the trust agreement securing the same, shall be deemed
to be of the same issue and shall be entitled to payment from the same
fund without preference or priority of the bonds first issued. If the pro-
ceeds of the bonds of any issue shall exceed such cost, the surplus shall be
deposited to the credit of the sinking fund for such bonds.

Prior to the preparation of definitive bonds, the Authority may, under
like restrictions, issue interim receipts or temporary bonds, with or with-
out coupons, exchangeable for definitive bonds when such bonds shall have
been executed and are available for delivery. The Authority may also pro-
vide for the replacement of any bonds which shall become mutilated or
shall be destroyed or lost. Bonds may be issued under the provisions of

is act without obtaining the consent of any department, division, com-
mission, board, bureau or agency of the Commonwealth, and without
any other proceedings or the happening of any other conditions or things
than those proceedings, conditions or things which are specifically re-
quired by this act.
1. Trust Agreement.—In the discretion of the Authority any bonds is-
sued under the provisions of this act may be secured by a trust agreement
by and between the Authority and a corporate trustee, which may be any

ust company or bank having the powers of a trust company within or
without the Commonwealth. Such trust agreement or the resolution pro-
viding for the issuance of such bonds may pledge or assign the tolls and
other revenues to be received, but shall not convey or mortgage the
project or any part thereof. Such trust agreement or resolution providing
or the issuance of such bonds may contain such provisions for protecting
and enforcing the rights and remedies of the bondholders as may be rea.
sonable and proper and not in violation of law, including covenants setting
forth the duties of the Authority in relation to the acquisition of property
and the construction, improvement, maintenance, repair, operation and
insurance of the project, the rates of toll or other charges to be charged
and the custody, safeguarding and application of all moneys. It shall] be
lawful for any bank or trust company incorporated under the laws of the
Commonwealth, which may act as depository of the proceeds of bonds or
of revenues, to furnish such indemnifying bonds or to pledge such securi-
ties as may be required by the Authority. Any such trust agreement ma
set forth the rights and remedies of the bondholders and of the truste.,
and may restrict the individual right of action by bondholders. In addi-
tion to the foregoing, any such trust agreement or resolution may contain
auch other provisions as the Authority may deem reasonable and pro m
te me oecurity iy the pondholders, ri expenses incurred in carrying rel

ns of suc st agreement or resolution ma

part of the cost of the operation of the project. y be treated ag a
8. Revenues.—The Authority is hereby authorized to fix, revise, charge
and collect tolls or other charges for the use of the project and to contract
with any person, partnership, association or corporation desiring the use
of any part thereof, including the right of way adjoining the airport for
placing thereon telephone, telegraph, electric light or power lines, and to
fix the terms, conditions, rents and rates of charges for such use. Such tolls
or other charges shall be so fixed and adjusted in respect of the aggregate
of tolls or other charges from the project as to provide a fund sufficient
with other revenues, if any, to pay (a) the cost of maintaining, repairing
and operating such project and (b) the principal of and interest on such
bonds as the same shall become due and payable, and to create reserves for
such purposes. The tolls and all other revenues derived from the project,
except such part thereof as may be necessary to pay such cost of mainte-
ance, repair and operation and to provide such reserves therefor as may be
provided for in the resolution authorizing the issuance of such bonds or in
the trust agreement securing the same, shall be set aside at such regular
intervals as may be provided in such resolution or such trust agreement in
a sinking fund which is hereby 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 by
call or purchase as therein provided. Such pledge shall be valid and bind-
ing from the time when the pledge is made; the tolls and other revenues or
other moneys so pledged and thereafter received by the Authority shall
immediately be subject to the lien of such pledge without any physical
delivery thereof or further act, and the lien of any such pledge shall be
valid and binding as against all parties having claims of any kind in tort,
contract or otherwise against the Authority, irrespective of whether such
parties have notice thereof. Neither the resolution nor any trust agree-
ment by which a pledge is created need be filed or recorded except in the
records of the Authority. The use and disposition of moneys to the credit
of such sinking fund shall be subject to the provisions of the resolution
authorizing the issuance of such bonds or of such trust agreement. Except
as may otherwise be provided in such resolution or such trust agreement,
such sinking fund shall be a fund for all such bonds without distinction or
priority of one over another.

9. Trust Funds.—All moneys received pursuant to the provisions of this
act, whether as proceeds from the sale of bonds or as revenues, shall be
ee to be trust funds to be held and applied solely as provided in this
act.

10. Remedies.—Any holder of bonds issued under the provisions of this
act or of any of the coupons appertaining thereto, and the trustee under
any trust agreement, except to the extent the rights herein given, may be
restricted by such trust agreement, may either at law or in equity, by suit,
action, injunction, mandamus or other proceedings, protect and enforce
any and all rights under the laws of the Commonwealth or granted by this
act or under such trust agreement or the resolution authorizing the is-
suance of such bonds and may enforce and compel the performance of all
duties required by this act or by such agreement or resolution to be per-
formed by the Authority or by any officer or agent thereof including the
fixing, charging and collection of tolls or other charges.

11. Exemption from Taxation.—The exercise of the powers granted by
this act shall be in all respects for the benefit of the inhabitants of the
Commonwealth, for the increase of their commerce, and for the promotion
of their safety, health, welfare, convenience and prosperity, and as the
operation and maintenance of the project by the Authority will constitute
the performance of essential governmental functions, the Authority shall
not be required to pay any taxes or assessments upon the project or any
property acquired or used by the Authority under the provisions of this
act or upon the income therefrom; and the bonds issued under the provi-
sions of this act, their transfer and the income therefrom, including any
profit made on the sale thereof, shall at all times be free and exempt from
taxation by the Commonwealth and by any municipality, county, or other
political subdivision thereof.

12. Revenue Refunding Bonds.—The Authority is hereby authorized to
provide by resolution for the issuance of its revenue refunding bonds for
the purpose of refunding any bonds then outstanding which shall have
been issued under the provisions of this act, including the payment of any
redemption premium thereon and any interest accrued or to accrue to the
date of redemption of such bonds, and, if deemed advisable by the Author-
ity, for the additional purpose of constructing improvements, extentions
or enlargements of the project. The issuance of such bonds, the maturities
and other details thereof, the rights of the holders thereof, and the
rights, duties and obligations of the Authority in respect of the same, shall
be governed by the provisions of this act in so far as the same may be
applicable.

13. Act Liberally Construed.—This act, being necessary for the welfare
of the Commonwealth and its inhabitants, shall be liberally construed to
effect the purposes thereof.

14. Constitutional Construction.—The provisions of this act are sever-
able and if any of its provisions shall be held unconstitutional by any court
of competent jurisdiction, the decisions of such court shall not affect or
impair any of the remaining provisions of this act. It is hereby declared to
be the legislative intent that this act would have been adopted had such
unconstitutional provisions not been included therein.

15. Inconsistent Laws Inapplicable—All other general or special laws
inconsistent with any provisions of this act are hereby declared to be inap-
plicable to the provisions of this act.