Chap. 463.—An ACT to amend the act entitled “An act to provide a charter
and special form of government for the city of Norfolk and to repeal the exist-
ing charter of said city, approved March 14, 1906, and the several acts amend-
asin thereof, approved respectively March 12, 1908, March 14, 1908, March
7, 1912, March 13, 1912, March 13, 1914, March 17, 1914, March 24,
1914, March 25, 1914, March 25, 1914, February 5, 1915, March 4, 1916,
March 11, 1916, March 16, 1916, March 17, 1916, March 20, 1916, March
20, 1916, March 20, 1916, and all other acts and parts of acts inconsistent with
this act so far as they relate to the said city of Norfolk,” approved February 7,
1918, as heretofore amended, is hereby amended, by inserting therein sixteen new
sections creating a port authority for said city, prescribing the powers, duties
and functions thereof, authorizing such authority to borrow inet aid issue
bonds for its corporate purposes and authorizing the city of Norfolk to
appropriate funds for the operation of such port authority, and to transfer
to it the maintenance and operation of certain facilities owned by the (S513)

Approved April 2, 1948

Be it enacted by the General Assembly of Virginia:

1. That the act entitled “An act to provide a charter and special
‘m of government for the city of Norfolk and to repeal the existing
arter of said city, approved March fourteen, nineteen hundred six,
and the several acts amendatory thereof, approved respectively March
twelve, nineteen hundred eight, March fourteen, nineteen hundred eight,
March seven, nineteen hundred twelve, March thirteen, nineteen hundred
twelve, March thirteen, nineteen hundred fourteen, March seventeen,
nineteen hundred fourteen, March twenty-four, nineteen hundred four-
teen, March twenty-five, nineteen hundred fourteen, March twenty-
five, nineteen hundred fourteen, February five, nineteen hundred fifteen,
March four, nineteen hundred sixteen, March eleven, nineteen hundred
sixteen, March sixteen, nineteen hundred sixteen, March seventeen,
nineteen hundred sixteen, March twenty, nineteen hundred sixteen,
March twenty, nineteen hundred sixteen, March twenty, nineteen hun-
dred sixteen, and all other acts and parts of acts inconsistent with this
act so far as they relate to the said city of Norfolk,” approved February
seven, nineteen hundred eighteen, as heretofore amended, be and the
same hereby is amended by inserting therein, immediately after section
one hundred and forty-four of such act, sixteen new sections which shall
read as follows:

PORT AUTHORITY

Section 144(a). Port Authority Established. There is hereby
created in the city of Norfolk a political subdivision of the Common-
wealth, with such public and corporate powers as are hereinafter set
forth, to be known as the “Norfolk Port Authority”. Such authority may
sue and be sued, plead and be impleaded, and shall have the power and
authority to contract and be contracted with and to exercise and dis-
charge all the powers and duties imposed and conferred upon it as here-
inafter provided.

Section 144(b). How Governed. (a) Such port authority shall
be governed by a board of five commissioners, who shall be known as
port commissioners, and who shall be appointed by the Council of the city
of Norfolk, and who shall be residents of the city of Norfolk at the time
of their appointment and during the term of their office. All of the powers
and duties conferred upon such port authority shall be exercised through
said board of commissioners.

(b) Of the five members first appointed, one shall be appointed
for a term of two years, two for a term of three years, and two for a
term of four years from the date of their appointment. Thereafter they
shall be appointed for terms of four years. Any vacancy shall be filled
by appointment by the Council for the unexpired term. Each commis-
sioner shall continue, however, to hold office until his successor has been
appointed and qualified. Each commissioner, before entering upon the
duties of his office, shall take and subscribe the oath provided by the
Norfolk Charter of nineteen hundred eighteen for city officers, and a
certificate of the same shall be filed with the City Clerk.

(c) Immediately after their appointment such commissioners shall
enter upon the performance of their duties. Said commissioners shall
annually elect one of its members as chairman and another as vice
chairman, and shall also elect annually a secretary and a treasurer, each
of whom may or may not be one of the said commissioners. The
positions of secretary and treasurer may be held by the same person.
Three commissioners shall constitute a quorum for the transaction of
business. The board of commissioners shall make rules and regulations
for its own government and procedure, shall hold at least one regular
meeting each month, and may hold such special meetings as it may deem
necessary.

(d) The commissioners shall receive no salaries but shall be
entitled to reimbursement for necessary traveling and other expenses in-
curred while engaged in the performance of their duties.

(e) Any of said commissioners may be removed from office by
the Council of the city of Norfolk for malfeasance, misfeasance, incom-
petency or gross neglect of official duty, but a commissioner may be
removed only after he shall have been given a copy of the charges
against him at least ten days prior to the hearing thereon before the
Council and had an opportunity to be heard in person and by Counsel.
In event of the removal of any commissioner a record of the proceedings,
together with the charges and findings thereon, shall be filed in the
office of the city clerk.

Section 144(c). Powers and Duties of Authority. Such port
authority shall have the following powers.

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

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

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

(d) To acquire, lease, construct or maintain and operate, landings,
wharves, docks and piers, and the approaches to and appurtenances there-
of, tracks, spurs, crossings, switchings, terminals, warehouses and termi-
nal facilities of every kind and description necessary or useful in the trans-
portation and storage of goods, wares and merchandise, to perform
any and all services at said facilities in connection with the receipt,
delivery, shipment and transfer in transit, weighing, marking, tagging,
ventilating, fumigating, refrigerating, icing, storing and handling of
goods, wares and merchandise, to prescribe and collect charges from
vessels coming into or using any landings, wharves, docks, and piers,
operated and maintained by said Authority and from persons using any
of the other facilities of the authority, and to lease any and all of such
facilities or any concessions properly incident thereto to any person, firm
or corporation for the maintenance and operation of any and all of suck
facilities on such terms and conditions as it may deem proper.
(e) To maintain and operate any airport and air navigational
facilities now or hereafter owned by the city of Norfolk with the same
powers and authority thereover in the operation and maintenance
thereof that said City may have, subject, however, to the provisions of
Section 144(d).

(f) To foster and stimulate the commerce of the Port of Norfolk
and the shipment of freight through such port and to investigate and
handle matters pertaining to all transportation rate structures affecting
the commerce of the port.

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

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

(h) To establish, acquire, lease, maintain and operate such other
public utilities as may be required of said port authority by the Council
of the city of Norfolk and as may be otherwise authorized by law.

(i) To fix and charge tolls, fees and any other charges for the use
of, or for services rendered by, any of the facilities it is authorized here-
under to maintain and operate.

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

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

The powers conferred upon the authority by this section except the
powers conferred by clauses (e) (f) and (g) of this section shall be
exercised solely within the corporate limits of the city of Norfolk.

That in selling, disposing of or leasing for a period of more than
one year any of. the facilities owned by said authority, bids thereof
shall be first advertised for by publication in one or more newspapers
of general circulation published in the city of Norfolk for at least five
consecutive days. The said authority shall have the right to reject any
and all bids.

Section 144(d) Transfer of City’s Facilities. The Council of the
city of Norfolk is hereby authorized and empowered to transfer to said
port authority the operation and maintenance of such of the above facil-
ities as are now or may be hereafter owned by the city of Norfolk, on
such terms and conditions as said Council may prescribe. Nothing
herein contained shall be construed as authorizing such port authority
to maintain and operate such facilities now or hereafter owned by the
city of Norfolk unless and until the operation thereof has been transferred
by said Council. °

Section 144(e). Contribution by City. The City of Norfolk is
authorized and empowered to make such appropriations and to provide
such funds for the operation of the said port authority as its Council
may deem proper.

Section 144(f). Bonds: Power to Issue. The authority shall have
the power to issue bonds from time to time in its discretion, for any
of its corporate purposes, including the payment or retirement of bonds
previously issued by it. The authority may issue such types of bonds as
it may determine, including (without limiting the generality of the fore-
going) bonds payable, both as to principal and interest; (a) from its
revenues generally; (b) exclusively from the income and revenues of
a particular “facility”; which term shall mean a particular building or
structure or particular buildings or structures including all equipment,
appurtenances and accessories necessary or appropriate for the operation
of such facility; or (c) exclusively from the income and revenues of
certain designated facilities whether or not they are financed in whole
or in part from the proceeds of such bonds. Any such bonds may be
additionally secured by a pledge of any grant or contributions from the
Federal Government, Commonwealth of Virginia or city of Norfolk, or
a pledge of any income or revenues of the authority, or a mortgage of
any particular facility or facilities or other property of the authority.

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

ty.
Section 144(g). Bonds: Liability. Neither the commissioners of
the authority nor any person executing the bonds shall be liable person-
ally on the bonds by reason of the issuance thereof. The bonds and other
obligations of the authority (and such bonds and obligations shall so state
on their face) shall not be a debt of the Commonwealth or any political
subdivision thereof and neither the Commonwealth nor any political
subdivision thereof nor the city of Norfolk shall be liable thereon, nor
in any event shall such bonds or obligations be payable out of any funds
or properties other than those of the authority. The bonds shall not
constitute an indebtedness within the meaning of any debt limitation or
restriction. Bonds of the authority are declared to be issued for an
essential public and governmental purpose and to be public instrumen-
talities.

Section 144(h). Bonds: Provisions. Bonds of the authority shall
be authorized by resolutions adopted by the board of commissioners and
may be issued in one or more series and shall bear such date or dates,
mature at such time or times, bear interest at such rate or rates, not
exceeding six per centum (6%) per annum, be in such denomination
or denominations, be in such form, either coupon or registered, carry
such conversion or registration privileges, have such rank or priority,
be executed in such manner, be payable in such medium of payment,
at such place or places, and be subject to such terms of redemption (with
or without premium) as such resolution or its trust indenture or mort-

may provide. The bonds may be sold at public or private sale.

Section 144(i). Bonds: Validity. In case any of the commis-
sioners or officers of the authority whose signatures appear on any bonds
or coupons shall cease to be such commissioners or officers before the
delivery of such bonds, such signatures shall, nevertheless, be valid and
sufficient for all purposes, the same as if such commissioners or officers
had remained in office until such delivery. Any provision of any law to
the contrary notwithstanding, any bonds issued pursuant to this act
shall be fully negotiable within the meaning and for all the purposes of
chapter two hundred thirty-three of the Code of Virginia.

Section 144(j). Bonds: Powers of Authority. In order to secure
the payment of such bonds the authority shall have power by provision or
provisions included in any resolution authorizing such bonds or in any
indenture made to secure their payment:

(a) To pledge all or any part of its gross or net rents, fees or
revenues to which its right then exists or may thereafter come into
existence.

(b) To mortgage all or any part of its real or personal property,
then owned or thereafter acquired.

(c) To covenant against pledging all or any part of its rents, fees
and revenues, or against mortgaging all or any part of its real or personal
property, to which its right or title then exists or may thereafter come
into existence or against permitting or suffering any lien on such revenues
or property; to covenant with respect to limitations on its right to sell,
lease or otherwise dispose of any facility or any part thereof; and to
covenant as to what other, or additional debts or obligations may be in-
curred by it.

(d) To covenant as to the bonds to be issued and as to the issuance
of such bonds in escrow or otherwise, and as to the use and disposition
of the proceeds thereof; to provide for the replacement of lost, destroyed
or mutilated bonds; to covenant against extending the time for the
payment of its bonds or interest thereon; and to redeem the bonds, and
= Sovenaat for their redemption and to provide the terms and conditions
thereof.

(e) To covenant as to the rents and fees to be charged in the
operation of a facility or facilities, the amount to be raised each year or
other period of time by rents, fees and other revenues, and as to the use
and disposition to be made thereof; to create or to authorize the creation
of special funds for moneys held for construction or operating costs,
debt service, reserves, or other purposes, and to covenant, as to the
use and disposition of the moneys held in such funds.

(f) To prescribe the procedure, if any, by which the terms of any
contract with bondholders may be amended or abrogated, the amount of
bonds the holders of which must consent thereto and the manner in
which such consent may be given.

(g) To covenant as to the use of any or all of its real or personal
property ; and to covenant as to the maintenance of its real and personal
property, the replacement thereof, the insurance to be carried thereon
and the use and disposition of insurance moneys.
(h) To covenant as to the rights, liabilities, powers and duties
arising upon the breach by it of any covenant, condition, or obligation ;
and to covenant and prescribe as to events of default and terms and con-
ditions upon which any or all of its bonds or obligations shall become
or may be declared due before maturity, and as to the terms and condi-
tions upon which such declaration and its consequences may be waived.

(i) To vest in a trustee or trustees or the holders of bonds or any
proportion of them the right to enforce the payment of the bonds or
any covenant securing or relating to the bonds; to vest in a trustee or
trustees the right, in the event of a default by said authority, to take
possession and use, operate and manage any facility or part thereof, and
to collect the rents and revenues arising therefrom and to dispose of such
moneys in accordance with the agreement of the authority with said
trustee; to provide for the powers and duties of a trustee or trustees
or the holders of bonds or any proportion of them who may enforce any
covenant or rights securing or relating to the bonds.

(j) To exercise all or any part or combination of the powers herein
granted; to make covenants other than and in addition to the covenants
herein expressly authorized, of like or different character; to make such
covenants and to do any and all such acts and things as may be neces-
sary or convenient or desirable in order to secure its bonds, or in the
absolute discretion of said authority, as will tend to make the bonds
more marketable notwithstanding that such covenants, acts or things may
not be enumerated herein.

Section 144(k). Rights of Obligees. An obligee of authority shall
have the right in addition to all other rights which may be conferred
on such obligee, subject only to any contractual restrictions binding
upon such obligee ;

(a) By mandamus, suit, action or proceeding at law or in equity
to compel the authority and the commissioners, officers, agents or em-
ployees thereof to perform each and every term, provision and covenant
contained in any contract of the authority with or for the benefit of
such obligee, and to require the carrying out of any or all such covenants
and agreements of the authority and the fulfilment of all duties imposed
upon the authority by this chapter.

(b) By suit, action or proceedings in equity, to enjoin any acts
or things which may be unlawful, or the violation of any of the rights
of such obligee of the authority.

Section 144(1). Revenues. The authority established under this
section shall fix and revise from time to time the rents, fees and other
charges to be paid by persons for the use of the various facilities of the
authority and for any other service furnished or provided by the
authority. Such rents, fees and charges shall be fixed so as to provide
at least sufficient funds to pay the cost of maintaining, repairing and
operating such facilities and the principal and interest of any bonds
issued by the authority or other debts contracted as the same shall become
due and payable. A reserve may be accumulated and maintained out of
the revenues of such authority for extraordinary repairs and expenses
and for such other purposes as may be provided in any resolution
authorizing a bond issue or in any trust indenture securing such bonds.
Subject to such provisions and restrictions as may be set forth in the
resolution or in the trust indenture authorizing or securing any of the
bonds or other obligations issued hereunder, such port authority shall
have exclusive control of the revenues derived from any facility or facili-
ties operated and controlled by it and the right to use such revenues in the
exercise of its powers and duties set forth in this section. No individual,
firm, association or corporation shall receive any profit or dividend
from the revenues, earnings or other funds or assets of such authority
other than for debts contracted, for services rendered, for materials
and supplies furnished and for other value actually received by the
authority.

Section 144(m). Aid from Federal Government. In addition to
the other powers conferred by this act, such authority shall have the
power to borrow money and to accept contributions, grants and other
financial assistance from the federal government and other agencies and
agency or instrumentality thereof for or in aid of the construction and
equipment of its facilities or the retirement or refunding of its bonds.
To these ends such authority shall have the power to comply with such
conditions and to execute such mortgages, trust indentures and agree-
ments as may be necessary, convenient or desirable and not in conflict
with any provision of the Norfolk Charter of nineteen hundred eighteen.

Section 144(n). Nothing contained in any of the foregoing sec-
tions one hundred forty-four (a) to one hundred forty-four (m), in-
clusive, shall be deemed to authorize the authority to occupy or use
any land, streets, buildings, structures or other property of any kind,
owned or used by the city of Norfolk, or any public improvement or
facility maintained by the City for the use of its inhabitants, without first
obtaining the consent of the council of said City.

Section 144(0). The powers granted and the duties imposed in
any of the foregoing sections one hundred forty-four(a) to one hundred
forty-four (m), inclusive, shall be construed to be independent and
severable. If any one or more sections, subsections, sentences, or
parts of any of the foregoing sections one hundred forty-four(a) to one
hundred forty-four(m), inclusive, shall for any reason be questioned in
any court and shall be adjudged unconstitutional or invalid, such judg-
ment shall not affect, impair or invalidate the remaining provisions there-
of, but shall be confirmed in its operation to the specific provisions so
held unconstitutional or invalid.

Section 144(p). The powers conferred by any of the foregoing
sections one hundred forty-four(a) to one hundred forty-four(m),
inclusive, shall be in addition to and not in substitution for any powers
conferred on the city of Norfolk or its Council by any other laws.