CHAPTER 110

AN ACT to amend and reenact § 33-228, 88-284 and 838-251 of
the Code of 1950 relating to projects for which revenue
bonds may be issued, construction thereof, and competing
projects.

[ H 20]

Approved March 7, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 33-228, 33-234 and 33-251 of the Code of 1950 be
amended and reenacted as follows:

§ 33-228. Definitions.—As used in this article, the follow-
ing words and terms shall have the following meanings:

(1) The word “Commission” shall mean the State High-
way Commission or, if the State Highway Commission shall be
abolished, any board, commission or officer succeeding to the
principal functions thereof or upon whom the powers given by
this article to the Commission shall be given by law.

(2) The word “project” or “projects” shall mean any one
or more of the following:

(a) York River Bridge, extending from a point within
the town of Yorktown, in York County, or within York County
across the York River to Gloucester Point or some point in
Gloucester County ;

(b) Rappahannock River Bridge, extending from Greys
Point, or its vicinity, in Middlesex County, across the Rappa-
hannock River to a point in the vicinity of White Stone, in
Lancaster County, or at some other feasible points in the gen-
eral vicinity of the two respective points;

(c) Claremont Ferry, operating from a point in Charles
City County, route six hundred and seventeen, across the
James River to Claremont, in Surry County, route forty;

(d) James River Bridge, extending from the city of Hope-
well across the James River to a point in Charles City County;

(e) James River Bridge, extending from Jamestown, in
James City County, across the James River to a point at or
near Scotland Wharf, in Surry County;

(f) The Kings Highway, including the Nansemond River
Bridge, in Nansemond County, between route one hundred and
ninety-two near Chuckatuck and route six hundred and twenty-
seven at Driver Station;

(g) Old Point Ferry, operating from Old Point, in Eliza-
beth City County, across Hampton Roads to Willoughby, in the
City of Norfolk;

(h) James River, Chuckatuck and Nansemond River
Bridges, together with necessary connecting roads, in the coun-
ties of Warwick, Isle of Wight and Nansemond;
(i) Newport News Ferry, operating across Hampto!
Roads, from the city of Newport News to Pine Beach, in th
city of Norfolk;

(j) Hampton Roads Bridge, Tunnel, or Bridge and Tunne
System, extending from a point or points in the city of Newpor
News or in the county of Elizabeth City on the northwest shor:
of Hampton Roads across Hampton Roads to a point or point:
un the city of Norfolk or in the county of Norfolk on the south
east shore of Hampton Roads.

And shall be deemed to include all property, rights, ease
ments and franchises relating to any of the foregoing project:
and deemed necessary or convenient for the operation thereot!
and to include approaches thereto.

The word “undertaking” shall mean all of the projects
authorized to be acquired or constructed under this article.

(4) The word “improvements” shall mean such repairs, re-
placements, additions and betterments of and to a project ac-
quired by purchase or by condemnation as are deemed necessary
to place it in a safe and efficient condition for the use of the
public, if such repairs, replacements, additions and betterments
are ordered prior to the sale of any bonds for the acquisition of
such project.

(5) The term “cost of project’, as applied to a project ta
be acquired by purchase or by condemnation, shall include the
purchase price or the amount of the award, cost of improve-
ments, financing charges, interest during any period of disuse
before completion of improvements, cost of traffic estimates and
of engineering and legal expenses, plans, specifications and sur-
veys, estimates of cost and of revenues, other’expenses neces-
sary or incident to determining the feasibility or practicability of
the enterprises, administrative expense and'such other expenses
as may be necessary or incident to the financing herein author-
ized and the acquisition of the project and the placing of the
project in operation.

(6) The term “cost of project’, as applied to a project to
be constructed, shall embrace the cost of construction, the cost
of all lands, properties, rights, easements and franchises ac-
quired, which are deemed necessary for such construction, the
cost of acquiring by purchase or condemnation any ferry
which is deemed by the Commission to be competitive with any
bridge to be constructed, the cost of all machinery and equip-
ment, financing charges, interest prior to and during construc-
tion and for one year after completion of construction, cost of
traffic estimates and of engineering data, engineering and legal
expenses, cost of plans, specifications and surveys, estimates of
cost and of revenues, other expenses necessary or incident to
determining the feasibility or practicability of the enterprise,
2dministrative expense and such other expenses as may be nec-
essary or incident to the financing herein authorized, the con-
struction of the project, the placing of the project in ‘operation
and the condemnation of property necessary for such construc-
tion and operation.

(7) The word “owner” shall include all individuals, in-
-orporated companies, copartnerships, societies or associations
having any title or interest in any property, rights, easements
or franchises authorized to be acquired by this article.

§ 33-234. Construction of projects —The Commission may
construct, whenever it shall deem such construction expedient,
any of the projects numbered paragraphs (a), (b), (d), * (e)
and (j), as set forth in subsection (2) of § 33-228. The Com-
mission may purchase within this State, solely from funds pro-
vided under the authority of this article, such lands, struc-
tures, rights of way, franchises, easements and other interests
in lands, including lands under water and riparian rights of
any person, copartnership, association, railroad or other cor-
poration, or municipality or political subdivision, deemed nec-
essary for the construction of any project, 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 and may
take title thereto in the name of the State. The State hereby
consents to the use of all lands lying under water, which are
within the State and are necessary for the construction and op-
eration of any project and the approaches and appurtenances
thereto, which may be constructed under the provisions of this
article. All public or private property damaged or destroyed
in carrying out the powers granted hereunder shall be restored
or repaired and placed in their original condition, as nearly as
practicable, or adequate compensation made therefor, out of
funds provided under the authority of this article.

§ 33-251. Competing bridges, ferries and tunnels.—No
bridge or tunnel other than those specified in § 33-228 for the
use of the traveling public shall hereafter be constructed and
operated by the State or by any county, municipal corporation
or political subdivision of the State, or by any agency or in-
strumentality thereof, or by any public body or authority, or
by any person, copartnership, association or corporation, within
ten miles of any terminus of any project acquired or constructed
under the provisions of this article, and no franchise shall here-
after be granted for the operation of a ferry within ten miles
of any project for the acquisition or construction of which reve-
nue bonds shall have been authorized under this article, except
under a written permit granted by the Commission, which is
hereby exclusively authorized to grant such permits under the
terms and conditions hereof. No such permit shall be granted
by the Commission until it shall ascertain by an investigation
including a hearing upon such notice and under such rules a:
the Commission may prescribe, that there is an urgent public
need for the operation of such bridge, tunnel or ferry and that
its operation will not affect the revenues of any such project of
the State so as to impair the security of any revenue bond:
issued for the acquisition or construction of such project.

After completion of the construction of the project de-
scribed in subsection (2) (a) of § 33-228, the Commission shal
acquire by purchase or by condemnation the Gloucester-York-
town Ferry, which is to include ferry boats, docks, landings.
machinery, franchise, easements and all property relating tc
the Gloucester-Yorktown Ferry. The cost of the Gloucester-
Yorktown Ferry for the purpose of this article is to be added
in the costs of the construction of such project.

If in the discretion of the Commission the construction of
bridges or tunnels in the project described in subsection (2) (j)
will necessitate the abandonment of either of the projects de-
scribed in subsection (2) (g) or subsection (2) (1) then the
unamortized balance of the cost of purchase less the resale or
salvage value of the ferries and other property of either of such
projects shall be added in the costs of the construction of the
project described in subsection (2) (7).

Notwithstanding any of the other provisions of this Article,
the Commission may provide by resolution for the issuance of a
single issue of revenue bonds of the State for the combined pur-
pose of providing funds to pay the cost of the project described
mm subsection (2) (j) and to refund the revenue bonds of the
State theretofore issued under the provisions of this Article and
then outstanding; provided, however, that no revenue bonds
shall be issued under this Article to pay the cost of the project
described in subsection (2) (j) unless prior thereto or simul-
taneously therewith all revenue bonds theretofore issued under
the provisions of this Article and then outstanding shall have
been retired or funds shall have been provided for the retire-
ment of such outstanding bonds from a portion of the proceeds
of revenue bonds issued for the combined purpose of paying the
cost of such project and refunding such outstanding revenue
onds.

The issuance of revenue bonds for such combined purpose,
the maturities and other details thereof, the rights of the holders
thereof and the duties of the State and of the Commission in
respect to the same shall be governed by the provisions of this
Article insofar as the same may be applicable.

The distance of ‘ten miles hereinabove mentioned in this
section shall be measured in a straight line between the nearest
point of such project and any terminal of such ferry.