CHAPTER 61

An Act to repeal Chap 7 of Title 62 of the Code of Virginia, relating to
the Division of Ports, Port Commissioner, Advisory Committee on
Ports, boundaries.of Port of Hampton Roads, municipal dock commis-
sioners, State Corporation Commission, powers, rights and duties of
the foregoing and the Department and Director of Conservation and
Development; and to repeal certain other acts; to amend the Code of
Virginia by adding in Title 62 a chapter numbered 6.1 creating the
Virginia State Ports Authority and defining its powers and duties;
providing for the appointment, powers, terms and duties of the gov-
erning body thereof; boards of municipal port commissioners and
validating same; and the powers of the State Corporation Commis-
sion to transfer certain property; authorizing counties, cities and
towns to make grants to the Authority; and to transfer certam Bret

Approved February 18, 1952

Be it enacted by the General Assembly of Virginia:

1. That Chap 7 of Title 62 of the Code of Virginia is hereby repealed.
2. That the Code of Virginia be amended by adding in Title 62 a new
chapter number 6.1, as follows:

Chap 6.1.—Virginia State Ports Authority.

§ 62-106.1. The Division of Ports of the Department of Conserva-
tion and Development is hereby abolished. The powers and duties of the
Department and Director of Conservation and Development and the Divi-
sion of Ports, of the Board of Conservation and Development, and of the
Advisory Committee on Ports, insofar as the foregoing relate to ports, are
hereby transferred to, conferred upon, and vested in the Virginia State
Ports Authority, hereinafter referred to as Authority.

§ 62-106.2. All powers, rights and duties conferred by this chapter,
or other provisions of law, upon the Authority shall be exercised by the
Board of Commissioners of the Virginia State Ports Authority, herein-
after referred to as Board or Board of Commissioners. The Board shall
consist of seven members to be appointed by the Governor, subject to con-
firmation by the General Assembly, and who shall serve at the pleasure
of the Governor for terms of six years each, the initial appointments to
be two members for terms of six years, two members for terms of five
years, two for terms of four years, and one for a term of three years, and
subsequent appointments to be made for terms of six years, except ap-
pointments to fill vacancies, which shall be made for the unexpired term.
They shall receive their expenses and per diem of fifteen dollars for each
day spent on business of the Board.

The Board shall appoint the chief executive officer of the Authority,
who shall not be a member thereof, to be known as Director of Ports,
hereinafter referred to as Director, and whose compensation from the
State shall be fixed by the board in accordance with law. The Board shall
employ or retain such other agents or employees subordinate to the Direc-
tor as may be necessary. The Board shall elect from its membership the
chairman, vice-chairman, and secretary, and prescribe their powers and

uties.

§ 62-106.3. Powers and duties of Director.—The Director shall ex-
ercise such of the powers and duties relating to ports conferred upon the
Board as may be delegated to him by the Board, including powers and
duties involving the exercise of discretion. The Director shall also exer-
cise and perform such other powers and duties as may be lawfully delegat-
ed to him, and such powers and duties as may be conferred or imposed
upon him by law.

§ 62-106.4 Office and branch offices.—The Board shall, in the Hamp-
ton Roads Area, have and maintain for the Authority its principal office,
at which all of its records shall be kept, and from which its business shall
be transacted. It may, if necessary, establish a branch office or offices
within or without this State. The title to all property of every kind be-
longing to the former Hampton Roads Port Commission or the former
State Port Authority of Virginia or the former Division of Ports, Depart-
ment of Conservation and Development shall be vested in the Common-
wealth of Virginia for the Virginia State Ports Authority.

§ 62-106.5. Boards of municipal port commissioners.—In order to
promote the development and the physical and administrative coordination
and unification of the port facilities within the cities and towns of this
State, located upon any of the navigable tidal waters therein, and the
proper cooperation between such cities and towns with respect to such
facilities located within the State, the council, or other governing body, of
any of such cities or towns shall have the power to appoint boards of mu-
nicipal port commissioners for such cities and towns, respectively, to which
boards, when so appointed may be delegated any or all of the authority
of such cities and towns, respectively, with regard to the ownership, oper-
ation, management or control of the port terminal facilities within such
cities or towns, but those boards of municipal dock commissioners here-
‘tofore existing shall continue in effect in accordance with the laws creating
them, the only effects of this section on such laws being that the boards
shall henceforth be known as boards of municipal port commissioners
and that the exercise of their authority shall be in subordination to the
authority conferred upon the Board of Commissioners by this chapter,
and any conflict between the authority granted to the several port cities
and towns or other entity of this State, or the exercise of that authority,
and the exercise of the authority granted to such Board of Commissioners
under this chapter shall be resolved in favor of the exercise of such author-
ity by the Board of Commissioners.

§ 62-106.6. Certain rights and duties of Board of Commissioners.—
The powers and duties coyferred upon or vested in the former Hampton
Roads Port Commission or Department of Conservation and Development
shall be vested'in the Board of Commissioners in accordance with the pro-
visions of this Chapter. In addition to such powers and duties, the Board
shall, subject to the lawful regulation and/or control of the United States
government over the navigable waters of this State, have and exercise the
following rights and discharge the following duties:

(1) The Board shall use its efforts to effect a port coordination of
the water terminals of the several cities within the ports of this State and
their administration, and to promote a spirit of cooperation among these
cities in the interest of the ports as a whole.

(2) The Board shall initiate and further plans for the development
of the ports of this State and keep informed as to the present and future
requirements and needs of the ports of this State.

(3) The Board shall encourage and facilitate the creation of boards
of municipal port commissioners within the ports of the State, and co-
operate and advise with guch cities and towns and aid in the development
of the several ports within the State, along progressive and constructive

es.

(4) The Board shall seek to secure the improvement of navigable
tidal waters within the State, where, in its opinion, such improvements
are economically justifiable.
§ 62-106.7. Additional rights and duties of Board.—Through the
Board, the State of Virginia may engage in promoting, developing, con-
structing, equipping, maintaining, and operating the harbors or seaports
within the State, or its jurisdiction, by means of acquiring or constructing,
maintaining and operating at such seaports or harbors water craft and
terminal facilities necessary or useful in connection therewith. The
Authority is charged with the accomplishment of the following general
purposes, all or any of them, which are intended to broaden, and not to
restrict, any other powers given to it in this chapter, namely:

(a) To develop and improve the harbors or seaports of this State
for the handling of water borne commerce from and to any part of the
State of Virginia and other states and foreign countries;

(b) To acquire, construct, equip, maintain, develop and improve
such harbors or seaports and their port facilities;

(c) To foster and stimulate the shipment of cargoes and commerce
through such ports, whether originating within or without the State of
Virginia, including the investigation and handling of matters pertaining
to all transportation rates and rate structures affecting the same;

(d) To compile and disseminate in a single publication, so far as
practicable, all port charges, rules and practices in effect at the several
ports in this State;

(e) To cooperate with the United States of America, and any agency,
department, corporation or instrumentality thereof, in the maintenance,
development, improvement and use of such harbors and seaports;

(f) To accept funds from counties, cities and towns, and to use the
same in such manner, within the purposes of the Authority, as shall be
stipulated by the grantor, and to act as agent or instrumentality for any
of such counties, cities or towns in any matter coming within the general
purposes of such Authority; counties, cities and towns are hereby
authorized to make grants to the Authority for its purposes and to
appoint it as agent;

(g) To act as agent for the United States of America, or any agency,
department, corporation or instrumentality thereof, in any matter coming
within the purposes or powers of the Authority;

(h) And in general to do and perform any act or function which
may tend to or be useful toward the development and improvement of
the harbors and seaports of this State, and to the increase of commerce,
foreign and domestic, through its harbors and seaports;

(i) But the Authority shall not be authorized or empowered to expend
funds appropriated by the General Assembly on, nor to incur any indebt-
edness on account of, improvement, repair, maintenance, or addition to
real or personal property belonging to anyone other than the Authority
or the Commonwealth of Virginia.

§ 62-106.8. Further powers.—In order to enable it to carry out the
purposes of this chapter, the Authority, but without pledging the faith
and credit of the Commonwealth of Virginia;

(a) Is vested with the powers of a body corporate, including the
power to sue and be sued, to make contracts, and to adopt and use a
common seal and to alter the same as may be deemed expedient;

(b) Is authorized and empowered to rent, lease, buy, own, acquire,
mortgage and dispose of such property, real or personal, as the Authority
deems proper to carry out the purposes and provisions of this chapter,
all or any of them; ,

(c) Is authorized and empowered to acquire, construct, maintain,
equip and operate any wharves, docks, ships, piers, quays, elevators,
compressors, refrigeration storage plants, warehouses and other struc-
tures, and any and all facilities needful for the convenient use of the
same in the aid of commerce, including the dredging of approaches thereto,
and the construction of shipping facilities, and transportation facilities
incident thereto and useful or convenient for the use thereof ;

(d) May appoint and employ and dismiss at pleasure such employees
as may be selected by the Board. The Board may retain legal counsel,
subject to the approval of the Attorney General, to represent the Board
in rate cases and all other hearings, controversies, or matters involving
the interests of the Board and the furtherance of its duties;

(e) Is authorized to establish and maintain a traffic bureau or other
office to investigate and seek improvement in rates, rate structure, prac-
tices and charges affecting the Virginia ports so as to increase the com-
merce of such ports;

(f) Is authorized and empowered to apply for and accept grants
of money or other property from any federal agency for any and all
of the purposes authorized in this chapter, and to expend or use the same
in accordance with the directions and requirements attached thereto or
imposed thereon by any such federal agency;

(g) Is vested with power to adopt, alter or repeal its own by-laws,
rules and regulations governing the manner in which its business may be
transacted and in which the power granted to it may be enjoyed, and
may provide for the appointment of such committees, and the functions
thereof, as the Authority may deem necessary or expedient in facilitating
its business;

(h) Is authorized and empowered to do any and all other acts and
things in this chapter authorized or required to be done, whether or not
included in the general powers in this section mentioned.

§ 62-106.9. Powers of State Corporation Commission not affected.—
Nothing contained in this chapter shall be construed as affecting the
powers and duties now conferred by law upon the State Corporation
Commission.

3. Any funds appropriated to the Division of Ports of the Department
of Conservation and Development by the General Assembly of 1952 are
hereby transferred to the Virginia State Ports Authority.

4. If any section or part or application of this act be held unconstitu-
tional by a court of last resort, such holding shall not impair the validity
of the remainder of this act or other applications thereof which can be
given effect, and to this end its provisions and applications are declared to
be severable.

5. All acts and parts of acts in conflict herewith are repealed to the
extent of such conflict.

6. The provisions hereof shall be in force on and after July one, nineteen
hundred fifty-two.