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 | 1954 |
---|---|
Law Number | 407 |
Subjects |
Law Body
CHAPTER 407
An Act to amend and reenact §§ 3-45 through 3-63 of Article 1 of Chapter
7 of Title 3 of the Code of Virginia, concerning produce market au-
thorities, and to repeal §§ 3-52.1 and 3-64 through 3-67 of said article
and all o f Article 2 of said chapter, being §§ 3-68 through 8-79.
(S 131]
Approved April 3, 1954
Be it enacted by the General Assembly of Virginia:
1. That §§ 3-45 through 3-63 of Article 1 of Chapter 7 of Title 3 of the
Code of Virginia be and are hereby amended and reenacted as follows:
§ 3-45. * 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 “(here insert name of city
yr county) Produce Market Authority’ created pursuant to the provisions
of §§ 3-46 and 3-47 of this article, or, if such Authority shall be abolished,
the city, county, 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.
(b) The word “market” shall mean the market constructed, main-
tained and operated under the provisions of this article by the Authority,
including all buildings, structures, parking facilities and other facilities
and appurtenances thereto which the Authority may deem necessary for
the maintenance and operation of the market, together with all property,
rights, easements and interest which may be acquired by the Authority
for the construction, maintenance and operation of the market.
(c) The word “cost” as applied to the market shall include the cost
of construction, the cost of any subsequent additions thereto or expansion
thereof, the cost of the acquisition of all land, rights of way, property,
rights, easements and interests acquired by the Authority for such con-
struction, additions or expansion, the cost of demolishing or removing any
building or structure on land so acquired, including the cost of acquiring
any lands to which such buildings or structures may be moved, the cost of
all equipment, financing charges, insurance, interest prior to and during
such construction, and during the construction of any addition or ezx-
pansion, and, if deemed advisable by the Authority, for a period not ex-
ceeding one year after completion of such construction, addition or ex-
pansion, the cost of surveys, engineering and architectural expenses,
borings, plans and specifications and other engineering and architectural
services, legal expenses, administrative expenses, and such other expenses
as may be mecessary or incident to the construction of the market, and of
such subsequent additions thereto or expansion thereof, the cost of financ-
ing such construction, additions or expansion and placing the market and
such additions or expansion in operation.
§ 3-46 *THE MARKET AUTHORITY.—In order to provide facili-
ties for the buying, selling, handling and distribution of perishable farm
produce so as to promote the agricultural and industrial development of the
Commonwealth and the health, safety, welfare, convenience and prosperity
of the inhabitants thereof, there is hereby authorized to be established a
wholesale produce market Authority in or for each city or county of the
Commonwealth having a population of more than thirty thousand in-
habitants which is hereby established as and declared to be a political sub-
division of the Commonwealth and is authorized and empowered to con-
struct, enlarge, extend, maintain, repair and operate the market, and ta
issue bonds of the Authority as hereinafter provided in this article.
§ 3-47. * ACTIVATION AND ORGANIZATION OF THE AU-
THORITY. (a) Whenever the governing body of any such city or county
shall adopt, by the affirmative vote of a majority of all of the members
thereof, a resolution petitioning the Governor to activate an Authority for
such city or county, the Governor may by proclamation activate the Author-
ity, or, if in the opinion of the Governor no substantial need exists therefor.
he may decline to do so. The resolution shall state whether it 1s desired
that the Authority shall consist of five or seven directors, and the proclama-
tion, if issued, shall designate the number.
(b) Every Authority shall be governed by a board of directors to be
appointed by the Governor. One member of the board shall be appointea
from a list of three persons nominated by the Director of the Division 0}
Markets with the approval of the Commissioner of Agriculture and Immt.
gration. One member shall be appointed from a list of three persons nomt-
nated by the Director of the Agricultural Extension Division of the Vir.
ginia Polytechnic Institute. One member shall be appointed from a list
of three persons nominated by the governing body of such city or county.
One member shall be appointed from a list of three wholesale dealers in
perishable farm produce nominated by a majority vote of all of the whole-
sale dealers in such produce doing business in such city, county or on the
market after it is in operation, each store unit having one vote. One
member shall be appointed from a list of three farmers nominated by the
agricultural agents of the several counties contiguous to such city or
county or contiguous to the county or counties in which such city is geo-
graphically located. In the event the number of directors is to be seven, one
member shall be appointed from a list of three persons nominated by the
directors or other governing body of the chamber of commerce of such
city, or county and one member shall be appointed from a list of three food
retail merchants nominated by the governing body of such city or county.
All nominees shall be residents of such city or county or of one of the
several counties contiguous thereto or contiguous to the county or counties
an which such city is geographically located.
(c) The members first appointed shall be appointed one each for terms
of one, two, three and four years, and one or three, as the case may be, for
a term of five years, according to the order in which they are listed in this
section, respectively. Subsequent appointments shall be made for terms
of five years each, except appointments to fill vacancies which shall be
for unexpired terms. The terms of the members first appointed shall, for
the purpose of determining the expiration dates of their respective terms,
be taken to commence on January first of the year immediately succeeding
the year in which the appointments are made, although the appointment is
made and duties are assumed prior thereto. Each member shall continue
to hold office until his successor has been appointed. Members of the
board shall be subject to removal from office in like manner as are state,
county, town and district officers under the. provisions of §§ 15-500 to
15-503 of the Code of Virginia. Immediately after such appointment, the
directors shall enter upon the performance of their duties. The board shall
annually elect one of its members as chairman and another as vice-chair-
man, and shall also elect annually a secretary and a treasurer, who may or
may not be members of the board. One person may be elected to both of
the last named offices. The chairman, or in his absence, the vice-chairman
shall preside at all meetings of the board. In the absence of both the charr-
man and vice-chairman the board shall appoint a chairman pro tempore,
who shall preside at such meetings. A majority of the full number of
directors shall constitute a quorum for the transaction of the business of
the Authority, and no vacancy in the membership of the board shall impair
the right of a quorum to exercise all the rights and perform all the duties
of the Authority. The members of the board shall be entitled to reimburse-
ment for their necessary expenses incurred in attendance upon the meet-
ings of the board or while otherwise engaged in the discharge of their
duties. Each member of the board shall also be paid a sum to be deter-
mined by the board not exceeding $25.00 per day for each day or portion
thereof during which he 1s engaged in the performance of his duties. Such
expenses and compensation shall be paid out of the treasury of the Author-
ity upon vouchers signed or approved by the chairman of the board or
by.such other person or persons as may be designated by the board for the
purpose.
(d) The members of the board of directors of a produce market author-
ity heretofore appointed pursuant to the provisions of Chapter 7 of Title 3
of the Code of Virginia shall constitute the board of directors of the
Authority created by this article. They shall serve as such until the expira-
tion of the terms for which they were appointed and the powers and
duties conferred and prescribed in this article shall be exercised and
performed by such board and all of the other provisions of this article
shall be applicable to such board and to such Authority. Thereafter, the
members of the board shall be appointed pursuant to the provisions of this
section.
§ 3-48. * GRANT OF POWERS.—The Authority is hereby author-
ized and empowered:
(a) To lease, purchase, construct, maintain, repair and operate the
market within or without the corpqrate limits of such city or county upon
lands owned or leased by the Authority;
(bo) To issue bonds of the Authority, and to refund its bonds, all as
provided in this article;
(c) To borrow money in anticipation of the issuance of bonds, for
any of its purposes, and to issue notes, certificates or other evidence of such
borrowing in such form as may be authorized by resolution of the Au-
thority, such notes, certificates or other evidence of such borrowing to be
payable in the first instance from the proceeds of any bonds issued under
the provisions of this article and to contain on their face a statement to the
effect that neither the Commonwealth, the Authority nor such city or
county shall be obligated to pay the same or the interest thereon except
from the proceeds of bonds in anticipation of the issuance of which such
notes, certificates, or other evidences of borrowing shall have been issued,
or from revenues of the operation of the market, and that neither the faith
and credit nor the taxing power of the Commonwealth or of such city or
county is pledged to the payment of the principal of or the interest on such
bonds, and such notes, certificates or other evidences of borrowing may be
sold in such manner, either at public or negotiated sale and for such price
as the Authority may determine;
(d) To fix and revise from time to time and charge and collect tolls,
fees, rents, and other charges for the use of the market and tts facilities
or any part thereof ;
(e) To establish rules and regulations for the use of the market or any
part thereof ;
(f) To acquire, hold and dispose of real and personal property in the
exercise of its powers and the performance of its duties;
(9g) 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 article;
(h) To employ, in its discretion, consulting engineers, attorneys, ac-
countants, construction and financial experts, superintendents and man-
agers, and to employ graders and classifiers under the Federal-State in-
spection service and such other employees and agents as may be necessary
in its judgment for the construction, maintenance and operation of the
market, and to fix their compensation;
(i) To receive and accept from the Federal government, the Common-
wealth, or such city or county, or from any agency or instrumentality
thereof, or from any person, firm or corporation, gifts and grants for any
of the purposes of the Authority, and to receive and accept aid or contribu-
tions from any other source of either money, property, labor or other
things of value, to be held, used and applied only for the purposes for which
such grants and contributions may be made;
(j) To enter upon any lands or premises for the purpose of making
such surveys, borings and examinations as the Authority may deem neces-
sary 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 resulting to such lands or premises as a result of
such entry and activities as a part of the cost of the market;
(k) To sue and to be sued; to have a seal and to alter the same at its
pleasure; and to make and from time to time amend and repeal by-laws,
rules and regulations not inconsistent with law to carry into effect the
powers and purposes of the Authority;
(lL) To lease the market facilities or any of them, or to grant privileges
for the use thereof to farmers, wholesale dealers and other persons engaged
primarily in the wholesale marketing of perishable farm produce, whether
in buying or selling in consideration of the payment of such tolls, fees,
rents or other charges, and upon such terms and conditions as the Au-
thority may prescribe or as may be agreed upon by the Authority and such
farmers, dealers and other persons;
(m) To provide upon the market premises a building or facilities
suitable and adequate for the operation of a restaurant and such other
services as may be necessary to accommodate the requirements of persons
buying and selling such produce and of persons employed at the market,
and to lease such building or facilities to a responsible operator upon such
terms and conditions as may be agreed upon by the Authority and such
operator;
(n) To provide upon the market premises such sanitary facilities and
parking space as may be necessary to accommodate the requirements of
persons transacting business at the market and of persons employed
thereat;
(o) To prescribe and designate reasonable grades and classes for the
various kinds of perishable farm produce sold at the market, which grades
and classes shall conform to those established pursuant to the laws of the
Commonwealth, the United States of America or ordinances of such city or
county whenever they or any of them are applicable;
(p) To permit the selling and buying of food products other than
perishable farm produce at the market only as a function incident to the
operation of the market;
(q) To do all other acts and things necessary or convenient to carry
out the powers expressly granted in this article.
§ 3-49. * ACQUISITION OF PROPERTY .—The Authority is hereby
authorized and empowered to acquire by purchase solely with funds
provided under the authority of this article, such lands, structures, prop-
erty, rights, rights of way, easements and other interests in lands, as it
may deem necessary or convenient for the construction and operation of
the market, and upon such terms and at such prices as may be con-
sidered by it to be reasonable and can be agreed upon between it and
the owner thereof.
§ 3-50. * CREDIT OF COMMONWEALTH AND CITIES NOT
PLEDGED.—Revenue bonds issued under the provisions of this article
shall not be deemed to constitute a debt of the Commonwealth or of any
such city or county or a pledge of the faith and credit of the Common-
wealth or of any such city or county, but shall be payable solely from the
funds of the Authority herein provided for. All of such revenue bonds
shall contain on the face thereof a statement to the effect that neither the
Commonwealth, the Authority nor any such city or county shall be
obligated to pay the same or the interest thereon except from funds of the
Authority and that neither the faith and credit nor the taxing power of the
Commonwealth nor that of any such city or county is pledged to the pay-
ment of the principal of or the interest on such bonds, notes, certificates or
evidences of borrowing. All expenses incurred in carrying out the pro-
visions of this article shall be payable solely from the funds provided under
the provisions of this article and no liability or obligation shall be incurred
by the Authority hereunder beyond the extent to which monies shall have
been provided under the provisions of this article. Neither the members
of the board of directors nor any officer or agent of the Authority execut-
ing any bond, note, certificate or other evidence of borrowing pursuant to
this article shall be personally liable by reason of such execution.
§ 3-51. * MARKET BONDS, NOTES, CERTIFICATES AND
OTHER EVIDENCES OF BORROWING.—The Authority is hereby au-
thorized to provide by resolution, at one time or from time to time,
for the issuance of revenue or general obligation bonds of the Authority
for the purpose of effectuating any or all of its purposes and for the
purpose of refunding any bonds previously issued under this article.
The bonds of each issue shall be dated, shall bear interest at such rate or
rates not exceeding five per centum per annum, shall mature at such time
or times not exceeding thirty years from their date or dates, as may be
determined by the Authority, and may be made redeemable before matur-
ity, 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
issuance of the bonds. The Authority shall determine the form of the
bonds, including any interest coupons to be 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 Commonwealth. The bonds shalt
be signed by the chairman of the board of directors of the Authority or
Shall bear his facsimile signature, and the official seal of the Authority or
a facsimile thereof shall be impressed thereon and attested by the
secretary of the Authority, and any coupons attached thereto shall bear
the facsimile signature of the chairman of the board of directors of the
Authority. In case any officer whose signature or a facsimile of whose
signature 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
had remained in office until such delivery. All bonds issued under the pro-
visions of this article shall have and are hereby declared to have all the
qualities and incidents of negotiable instruments under the negotiable in-
struments law of the Commonwealth, notwithstanding any of the pro-
visions of this article or any recitals in any such bonds. The bonds may
be issued in coupon or registered form, or both, as the Authority may de-
termine, and provision may be made for the registration of any coupon
hoirds as to principal alone or as to both principal and interest, and for
the reconversion into coupon bonds of any bonds registered as to both
principal and interest and 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 article. The proceeds of the bonds of each issue shall be
used solely for effectuating the purposes of the Authority and shall be dis-
bursed in such manner and under such restrictions, if any, as the Au-
thority may provide in the resolution authorizing the issuance of such
bonds or in the trust indenture or agreement hereinafter securing the
same. 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 become
mutilated or shall be destroyed or lost. Bonds may be issued under the
provisions of this article without obtaining the consent of any department,
division, commission, board, bureau or agency of the Commonwealth, and
without any other proceeding or the happening of any other conditions or
things than those proceedings, conditions or things which are specifically
required by this article.
§ 3-52. * TRUST INDENTURE.—In the discretion of the Au-
thority any bonds issued under the provisions of this article may be secured
by trust indenture by way of a conveyance, deed of trust or mortgage of the
market or any part thereof or by a trust agreement by and between the
Authority and a corporate trustee, which may be any trust company or
bank having the powers of a trust company within or without the Com-
monwealth or by both such conveyance, deed of trust or mortgage and
indenture or trust agreement. Such trust indenture or agreement or the
resolution providing for the issuance of such bonds may pledge or assign
the tolls, fees, rents or other charges to be received. Such trust indenture
or agreement or resolution providing for the issuance of such bonds may
_ contain such provisions for protecting and enforcing the rights and reme-
dies of the bondholders as may be reasonable 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 market, and the rates
of tolls, fees, rents and other charges to be charged, and the custody, safe-
guarding and application of all monies of the Authority, and conditions or
limitations with respect to the issuance of additional bonds. 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 such
bonds or of other revenues of the Authority to furnish indemnifying bonds
or to pledge such securities as may be required by the Authority. Such
trust indenture may set forth the rights and remedies of the bondholders
and of the trustee, and may restrict the individual right of action by bond-
holders. In addition to the foregoing, such trust indenture or agreement
or resolution may contain such other provisions as the Authority may deem |
reasonable and proper for the security of the bondholders. All expenses
incurred in carrying out the provisions of such trust indenture or agree-
ment or resolution may be treated as a part of the cost of the market.
§ 3-53. * REVENUES.—The Authority is hereby authorized to
fix, revise, charge and collect tolls, fees, rents and other charges for the use
of the market and the different parts thereof. Such tolls, fees, rents and
other charges shall be so fixed and adjusted as to provide a fund sufficient
with other revenues to pay: first, the cost of maintaining, repairing and
operating the market, and second, the principal of and interest on such
bonds as the same shall become due and payable, and, third, to create
reserves for such purposes and for other purposes of the Authority. Such
tolls, fees, rents and charges shall not be subject to supervision or regula-
tion by any commission, board, bureau or agency of the Commonwealth
or of any such city. The tolls, fees, rents and other charges derived from
the market, except such part thereof as may be necessary to pay the cost
of maintenance, 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 indenture or agreement securing the same, shall be
set aside at such regular intervals as may be provided in such resolution or
trust indenture or agreement in a sinking fund which is hereby pledged to,
and charged with, the payment of and the interest on such bonds as the
same shall become due, and the redemption price or the purchase price of
such bonds retired by call or purchase as therein provided. Such pledge
shall be valid and binding from the time when the pledge is made. The
tolls, fees, rents and charges 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 indenture by which a pledge is created need be filed or recorded
except in the records of the Authority. The use and disposition of monies
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 indenture
or agreement. Except as may otherwise be provided in such resolution or
such trust indenture or agreement, such sinking fund shall be a fund for
all such bonds without distinction or priority of one over another. The
Authority shall not operate the market for profit. The Authority shall
pay to such city or county annually such sums in lieu of taxes as shall be
agreed to by the Authority and the city or county; and should the Au-
thority and the city or county fail to reach such an agreement, or upon
termination of any agreement so made, the Authority shall pay to the
city or county annually a sum equal to all taxes that would be assessed
by the city or county had the Authority been assessable therefor. The
Authority shall adjust, if necessary, its tolls, fees, rents and other charges
so that the market will not be operated for profit; provided, however, that
reasonable reserves for any of the purposes of the Authority, including
such annual payments to the city or county or repayment of any loan may
first be set aside.
§ 3-54. * TRUST FUNDS.—AIll monies received pursuant to the
authority of this article, whether as proceeds from the sale of bonds or as
revenues, shall be deemed to be trust funds to be held and applied solely
as provided in this article.
§ 3-55. * REMEDIES.—Any holder of bonds, notes, certificates or
other evidences of borrowing issued under the provisions of this article or
of any of the coupons appertaining thereto, and the trustee under any
trust indenture or agreement, except to the extent of the rights herein
given may be restricted by such trust indenture, or agreement may, either
at law or in equity, by suit, action, injunction, mandamus or other proceed-
ings, protect and enforce any and all rights under the laws of the Common-
wealth or granted by this article or under such trust indenture or agree-
ment or the resolution authorizing the issuance of such bonds, notes or
certificates, and may enforce and compel the performance of all duties re-
quired by this article or by such trust indenture or agreement or resolution
to be performed by the Authority or by any officer or agent thereof, in-
cluding the fixing, charging and collection of tolls, fees, rents and other
charges.
§ 3-56. * EXEMPTION FROM TAXATION.—The exercise of the
powers granted by this article shall be in all respects for the promotion of
the agricultural, commercial and industrial development of the Common-
wealth and for the health, safety, welfare, convenience and prosperity of
the inhabitants thereof, and as the operation and maintenance of the
market by the Authority will constitute the performance of essential gov-
ernmental functions, the Authority shall not be required to pay any taxes or
assessments upon the property of or any property acquired or used by the
Authority under the provisions of this article or upon the income there-
from; and the bonds, notes, certificates or other evidences of borrowing
issued under the provisions of this article, 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 such
city or county and any other municipality, county or other political sub-
division of the Commonwealth.
§ 3-57. * BONDS ELIGIBLE FOR INVESTMENT.—Bonds tssued
by the Authority under the provisions of this article are hereby made se-
curities in which the Commonwealth, its agencies and public institutions
and such city or county and the other municipalities, counties and other
political subdivisions of the Commonwealth, all insurance companies, trust
companies, banks, banking associations, investment companies, executors,
administrators, trustees and other fiduciaries, and all other persons what-
soever who are now or may be hereafter authorized to invest in bonds or
other obligations of a similar nature may properly and legally invest funds
including capital in their control or belonging to them. Such bonds are
hereby made securities which may be properly and legally deposited with
and received by any State or municipal officer or State agency or public
institution or any municipality, county or other political subdivision of the
Commonwealth for any purpose for which the deposit of bonds or other
obligations is now or may be hereafter authorized by law.
§ 3-58. * MARKET REFUNDING BONDS.—The Authority 1s here-
by authorized to provide for the issuance of market refunding bonds of the
Authority for the purpose of refunding any bonds then outstanding which
shall have been issued under the provisions of this article, 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 Authority, for the purpose of constructing additions to or expansion
of the market. The Authority is further authorized to provide by resolu-
tion for the issuance of its bonds for the combined purpose of (a) refund-
ing any bonds then outstanding which shall have been issued under the
provisions of this article, including the payment of any redemption prem-
ium thereon and any interest accrued or to accrue to the date of redemption
of such bonds, and (b) paying all or any part of the cost of the market or
any addition thereto or expansion thereof which shall not have theretofore
been financed. The issuance of such bonds, the maturities and other
details with respect thereto, the rights of the holders thereof, and the
rights, duties and obligations of the Authority with respect to the same,
shall be governed by the provisions of this article in so far as the same
may be applicable.
§ 3-59. * COMPETING MARKETS.—So long as any bonds issued
under the provisions of this article are outstanding, no market competing
with the market established, maintained and operated under the provisions
of this article shall be constructed by the Commonwealth or a political
subdivision thereof, nor shall the Commonwealth or such political sub-
division consent to the construction of any such market within the area
or areas from which the Directors of the Authority are nominated, which
may adversely affect the revenues of the market, unless funds shall have
been provided for the redemption of all such outstanding bonds, the interest
payable thereon and the premium, if any, payable on the redemption of
such bonds.
§ 3-60. * MISCELLANEOUS.—(a) The market when constructed
and put in operation shall be maintained and kept in good condition and
repair by the Authority and shall be operated by such employees as the
Authority may employ. The market shall be policed by the police force
of such city or of the county in which the market may be located, which
shall be responsible for the preservation of the public peace, prevention of
crime, apprehension of criminals, protection of the rights of persons and
property, and enforcement of the laws of the Commonwealth and all ordi-
nances of such city or county and rules and regulations made in accordance
therewith within the market boundaries and such force shall have all the
rights and duties of police officers as provided by the general laws of the
Commonwealth within the market boundaries. For the purpose of en-
forcing such laws, ordinances, rules and regulations the court or courts
having jurisdiction for the trial of criminal offenses in such city or county
shall have jurisdiction to try any person charged with the commission of
any such crime or ordinance violation or rule or regulation within the
market boundaries. Violation of or failure, refusal or neglect to observe,
obey and comply with the rules and regulations of the Authority adopted
pursuant to the provisions of this article shall constitute a misdeamor and
shall be punishable accordingly, and such police force shall have the power
and jurisdiction to enforce such rules and regulations.
(b) All ordinances and other acts of the governing body of such city or
county and all rules and regulations made pursuant thereto or other law
shall apply to and shall be enforced within the market boundaries to the
same extent and with the same force and effect as such ordinances, acts,
rules and regulations apply and are effective and enforced within the
boundaries of such city or county.
(c) The court or courts having jurisdiction of actions at law and suits
in equity and of other proceedings, actions and suits in such city or county
shall have exclusive jurisdiction for the trial of all such actions, suits and
proceedings growing out of the construction, maintenance, repair, exten-
sion, expansion and operation of the market, and growing out of any other
circumstances, events or causes originating within the market boundaries.
Eminent domain proceedings instituted and conducted by the Authority
shall be brought and conducted in the court or courts having jurisdiction
of such proceedings in such city or county, and jurisdiction is hereby con-
ferred on such courts for such purpose. |
(d) All private property damaged or destroyed in carrying out the
powers granted by this article shall be restored or repaired and placed in
its original condition as nearly as practicable or just compensation shall
be paid therefor out of funds provided under the provisions of this article.
(e) Every such city or county shall have the power to acquire in the
manner and by the procedure prescribed in its charter or by general law
such real property as its governing body shall determine and to sell or lease
such property to the Authority upon such terms and conditions as such
governing body may prescribe to effectuate the purposes of the Authority.
Such city or county may also sell or lease to the Authority real property
previously acquired by such city or county, which in the opinion of its
governing body is not needed for other public use, upon such terms and
conditions as such governing body may prescribe. The Authority shall pay
to such city or county the fair market value of such property sold to the
Authority and if the payment thereof is deferred or is to be made in install-
ments, such deferred payments or installments, including interest on the
purchase price, shall be disbursed from the revenues of the Authority as
a part of the cost of operating the market. Rent or other compensation
paid for the lease of such property to the Authority shall likewise be paid
from the revenues of the Authority as a part of the cost of operating the
market. The sale or lease of any such property to the Authority may be
done without the necessity for any advertisement, order of court or other
action or formality, other than the regular and formal action of such city
and the Authority.
(f) On or before the thirtieth day of January in each year, the
Authority shall make an annual report of its activities for the dreceding
calendar year to the Commissioner of Agriculture and Immigration and
such city or county. Each such report shall set forth a complete operating
and financial statement covering the Authority’s operations during the
year. The Authority shall cause an audit of its books and accounts to be
made at least once in each year by certified public accountants and the cost
thereof shall be treated as a part of the cost of the construction or opera-
tion of the market.
(g) Any director of the Authority may contract with the Authority
for the use of the facilities of the market for buying and selling produce
on the market, but no other contract between a director and the Authority
shall be valid unless and until such contract is approved by the governing
body of such city or county. Any agent or employee of the Authority who
contracts wth 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 misdemeanor and such
contract shall be void and unenforceable. Jurisdiction for the trial of such
misdemeanors is hereby conferred upon the hustings or corporation court
of such city or the circuit court of such county, as the case may be.
(h) The records, books and accounts of the Authority shall be subject
to examination and inspection by duly authorized representatives of the
Governor, the Commissioner of Agriculture and Immigration and the
governing body of such city and any bondholder or bondholders at any
reasonable time, provided the business of the Authority 1s not unduly
interrupted or interfered with thereby.
(1) The Authority shall not discriminate in the operation of the market
against the sale at the market of any perishable farm product, nor against
any producer of any perishable farm product, on account of the county or
state in which any such product is produced, or on account of the legal
nature of the producer or other person engaged in the marketing of any
such product, whether individual, co-operative, partnership or corporate,
or on account of the conditions of employment or the nature of the labor
employed in the production or marketing of such product; but every such
authority shall take all reasonable action and precaution to prevent any
such discrimination.
(j) The Authority may enter into contracts with such city or county
for providing such water, gas, electric, sewage disposal, and refuse collec-
tion services, and fire and police protection and other services required for
the construction, maintenance and operation of the market, which shall
be upon such terms and conditions and at such rates, fees and charges as
shall be prescribed by such city or county, the cost of obtaining such
services from the city or county shall be paid as a part of the cost of
operating the market.
(k) The lease of any of the facilities of the market or the grant of any
privilege for the use thereof shall not be construed to relieve any such
lessee or grantee from any tax levied by the Commonwealth or such city
or county applicable to such lessee or grantee nor shall such lessee or
grantee be exempt therefrom.
(l) Every person, firm and corporation which violates, or fails, re-
fuses or neglects to observe and comply with any rule or regulation estab-
lished by the Authority for the use of the market, or any part thereof may
be evicted therefrom, and shall be guilty of a misdemeanor. Each such
violation, failure, refusal or neglect and each day’s continuance thereof
shall constitute a separate offense. Jurisdiction for the trial of such mis-
demeanors is hereby conferred upon the hustings or corporation court of
such city or the circuit court of such county, as the case may be.
§ 3-61. * ARTICLE TO BE LIBERALLY CONSTRUED.—This
article, being necessary for the promotion of public safety, welfare, health,
convenience and prosperity of the inhabitants of the Commonwealth, it
shall be liberally construed to effect the purposes hereof.
§ 8-62. * CONSTITUTIONAL CONSTRUCTION.—The provisions
of this article are severable, and if any of its provisions shall be held un-
constitutional by any court of competent jurisdiction, the decision of such
court shall not affect or impair any of the other provisions of this article.
§ 3-63. * INCONSISTENT LAWS INAPPLICABLE.—AIl other
general or special laws, including the provisions of charters of such cities
inconsistent with any provision of this article are hereby declared to be
inapplicable to the provisions of this article.
2. That §§ 3-52.1, 3-64, 3-65, 3-66 and 3-67 of Article 1 and all of Article
2, being §§ 3-68 through 3-79, of Chapter 7 of Title 3 of the Code of Vir-
ginia be and are hereby repealed.
3. An emergency existing, this act shall be in force from its passage.