CHAPTER 704

Act to amend the Code of Virginia by adding in Title 33 an Article
numbered 12, containing sections numbered 83-255.45 through 88-
255.66 so as to facilitate the movement of vehicular traffic in the Com-
monwealth of Virginia by providing for the construction, reconstruc-
tion, maintenance, repair, improvement, management and operation of
a turnpike project extending generally from the termination noint of
the West Virginia Turnpike on the Virginia-West Virginia line near
Bluefield, Virginia, in a generally Southeasterly direction to the termt-
nation point of the proposed North Carolina Turnpike on the Virqginia-
North Carolina State line near Mt. Airy, North Carolina; creating a
political subdivision of the Commonwealth to be known as “Old Do-
minion Turnpike Authority” and defining its powers and duties: qrant-
ang to the authority power to acquire necessary 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 tolls and other revenues;
providing that no debt of the Commonwealth shall be incurred in the
exercise of any such powers; providing for the collection of tolls and
other revenues to pay such bonds and interest thereon and the cost of
reconstruction, maintenance, repair, improvement, management and
operation of such project; exempting from taxes and assessments such
project and such bonds and the income therefrom; authorizing the
issuance of revenue refunding bonds; 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.

[S 370]

Approved April 8, 1954

Be it enacted by the General Assembly of Virginia:

That the Code of Virginia be amended by adding in Title 33 an article
ibered 12, containing sections numbered 33-255.45 through 33-255.66

ollows:
ARTICLE 12

OLD DOMINION TURNPIKE AUTHORITY
§ 83-255.45. 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 Old Dominion Turnpike Au-
thority created by § 33-255.48 of this article, or, if the Authority shall
be abolished, the 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 “project” or the words “turnpike project” shall mean
a controlled access express highway or superhighway constructed by the
Authority under the provisions of this article extending generally from
the termination point of the West Virginia Turnpike on the Virginia-West
Virginia line near Bluefield, Virginia, in a generally southeasterly direc-
tion to the termination point of the proposed North Carolina Turnpike on
the Virginia-North Carolina State line near Mt. Airy, North Carolina,
and embodying such safety devices as grade separation at intersections
with other highways and railroads, long-sight distances, ample shoulder
widths and, except in tunnels, center division and multiple lanes in each
direction, and including all bridges, tunnels, overpasses, underpasses, en-
trance plazas, approaches, approach roads, connections, connecting roads,
toll houses, minimum automotive service facilties, and administration,
storage and other buildings and facilities which the Authority may deem
necessary for the operation of the project, together with all property,
rights, easements, and interests which may be acquired by the Authority
for the construction or the operation of the project; but shall not be con-
strued to mean or include any extension of such express highway or super-
highway or any other controlled access express highway or superhighway.

(c) The word “cost” as applied to the turnpike project shall embrace
the cost of construction, landscaping and conservation, the cost of the
acquisition of all land, rights-of-way, property, rights, easements and
interests acquired by the Authority for such construction, landscaping and
conservation, the cost of demolishing or removing any buildings or struc-
tures on land so acquired, including the cost of acquiring any lands to which
such buildings or structures may be moved, the cost of all machinery and
equipment, financing charges, interest prior to and during construction
and, if deemed advisable by the Authority, for a period not exceeding one
year after completion of construction, cost of traffic estimates and of en-
gineering and legal services, plans, specifications, surveys, estimates of
cost and of revenues, other expenses necessary or incident to determin-
ing the feasibility or practicability of constructing the project, adminis-
trative expenses, and such other expense 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. Any obligation or expense in-
curred by the State Highway Commission for traffic surveys, borings,
preparation of plans and specifications, and other engineering services
in connection with the construction of the project shall be regarded as a
part of the cost of such project and shall be reimbursed to the State High-
way Commission out of the proceeds of the turnpike revenue bonds issued
for the project as hereinafter authorized.

(d) The words “public highways” shall include all public highways,
roads and streets in the Commonwealth, whether maintained by the Com-
monwealth or by any county, city, town or other political subdivision.

(e) The word “bonds” or the words “revenue bonds” or “turnpike
revenue bonds” shall mean revenue bonds or revenue refunding bonds
of the Authority issued under the provisions of this article.

(f) 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 this article.

(g) The words “controlled access express highway or superhighway”
shall mean a highway especially designed for through traffic over or to
which owners or occupants of abutting property or other persons have no
easement of or right to light, air, view or access by reason of the fact
that their property abuts upon such highway; and access to which high-
way is controlled by the Authority or the Commonwealth and the cities
through which it extends under the provisions of § 33-255.60 of this arti-
cle, so as to give preference to through traffic by providing access con-
nections with selected public roads only and by prohibiting crossings at
grade or direct private driveway connections.

§ 33-255.46. Turnpike project.—in order to facilitate vehicular traf-
fic, remove many of the present handicaps and hazards on the con-
gested highways in the Commonwealth, and promote the agricultural and
industrial development of the Commonwealth, Old Dominion Turnpike
Authority (hereinafter created) is hereby authorized and empowered at
one time or from time to time to plan, construct, reconstruct, maintain, °
repair, improve, manage and operate the turnpike project (hereinbefore
defined), or such portions thereof as deemed feasible by the Authority,
and to issue revenue bonds of the Authority, payable solely from revenues,
to finance such project or portions thereof.

§ 33-255.47. Credit of Commonwealth and political subdivisions
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
political subdivision thereof or a pledge of the faith and credit of the
Commonwealth or of any such political subdivision, but shall be payable
solely from the funds provided therefor from revenues. All such revenue
bonds shall contain on the face thereof a statement to the effect that
neither the Commonwealth nor the Authority shall be obligated to pay the
same or the interest thereon except from revenues of the turnpike project
and that neither the faith and credit nor the taxing power of the Common-
wealth or of any political subdivision thereof is pledged to the payment
of the principal of or the interest on such bonds.

All expenses incurred in carrying out the provisions of this article
shall be payable solely from 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 money shall have been provided
under the provisions of this article.

§ 33-255.48. Old Dominion Turnpike Authority.—There is hereby
created and constituted a political subdivision of the Commonwealth to be
‘ known as “Old Dominion Turnpike Authority’. The exercise by the Au-
thority of the powers conferred by this article in the construction, operation
and maintenance of the turnpike project authorized by this article shall be
deemed and held to be the performance of an essential governmental
function.

The Authority shall be governed by a board of directors consisting of
nine members each of whom shall be appointed by the Governor from
among the citizens of Virginia. Vacancies occurring on the board shall
be filled by appointment by the Governor from among the citizens of
Virginia. 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, provided that the
Hustings Court of the City of Richmond shall have exclusive jurisdiction
of all proceedings for such removal. 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-
chairman, and shall also elect annually a secretary, or a secretary-
treasurer, who may or may not be a member of the board. The chairman,
or in his absence, the vice-chairman, shall preside at all meetings of the
board. In the absence of both the chairman and vice-chairman, the board
shall appoint a chairman pro tempore, who shall preside at such meetings.
Five directors shall constitute a quorum for the transaction of the business
of the authority, and no vacancy in the membership of the board shall im-
pair 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
reimbursement for their 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 the sum of twenty-
five dollars per day for each day or portion thereof during which he is
engaged in the performance of his duties. Such expenses and compensa-
tion shall be paid out of the treasury of the Authority upon vouchers signed
by the chairman of the board or by such other person or persons as may
be designated by the board for the purpose.

§ 38-255.49. General grant of powers—The Authority is hereby
authorized and empowered:

(a) To determine the location and route or routes subject to the ap-
proval of the State Highway Commission, of the turnpike project, or any
portions thereof, to determine, in its discretion and without reference to
any other provisions of this article or any other law, the design standards
and the materials of construction, and to construct, reconstruct, maintain,
repair, improve, manage and operate the same;

(b) To issue turnpike 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 article;

(c) To borrow money in anticipation of the issuance of bonds, for any
of its purposes and to issue notes, certificates, or other evidences of such
borrowing in such form as may be authorized by resolution of the Author-
ity, such notes, certificates, or other evidence of such borrowing to be pay-
able 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 any county, mu-
nicipality or other political subdivision of the Commonwealth 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 turnpike project, and that neither the faith and credit nor the taxing
power of the Commonwealth or of any political subdivision thereof 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 for
transit over the project and the several parts or sections thereof.

(e) To establish rules and regulations for the use of the project, in-
cluding reasonable rules and regulations relating to (1) maximum and
minimum speed limits applicable to motor vehicles using the project, any
other provisions of law to the contrary notwithstanding, (2) the types,
kinds and sizes of the vehicles which may use the project, provided the
Authority shall not operate any vehicle for the transportation of persons
or property for compensation nor have the power to divest the State
Corporation Commission or the Interstate Commerce Commission of juris-
diction to authorize and regulate the operation of such carriers, (3) the
nature, size, type of materials or substances which shall not be transported
over the project, and (4) such other matters as may be necessary or expedi-
ent in the interest of public safety with respect to the use of the project and
the areas over which the Authority has control;

(f) To acquire, hold and dispose of real and personal property in the
exercise of its powers and the performance of its duties;

(g) To designate the locations with the approval of the State High-
way Commission, and establish, limit and control such points of ingress
to and egress from the project, including at least one such point in each
county traversed by the project, as may be necessary or desirable in the
judgment of the Authority to insure the proper operation and maintenance
of the project, to prohibit entrance to and exit from the project from
any point or points not so designated ; and to construct, maintain, repair and
operate service or frontage roads connecting with points of ingress to and
egress from the project at such locations as shall be designated by the
Authority or by the Commonwealth under the provisions of § 33-255.60
of this article.

(h) To make and enter into all contracts and agreements neces-
sary or incidental to the performance of its duties and the execution of
its powers under this article;

(i) To employ such officers, agents and employees as may be neces-
sary in its judgment and to fix their compensation. To retain and contract
for the services of consultants and assistants for rendering engineering,
legal, accounting, financial and other professional or technical assistance
or advice, and such consultants and assistants shall not be deemed to
be agents or employees within the meaning of § 33-255.63 (f) of this
article;

(j) To receive and accept from any Federal agency grants for or in
aid of the construction of the project, or any portion thereof heretofore or
hereafter made, and to receive and accept from the Commonwealth, from
any political subdivision thereof and from any other source aid or con-
tributions 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;

(k) To construct grade separations at intersections of the project
with public highways, streets or other public ways or places, and to change
and adjust the lines and grades thereof so as to accommodate the same to
the design of such grade separation. The cost of such grade separations
and any damage incurred in changing and adjusting the lines and grades
of such highways, streets, ways and places shall be ascertained and paid
by the Authority as a part of the cost of the project;

(1) To vacate or change the location of any portion of any public
highway, street or other public way or place, public utility, sewer, pipe,
main, conduit, cable, wire, tower, pole and other equipment and appliance
of the Commonwealth or of any political subdivision of the Commonwealth
and to reconstruct the same at such new location as the Authority shall
deem most favorable for the project and of substantially the same type
and in as good condition as the original highway, street, way, place, public
utility, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment or
appliance, and the cost of such reconstruction and any damage incurred in
vacating or changing the location thereof shall be ascertained and paid by
the Authority as a part of the cost of the project; and any public highway,
street or other public way or place vacated or relocated by the Authority
shall be vacated or relocated in the manner provided by law for the vaca-
tion or relocation of public roads, and any damages awarded on account
thereof shall be paid by the Authority as a part of the cost of the project;

. (m) To enter upon any lands, waters and premises for the purpose of
making such surveys, soundings, borings and examinations as the Au-
thority 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 Authority shall pay any actual damage resulting to such lands, water
and premises as a result of such entry and activities as a part of the cost
of the project;

(n) To make reasonable regulations for the installation, construc-
tion, maintenance, repair, renewal, and relocation of pipes, mains, sewers,
conduits, cables, wires, towers, poles and other equipment and appliances
herein called “public utility facilities’, of the Commonwealth and of any
political subdivision or public utility or public service corporation or of any
person, firm or other corporation rendering similar services owning or
operating the same in, on, along, over or under the project, and whenever
the Authority shall determine that it is necessary that any such public
utility facilities should be relocated or removed, the Commonwealth or such
political subdivision, public utility or public service corporation shall
relocate or remove the same in accordance with the order of the Authority,
provided, however, the cost and expense of such relocation or removal,
including the cost of installing such public utility facilities in a new
location or locations, and the cost of any lands or any rights or interests
in lands, and any other rights acquired to accomplish such relocation or
removal shall be ascertained and paid by the Authority as a part of the
cost of the project, and the Commonwealth or such political subdivision,
public utility or public service corporation may maintain and operate such
public utility facilities with the necessary appurtenances, in the new loca-
tion or locations for as long a period and upon the same terms and condi-
tions as it had the right to maintain and operate such public utility facili-
ties in. their former location or locations;

(o) 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;

(p) To do all other acts and things necessary or convenient to carry
out the powers expressly granted in this article.

§ 33-255.50. Acquisition of Property.—(a) The Authority is hereby
authorized and empowered to acquire by purchase solely from funds pro-
vided under the provisions of this article, such lands, structures, property,
rights, rights of way, franchises, easements and other interests in lands,
including lands lying under water and riparian rights, 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 betwen it and the owner thereof.

All political subdivisions and, with the approval of the Governor, all
public agencies and commissions of the Commonwealth, notwithstanding
any contrary provision of law, are hereby authorized and empowered to
lease, lend, grant or convey to the Authority at its request upon such terms
and conditions as the proper authorities of such political subdivisions,
agencies or commissions of the Commonwealth may deem reasonable and
fair and without the necessity for any advertisement, order of Court or
other action or formality, other than the regular and formal action of the
authorities concerned, any real property which may be necessary or con-
venient to the effectuation of the authorized purposes of the Authority, in-
cluding public highways and other real property already devoted to public
use. In case any such public highway may not be subject to the imposition
of tolls because such highway is a part of the Federal-Aid system of high-
ways, the Authority may refrain from collecting tolls upon such portion
of such highway as may be necessary in order to comply with the pro-
visions of the Federal law then in effect.

(b) The Authority is authorized and empowered to acquire by the
exercise of the power of eminent domain any lands, property, rights,
rights of way, franchises, easements and other property, including public
lands, parks, playgrounds, reservations, highways or parkways, or parts
thereof or rights therein, of any person, copartnership, association, rail-
road, public service, public utility or other corporation, or of any political
subdivision, deemed necessary or convenient for the construction or the
efficient operation of the project or necessary in the restoration, replace-
ment or relocation of public or private property damaged or destroved,
whenever a reasonable price cannot be agreed upon with the governing body
of such political subdivision as to such property owned by it, or whenever
the Authority cannot agree on the terms of purchase or settlement with the
other owner or owners because of the incapacity of such owner or owners
or because of the inability to agree on the compensation 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 ac-
cordance 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 pro-
visions of Section 25-233 of the Code of Virginia, 1950, as fully as if the
Authority were a corporation possessing the power of eminent domain;
provided, however, that title to any property condemned by the Authority
shall immediately vest in the Authority and the Authority shall be entitled
to the immediate 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 proceedings shall appeal from such appraisement. Whenever the
Authority shall make such deposit in connection with any condemnation
proceedings, the making of such deposit shall not preclude the Authority
from appealing any decision rendered in such proceeding. The said clerk
of the court shall hold any such deposit made by the Authority until the
period within which an appeal may be taken from such appraisement has
expired or if an appeal is taken, until judgment has been rendered on such
appeal. If the appraisement is increased or decreased as the result of an
appeal, the amount of the increase or decrease shall be paid by or refunded
to the Authority.

The acquisition of any such property by condemnation or by the
exercise of the power of eminent domain shall 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 obligation
of the Authority shall impose any liability upon the Commonwealth or upon
any 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) Where the Authority proposes to cross the tracks of any railroad
the exercise of the power of eminent domain with respect to the property,
right of way, facilities, works or appurtenances upon or adjacent to which
such tracks are located, shall be limited to the acquisition only of an ease-
ment therein, which shall be located either sufficiently above or below the
grade of any such railroad track or tracks so that neither the project nor
any part thereof, including any bridge abutments, columns, supporting
structures and appurtenances, nor any traffic upon it shall interfere in any
manner with the use, operation or maintenance of the trains, tracks, works
or appurtenances or other property of the railroad nor interfere with or
endanger the movement of the trains or traffic upon the tracks of the rail-
road. Prior to the exercise of the power of eminent domain for such
easement, plans and specifications of the project showing compliance with
such requirements and showing sufficient and safe plans and specifications
of such overhead or underground structure and appurtenances shall be sub-
mitted to the railroad for examination and approval. If the railroad fails
or refuses within thirty days to approve the plans and specifications so sub-
mitted, the matter shall be submitted by the Authority to the State Cor-
poration Comnfission, whose decision, arrived at after due consideration
in accordance with its usual procedure, shall be final as to the sufficiency
and safety of such plans and specifications and as to such elevations or
distances above or below such tracks. The overhead or underground
structures and appurtenances shall be constructed in accordance with
such plans and specifications and in accordance with such elevations or
distances above or below such tracks so approved by the railroad or the
State Corporation Commission, as the case may be. A copy of the plans
and specifications approved by the railroad or the State Corporation Com-
mission shall be filed as an exhibit upon the institution of any proceedings
brought in the exercise of the power of eminent domain under this sub-
section.

(¢g) The Commonwealth hereby consents, subject to the approval of
the Governor, to the use of any other lands or property owned by the Com-
monwealth, including lands lying under water, which are deemed by the
Authority to be necessary for the construction or operation of the project.

§ 33-255.51. Turnpike revenue bonds.—The Authority is hereby au-
thorized to provide by resolution for the issuance, at one time or from time
to time, of turnpike revenue bonds of the Authority for the purpose of pay-
ing all or any part of the cost of the turnpike project or of any portion or
portions thereof. 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 five per centum (5°) 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 maturity,
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, includ-
ing any interest coupons to be attached thereto, and shall fix the denomina-
tion 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 shall be signed by the chair-
man of the Authority or shall bear his facsimile signature, and the of-
ficial seal of the Authority or a facsimile thereof shall be impressed or
imprinted thereon and attested by the secretary or secretary-treasurer of
the Authority, and any coupons attached thereto shall bear the facsimile
signature of the chairman 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 suf-
ficient for all purposes the same as if he had remained in office until such
delivery. 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, whether such sale is made to a
consultant or consultants referred to in § 33-255.49 (i) of this article acting
either alone or in conjunction with others, 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 the
payment of the cost of the turnpike project or the portion thereof for
which such bonds shall have been issued, and shall be disbursed in such
manner and under such restrictions, if any, as the Authority may provide
in the resolution authorizing 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 au-
thorizing 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 pay-
ment from the same fund without preference or priority of the bonds first
issued. If the proceeds 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, or, if such bonds shall have been issued for paying the cost of a por-
tion of the project, such surplus may be applied to the payment of the cost
of any remaining portion of the project.

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 the 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 this
article without obtaining the consent of any department, division, commis-
sion, 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 required by this

icle.

§ 33-255.52. Trust agreement.—In the discretion of the Authority
any bonds issued under the provisions of this article may be secured 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 Commonwealth or the resolution authorizing
the issuance of such bonds may appoint such a corporate trustee. Such
trust agreement or the resolution may pledge or assign the tolls and other
revenues to be received and the moneys derived therefrom and the pro-
ceeds of such bonds, but shall not convey or mortgage the turnpike project
or any part thereof. Such trust agreement or resolution providing for the
issuance of such bonds may contain such provisions for protecting and en-
forcing the rights and remedies 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, reconstruction, improvement, maintenance, repair, Manage-
ment, operation and insurance of the turnpike project or the portion thereof
in connection with which such bonds shall have been authorized, the rates
of toll to be charged, the custody, safeguarding and application of all
moneys, and conditions or limitations with respect to the issuance of addi-
tional 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 bonds or of revenues to furnish such indemnifying bonds or to
pledge such securities as may be required by the Authority. Any such
trust agreement or resolution may set forth the rights and remedies of the
bondholders and of the trustee, and may restrict the individual right of
action by bondholders. In addition to the foregoing, any such trust agree-
ment or resolution may contain such other provisions as the Authority may
deem reasonable and proper for the security of the bondholders. All ex-
penses incurred in carrying out the provisions of such trust agreement or
resolution may be treated as a part of the cost of the operation of the turn-
pike project or portion thereof. Any such pledge of .tolls or other revenues
or other moneys made by the Authority shall be valid and binding 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 agreement by which a pledge
is created need be filed or recorded except in the records of the Authority.

§ 33-255.53. Revenues.—The Authority is hereby authorized to fix,
revise, charge and collect tolls for the use of so much of the turnpike project
and the different parts or sections thereof, as deemed feasible by the Au-
thority, and to contract with any person, partnership, association or cor-
poration desiring the use of any part thereof, including the right of way ad-
joining the paved portion, for placing therein telephone, telegraph, electric
light or power lines, and minimum automotive service facilities, and to fix
the terms, conditions, rents and rates of charges for such use. Such tolls
shall be so fixed and adjusted as to carry out and perform the terms and
provisions of any contract with or for the benefit of bondholders. Such
tolls shall not be subject to supervision or regulation by any commission,
board, bureau or agency of the Commonwealth or of any municipality,
county or other political subdivision of the Commonwealth. The use and
disposition of tolls and all other revenues shall be subject to the provisions
of the resolution authorizing the issuance of such bonds or of the trust
agreement securing the same.

§ 38-255.54. Trust funds.—All moneys received pursuant to the pro-
visions 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. The Authority shall, in the resolution authorizing
the bonds or in the trust agreement securing such bonds, provide for the
payment of the proceeds of the sale of the bonds and the revenues to be re-
ceived to a trustee, which shall be any trust company or bank having the
powers of a trust company within or without the Commonwealth, who shall
act as trustee of the funds, and hold and apply the same to the purposes of
this article, subject to such regulations as this article and such resolution or
trust agreement may provide. The trustee may invest and reinvest such
funds pending their need for the construction of the project in securities
that are legal investments under the laws of the Commonwealth for funds
held by fiduciaries.
§ 33-255.55. 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 agreement or resolution, except to the extent of the rights herein
given, may be restricted by such trust agreement or resolution, 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 agreement or the reso-
lution authorizing the issuance of such bonds, notes or certificates and may
enforce and compel the performance of all duties required by this article or
by such agreement or resolution to be performed by the Authority or by any
officer or agent thereof, including the fixing, charging and collection of tolls.

§ 33-255.56. Exemption from taxation.—The exercise of the powers
granted by this article shall be in all respects for the benefit of the inhabi-
tants 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 Au-
thority shall not be required to pay any taxes or assessments upon the
project or any property acquired or used by the Authority under the pro-
visions of this article or upon the incomes therefrom; 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 taxa-
tion by the Commonwealth and by any municipality, county or other
political subdivision thereof.

§ 33-255.57. Bonds eligible for investment.—Bonds issued by the
Authority under the provisions of this article are hereby made securities
in which all public officers and public bodies of the Commonwealth and
its political subdivisions, all insurance companies, trust companies, banks,
banking associations, investment companies, executors, administrators,
trustees and other fiduciaries may properly and legally invest funds, in-
cluding capital in their control or belonging to them. Such bonds are
hereby made securities which may properly and legally be deposited with
and received by any state or municipal officer or any agency or political
subdivision of the Commonwealth for any purpose for which the deposit
of bonds or obligations is now or may hereafter be authorized by law.

§ 33-255.58. Turnpike revenue refunding bonds.—The Authority is
hereby authorized to provide for the issuance of turnpike revenue refund-
ing 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 and approved by the State
Highway Commission, for the additional purpose of constructing improve-
ments to the turnpike project or the portion thereof in connection with
which the bonds to be refunded shall have been issued. The Authority is
further authorized to provide by resolution for the issuance of its turnpike
revenue bonds for the combined purpose of (a) 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 (b) paying all or any part of the cost of any remaining portion of the
turnpike project which shall not have theretofore been financed. 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 article in so far as the same may be applicable.

§ 33-255.59. Negotiable instruments.—Notwithstanding any of the
foregoing provisions of this article or any recitals in any bonds issued
under the provisions of this article, all such bonds shall be deemed to be
negotiable instruments under the laws of this Commonwealth.

§ 33-255.60. Transfer to Commonwealth.—_(a) When all bonds issued
under the provisions of this article and the interest thereon have been
paid or a sufficient amount for the payment of all such bonds and the
interest to the maturity thereof have been set aside in trust for the benefit
of the bondholders, the project shall become a part of the State highway
system, if then in good condition and state of repair acceptable to the
State Highway Commission, and shal] thereafter be operated and main-
tained as a controlled access express highway or superhighway by the
Commission, or its successor agency, free of tolls.

(b) When the project has become a part of the State highway system
and any money held for the payment of the principal of or interest on any
bonds issued by the Authority is not claimed within two years from the
day the principal of such bonds is due, such money shall be paid into the
treasury of the Commonwealth. No interest shall accrue on such principal
or interest from the day the same is due. The Comptroller shall keep an
account of all money thus paid into the treasury and it shall be paid to
the individual, copartnership, association or corporation entitled thereto
upon satisfactory proof that such individual, copartnership, association or
corporation is so entitled to such money. If the claim so presented is
rejected by the Comptroller, the claimant may proceed for its recovery in
the circuit court of the city of Richmond by petition. The Comptroller
shall be the defendant in such proceedings and shall file an answer stating
his objections to the claim. The court may cause a jury to be impaneled
to ascertain any facts which are disputed and shall render such judgment
as the law and the evidence may require. An appeal from the judgment
of the court shall lie to the Supreme Court of Appeals as in actions at law
and all laws and rules relating to practice and procedure in action at law
shall apply thereto. No such petition shall be presented or filed after
ten years from the day the principal of or interest on such bonds is due;
provided, if the individual having such claim is an infant or insane person
or is imprisoned at such due date, such petition may be presented or filed
within five years after the removal of such disability, notwithstanding the
fact that such ten year period shall have expired.

§ 33-255.61. Competing turnpikes and toll roads.—So long as any
bonds issued under the provisions of this article are outstanding, no
express highway or superhighway, competing with the project, and
located within a distance of twenty-five miles of any part of project, shall
be constructed by the Commonwealth, nor shall the Commonwealth consent
to the construction of any such highway; provided, however, the Com-
monwealth may construct or consent to the construction of an express
highway or superhighway within such distance, if (1) the State Highway
Commission shall recommend the same and if independent consulting
engineers, selected by the Commission with the approval of the Authority,
having a nation-wide and favorable repute in estimating traffic using such
projects, shall determine that the construction of such highway will not
result in a substantial reduction in the volume of traffic over the project,
or (2) funds shall have been provided for the payment in full of all such
outstanding bonds, the interest payable thereon and the premium, if any,
payable on the redemption of any such bonds. The provisions of this
section shall not be construed to apply to the construction of any new

ridge.
§ 33-255.63. Miscellaneous.—(a) The project, when constructed and
opened to traffic, shall be maintained and kept in good condition and repair
by the Authority, and shall be operated by such tolltakers and other
operating employees as the Authority may employ. There is hereby con-
ferred upon the Authority power to police the project and the Authority is
authorized to exercise such power either by the employment of such force
of police as it may deem necessary or by arranging for the policing of the
project by such number of officers of the Department of State Police as
may be mutually agreed upon from time to time by the Superintendent of
State Police and the Authority. Such officers shall be under the exclusive
control and direction of the Superintendent of State Police and shall be
responsible to him exclusively, for the performance of their duties and the
exercise of their powers. The Authority shall reimburse the Common-
wealth at such time or times as shall be required by the Superintendent the
compensation paid to such officers by the Commonwealth, and other costs
and expenses incurred in performing such functions, which shall constitute
a part of the cost of maintaining and operating the project. The money
so reimbursed shall be used by the Department of State Police, without
other appropriations, for the purpose of offsetting expenses so incurred.
Such officers 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 rules and regulations made in accordance therewith, within the
limits of the right of way of the project, and all rules and regulations
established by the Authority pursuant to paragraph (e) of § 33-255.49, of
this article, and such officers shall have all the rights and duties of police
officers as provided by the general laws of the Commonwealth within the
limits of such right of way and such areas. The violation of any such rule
or regulation shall be punishable as follows: If such a violation would have
been a violation of law if committed on any public road, street or highway
in the county, city or town in which such violation occurred, it shall be
punishable in the same manner as if it had been committed on such public
road, street or highway; otherwise it shall be punishable as a misdemeanor.
All other police officers of the Commonwealth and of each political sub-
division of the Commonwealth through which the project extends shall
have the same powers and jurisdiction within the limits of such right of
way and areas as they have beyond such limits and shall have access to
the project, right of way and areas at any and all times without inter-
ference for the purpose of exercising such powers and jurisdiction. For
the purpose of enforcing such laws, rules and regulations the court or
courts having jurisdiction for the trial of criminal offenses of the political
subdivision within whose boundaries any crime is committed shall have
jurisdiction to try any person charged with the commission of any such
laws, rules and regulations within such boundaries. ]

(b) All actions at law and suits in equity and other proceedings,
actions and suits against the Authority, or any other person, firm or corpo-
ration, growing out of the construction, maintenance, repair, operation and
use of the project, or growing out of any other circumstances, events or
causes in connection therewith, shall be brought and conducted in the court
or courts having jurisdiction of such actions, suits and proceedings in the
political subdivisions within whose boundaries the causes of such actions,
suits and proceedings arise, and jurisdiction is hereby conferred on such
court or courts for the purpose. All such actions, suits and proceedings on
behalf of the Authority shall be brought and conducted in the circuit court
of the city of Richmond, except as herein otherwise provided, and exclusive
jurisdiction is hereby conferred on such court for the purpose. 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 the political subdivision within whose boundaries the land
or other property to be so acquired or the major portion thereof is situated,
and jurisdiction is hereby conferred on such courts for such purpose.

(c) 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.

(d) On or before the thirtieth day of January in each year, the Au-
thority shall make an annual report of its activities for the preceding
calendar year to the Governor, the General Assembly and the political sub-
divisions through which the project is constructed. Each such report shall
set forth a complete operating and financial statement covering the Author-
ity’s operations during the year, including the classes of employees and the
compensation paid to them. 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
construction and operation of the project.

(e) The records, books and accounts of the Authority shall be subject
to examination and inspection by duly authorized representatives of the
Governor, the State Highway Commission, the governing bodies of the
political subdivisions through which the project is constructed and any
bondholder or bondholders at any reasonable time, provided the business
of the Authority is not unduly interrupted or interfered with thereby.

(f) Any member, agent or employee of the Authority who contracts
with 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 shall be
subject to a fine of not more than one thousand dollars or by imprison-
ment in jail for not more than one year, either or both. Exclusive juris-
diction for the trial of such misdemeanors is hereby conferred upon the
Hustings Court of the City of Richmond.

§ 33-255.64. Construction—Inconsistent Laws.—This article, being
necessary for the promotion of public safety, welfare, health, convenience
and prosperity of the inhabitants of the Commonwealth, shall be liberally
construed to effectuate the purposes hereof, and the foregoing sections
of this article shall be deemed to provide an additional and alternative
method for the doings of the thing authorized thereby, and shall be re-
garded as supplemental and additional to powers conferred by other laws;
provided, however, that the issuance of turnpike revenue bonds or turnpike
revenue refunding bonds under the provisions of this article need not
comply with the requirements of any other law applicable to the issuance
of bonds, and except as otherwise expressly provided in this article, none
of the powers granted to the Authority under the provisions of this article
shall be subject to the supervision or regulation or require the approval
or consent of any municipality or other political subdivision or any com-
mission, board, bureau, official or agency thereof or of the Common-
wealth.

§ 33-255.65. Constitutional construction.—The provisions of this
article are severable, and if any of its provisions shall be held uncon-
stitutional by any court of competent jurisdiction, the decision of such
court shall not affect or impair any of the other provisions of this article.

§ 33-255.66. Inconsistent laws inapplicable.—All other general or
special laws, including the provisions of charters of cities and towns, in-
consistent with any provision of this article are hereby declared to be
inapplicable to the provisons of this article.