CHAPTER 705

An Act to amend the Code of Virginia by adding in Title 83 an Article
numbered 11, containing sections numbered 88-255.24 through
83-255.44, 80 as to facilitate the movement of vehicular traffic in the
Commonwealth of Virginia by providing for the construction, mainte-
nance, repair and operation of a turnpike project from a point or
points not exceeding five miles north of the corporate limits of the
City of Richmond to a point or points not exceeding five miles south of
the corporate limits of the City of Petersburg through the Cites
of Richmond and Petersburg; creating a political subdivision of the
Commonwealth to be known as the Richmond-Petersburg Turnmke
Authority and defining its powers and duties; granting to the au-
thority 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 the interest thereon and the cost of
maintenance, repair 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.

[H 476]

Approved April 8, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Title 33 an article
numbered 11, containing sections numbered 33-255.24 through 33-255.44

as follows:
ARTICLE 11
THE RICHMOND-PETERSBURG TURNPIKE AUTHORITY

§ 83-255.24. 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 Richmond-Petersburg
Turnpike Authority created by § 33-255.27 of this article, or, if the
Authority shall be abolished, the board, body, commission or agency suc-
ceeding 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 from a point or
points not exceeding five miles north of the corporate limits of the City of
Richmond to a point or points not exceeding five miles south of the corpo-
rate limits of the City of Petersburg through the cities of Richmond and
Petersburg, and embodying such safety devices as grade separation at
intersections with other highways and railroads, long-sight distances,
ample shoulder widths and, if and to the extent deemed feasible by the
Authority, center division and multiple lanes in each direction, and
including all bridges, tunnels, overpasses, underpasses, at least one inter-
change in each political subdivision through which such highway will
extend and at least three interchanges in the County of Chesterfield, en-
trance plazas, approaches, approach roads, toll houses, and administra-
tion, storage and other buildings and facilities which the Authority may
deem necessary for the operation of the project, together with all prop-
erty, rights, easements, and interests which may be acquired by the
Authority for the construction or the operation of the project; but shall
not be construed to mean or include any extension of such express high-
way or superhighway or any other controlled access express highway
or superhighway; provided, however, if the project is so designed that
it shall cross or otherwise connect with United States Highway, Route
Number One, as presently located, north of the City of Richmond, it
shall not cross or connect at a point more distant than three-fourths of
one mile north of the north corporate limits of such city.

(c) The word “cost” as applied to the turnpike project shall embrace
the cost of construction, landscaping and conservation, the cost ot the
acquisition of all land, rights of way, property, rights, easements and in-
terests 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 ma-
chinery 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 esti-
mates and of engineering and legal services, plans, specifications, surveys,
estimates of cost and of revenues, other expenses necessary or incident
to determining the feasibility or practicability of constructing the project,
administrative expenses, and such other expense as may be necessary or
incident to the construction of the project, the financing of such construc-
tion and the placing of the project in operation. Any obligation or ex-
pense incurred 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 re-
garded as a part of the cost of such project and shall be reimbursed to
the State Highway Commission out of the proceeds of the turnpike reve-
nue 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 § 33-255.39 of this
article, so as to give preference to through traffic by providing access
connections with selected public roads only and by prohibiting crossings
at grade or direct private driveway connections.

§ 33-255.25. Turnpike project.—In order to facilitate vehicular traf-
fic, remove many of the present handicaps and hazards on the congested
highways in the Commonwealth, and promote the agricultural and indus-
trial development of the Commonwealth, The Richmond-Petersburg Turn-
pike Authority (hereinafter created) is hereby authorized and empowered
to construct, maintain, repair and operate the turnpike project (herein-
before defined), and to issue revenue bonds of the Authority, payable
solely from revenues, to finance such project.

§ 33-255.26. 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 po-
litical subdivision thereof or a pledge of the faith and credit of the Com-
monwealth 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.

] 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 moneys shall have been provided
under the provisions of this article.

33-255.27. The Richmond-Petersburg Turnpike Authority.—There
is hereby created and constituted a political subdivision of the Common-
wealth to be known as “The Richmond-Petersburg Turnpike Authority’’.
The exercise by the Authority of the powers conferred by this article in
the construction, operation and maintenance of the turnpike project au-
thorized 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 seven members, each of whom shall be appointed by the Governor.
One member shall be a resident of the County of Dinwiddie, one member
shall be a resident of the City of Petersburg, one member shall be a
resident of the City of Colonial Heights, one member shall be a resident
of the County of Chesterfield, one member shall be a resident of the City
of Richmond, one member shall be a resident of the County of Henrico,
and one member shall be a resident of the State at large who, unless a
member of the State Highway Commission, shall reside in a political sub-
division other than the Cities of Richmond, Colonial Heights or Peters-
burg, or the Counties of Henrico, Chesterfield or Dinwiddie. Two of the
first members of the board appointed by the Governor shall be appointed
for terms of one year, two for terms of two years, two for terms of three
years, and one for a term of four years from the date of their appoint-
ment; and thereafter the members of the board shall be appointed for
terms of four years. Vacancies in the membership of the board shall
be filled by appointment of the Governor for the unexpired portion of the
term. 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 juris-
diction of all proceedings for such removal. Immediately after such ap-
pointment, the directors shall enter upon the performance of their duties.
The board shall annually elect one of its members as chairman and an-
other 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 meet-
ings of the board. In the absence of both the chairman and vice-chair-
man, the board shall appoint a chairman pro tempore, who shall preside
at such meetings. Four directors shall constitute a quorum for the trans-
action 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 reimbursement for their expenses incurred in attend-
ance upon the meetings 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 ex-
penses and compensation shall be paid out of the treasury of the Au-
thority 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.

§ 33-255.28. General grant of powers.—The Authority is hereby
authorized and empowered:

(a) To determine the location, subject to the approval of the State
Highway Commission, of the turnpike project, to determine, in its dis-
cretion 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, maintain, repair 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
Authority, 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 state-
ment to the effect that neither the Commonwealth, the Authority nor
any county, municipality or other political subdivision of the Common-
wealth 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 sub-
division 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,
including 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
jurisdiction to authorize or regulate the operation of such carriers, (3)
the nature, size, type of materials or substances which shall not be trans-
ported over the project, and (4) such other matters as may he necessary
or expedient 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;

(zg) 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 as may be necessary or desirable in the
judgment of the Authority to insure the proper operation and mainte-
nance 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 desig-
nated by the Authority or by the Commonwealth and the cities through
which it extends under the provisions of § 33-255.39 of this article.

(h) 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;

(i) To employ, in its discretion, consulting engineers, attorneys,
accountants, construction and financial experts, superintendents, man-
agers, and such other employees and agents as may be necessary in its
judgment, and to fix their compensation ;

(j) To receive and accept from any federal agency grants for or in
aid of the construction of the project, and to receive and accept from
the Commonwealth, from any municipality, county or other political sub-
division thereof and from any other source aid or contributions 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 ascer-
tained and paid by the Authority as a part of the cost of the project;

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 appli-
ance of the Commonwealth or of any county, municipality or other
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 vacation 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
Authority may deem necessary or convenient for its purposes, and such
entry shall not be deemed a trespass, nor shall an entry for such pur-
poses 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, relocation and removal of pipes,
mains, sewers, conduits, cables, wires, towers, poles and other equip-
ment and appliances herein called “public utility facilities”, of the
Commonwealth and of any municipality, county, or other political sub-
division 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
municipality, county, 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
municipality, county, political subdivision, public utility or public service
corporation may maintain and operate such public utility facilities with
the necessary appurtenances, in the new location or locations for as long
a period and upon the same terms and conditions as it had the right
to maintain and operate such public utility facilities 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; provided, however, that
nothing in this article shall be construed to empower the Authority to
engage in the business of operating, or the leasing for operation, restau-
rants, motels, service stations, markets or other business enterprises not
related to upkeep, maintenance and the promotion of the safety of the
project.

§ 33-255.29. 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, prop-
erty, 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 reasonable and can be agreed upon between it and the owner thereof.

All counties, cities, towns and other 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 counties, cities, towns, 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
convenient to the effectuation of the authorized purposes of the Author-
ity, including public highways and other real property already devoted to
public use.

(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 munic-
ipality, county or other political subdivision, deemed necessary or con-
venient for the construction or the efficient operation of the project or
necessary in the restoration, replacement or relocation of public or pri-
vate property damaged or destroyed, whenever a reasonable price cannot
be agreed upon with the governing body of such municipality, county
or other political subdivision as to such property owned by it, or when-
ever 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 accordance 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 provisions of § 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 proceed-
ings are originated, of the total amount of the appraised price of the
property and court costs and fees as provided by said laws, notwithstand-
ing that any of the parties to such proceedings shall appeal from such
appraisement. Whenever the Authority shall make such deposit in con-
nection with any condemnation proceeding, the making of such deposit
shall not preclude the Authority from appealing any decision rendered in
such proceedings. 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 exer-
cise 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 Com-
monwealth or upon any municipality, county or other 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 rail-
road the exercise of the power of eminent domain with respect to the
property, right of way, facilities, works or appurtenances upon or adja-
cent to which such tracks are located, shall be limited to the acquisition
only of an easement 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 railroad. Prior to the exercise of the power
of eminent domain for such easement, plans and specification of the
project showing compliance with such requirements and showing suffi-
cient and safe plahs and specifications of such overhead or underground
structure and appurtenances shall be submitted to the railroad for exami-
nation and approval. If the railroad fails or refuses within thirty days
to approve the plans and specifications so submitted, the matter shall be
submitted by the Authority to the State Corporation Commission, 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 rail-
road or the State Corporation Commission shall be filed as an exhibit
upon the institution of any proceedings brought in the exercise of the
power of eminent domain.

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

§ 33-255.30. Turnpike revenue bonds.—The Authority is hereby
authorized 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 paying 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 redeem-
able 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 Author-
ity 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 shall
be signed by the Chairman of the Authority or shall bear his facsimile
signature, and the official 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 sufficient 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, 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
authorizing 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
payment 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 portion 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 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 proceedings or the happening of any other conditions or things
than those proceedings, conditions or things which are specifically required
by this article.

§ 33-255.31. 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. Such trust agreement or
the resolution providing for the issuance of such bonds may pledge or
assign the tolls and other revenues to be received, 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 enforcing 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, improvement, main-
tenance, repair, 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 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 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 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 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 agreement or resolution may be treated as a part of the cost of the
operation of the turnpike project or portion thereof.

§ 33-255.32. Revenues.—The Authority is hereby authorized to fix,
revise, charge and collect tolls for the use of the turnpike project and the
different parts or sections thereof, and to contract with any person, part-
nership, association or corporation desiring the use of any part thereof,
including the right of way adjoining the paved portion, for placing therein
telephone, telegraph, electric light or power lines, and to fix the terms,
conditions, rents and rates of charges for such use. Such tolls shall be so
fixed and adjusted in respect of the aggregate of tolls from the turnpike
project or the portion or portions thereof in connection with which bonds
shall have been issued under the provisions of this article as to provide
a fund sufficient with other revenues, if any, to pay (a) the cost of
maintaining, repairing and operating such turnpike project or portion
or portions and (b) the principal of and interest on such bonds as
the same shall become due and payable, and to create reserves for such
purposes. 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 Com-
monwealth. The tolls and all other revenues derived from the turn-
pike project or portion or portions in connection with which such
bonds shall have been issued, except such part thereof as may be neces-
sary to pay such 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 agreement securing
the same, shall be set aside at such regular intervals as may be provided
in such resolution or such trust agreement in a sinking fund which is
hereby pledged to, and charged with, the payment of the principal of and
the interest on such bonds as the same shall become due, and the redemp-
tion price or the purchase price of 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 and other revenues or other moneys 80
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 other-
wise 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. The use and disposition of moneys 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 agreement. Except as may other-
wise be provided in such resolution or such trust agreement, such sinking
fund shall be a fund for all such bonds without distinction or priority of
one over another.

§ 33-255.33. 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 author-
izing 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 received 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.

§ 33-255.34. 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, except to the extent of the rights herein given, may
restricted by such trust agreement, may either at law or in equity, by
suit, action, injunction, mandamus or other proceedings, protect and
enforce any and all rights under the laws of the Commonwealth or granted
by this article or under such trust agreement or the resolution 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.

§ 33-255.85. Exemption from taxation.—The exercise of the powers
granted by this article shall be in all respects for the benefit of the
inhabitants 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 func-
tions, the Authority shall not be required to pay any taxes or assessments
upon the project or any property acquired or used by the Authority under
the provisions of this article or upon the income therefrom; and the bonds,
notes, certificates or other evidences of borrowing issued under the pro-
visions 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 any municipality, county or
other political subdivision thereof.

83-255.36. 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.

§ 33-255.87. Turnpike revenue refunding bonds.—The Authority is
hereby authorized to provide for the issuance of turnpike revenue re-
funding 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
improvements to the turnpike project or the portion thereof in connection
with which the bonds to be refunded shall have been issued. The Au-
thority 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 shal] 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.

§ 33-255.88. 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.

§ 83-255.89. Transfer to Commonwealth and cities—(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, such portion of the project as is situated
beyond the corporate limits of any city 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 shall thereafter be operated and
maintained as a controlled access express highway or superhighway by
the Commission, or its successor agency, free of tolls; and such portion
of the project as is situated within the corporate limits of any city shall
become a part of the street system of such city, if then in good condition
and state of repair acceptable to the governing body of such city, and
shall thereafter be operated and maintained as a controlled access express.
highway or superhighway by such city free of tolls.

(b) When the project has become a part of the state highway system
and a part of the street system of any city, 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 prin-
cipal 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 there-
to upon satisfactory proof that such individual, copartnership, associa-
tion 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 Comp-
troller shall be the defendant in such proceeding and shall file an answer
stating his objections to the claim. The court may cause a jury to be im-

aneled 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
actions 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.

§ 33-255.40. Competing turnpikes and toll roads.—So long as any
bonds issued under the provisions of this article are outstanding, no
limited access express highway or superhighway, competing with the
project, and located within a distance of twenty-five miles of any part of
the project, shall be constructed by the Commonwealth, nor shall the
Commonwealth consent to the construction of any such highway; pro-
vided, however, the Commonwealth may construct or consent to the con-
struction 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 construc-
tion 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 bridge.

§ 33-255.41. 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. The project
shall be policed by such number of officers of the Department of State
Police as shall be mutually agreed to from time to time by the Superin-
tendent 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 Com-
monwealth at such time or times as shall be required by the Superinten-
dent the compensation paid to such officers by the Commonwealth and
other costs and expenses incurred in performing such functions, and the
monies so reimbursed shall be used by the Department of State Police
without other appropriation for the purpose of offsetting the expenses so
incurred. Such expenses shall constitute a part of the cost of maintaining
and operating the project. 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 enforce-
ment 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 § 338-255.28 of this article, and such
officers shall have all the rights and duties of police officers as pro-
vided 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 punish-
able as a misdemeanor. All other police officers of the Commonwealth
and of each county, city, town or other political subdivision 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 interference 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 municipality, county
or other political subdivision within whose boundaries any crime is com-
mitted shall have jurisdiction to try any person charged with the viola-
tion 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
corporation, growing out of the construction, maintenance, repair, opera-
tion 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 pro-
ceedings in the municipalities, counties or other political subdivisions
within whose boundaries the causes of such actions, suits and proceed-
ings 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 municipality, county or other 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
Authority shall make an annual report of its activities for the preceding
calendar year to the Governor, the General Assembly and the municipali-

ties, counties and other political subdivisions through which the project
is constructed. Each such report shall set forth a complete operating
and financial statement covering the Authority’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 sub-
ject to examination and inspection by duly authorized representatives
of the Governor, the State Highway Commission, the governing bodies of
the municipalities, counties or other 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.

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.

§ 33-255.42. 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 doing of the things authorized thereby, and shall be
regarded 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 commission, board, bureau, official or agency thereof or of the
Commonwealth.

§ 33-255.43. Constitutional construction—The provisions of this
article are severable, and if any of its provisions shall be held unconsti-
tutional by any court of competent jurisdiction, the decision of such court
shall not affect or impair any of the other provisions of this article.

§ 83-255.44. Inconsistent laws inapplicable—AlIl other general or
special laws, including the provisions of charters of cities and towns,
inconsistent with any provision of this article are hereby declared to be
inapplicable to the provisions of this article.