CHAPTER 158

AN ACT to amend and reenact §§ 88-228, as amended, and 88-245 and
88-252, of the Code of Virginia, relating to definition of terms under
State Revenue Bond Act, tolls, and incidental powers of the State
Highway Commission.

[H 849]

Approved February 27, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 33-228, as amended, and 33-245 and 33-252 of the Code of
Virginia be amended and reenacted as follows:

83-228. As used in this article, the following words and terms
shall have the following meanings:

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

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

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

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

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

(d) James River Bridge, extending from or near the city of Hopewell
across the James River to a point in Charles City county; ;

(e) James River Bridge, extending from Glasshouse Point, north of
Jamestown, in James City county, across the James River to a point at or
near * Swann’s Point, in Surry county; . ; .

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

(g) Old Point Ferry, operating from Old Point, in Elizabeth City
county, across Hampton Roads to Willoughby, in the city of Norfolk;

(h) James River, Chuckatuck and Nansemond River Bridges, to-
gether with necessary connecting roads, in the city of Warwick and the
counties of * Isle of Wight and Nansemond ;

. (i) Newport News Ferry, operating across Hampton Roads, from
the city of Newport News to Pine Beach, in the city of Norfolk;

(j) Hampton Roads Bridge, Tunnel, or Bridge and Tunnel System,
extending from a point or points in the * cities of Newport News, *
Hampton, or Warwick on the northwest shore ef Hampton Roads across
Hampton Roads to a point or points in the city of Norfolk or in the county
of Norfolk on the southeast shore of Hampton Roads.

And shall be deemed to include all property, rights, easements and
franchises relating to any of the foregoing projects and deemed necessary
or convenient for the operation thereof and to include approaches thereto.

(3) The word “undertaking” shal] mean all of the projects author-
ized to be acquired or constructed under this article.

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

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

(6) The term “cost of project’, as applied to a project to be con-
structed, shall embrace the cost of construction, the cost of all lands,
properties, rights, easements and franchises acquired, which are deemed
necessary for such construction, the cost of acquiring by purchase or
condemnation any ferry which is deemed by the Commission to be com-
CH. 158] ACTS OF ASSEMBLY 161

petitive with any bridge to be constructed, the cost of all machinery and
equipment, financing charges, interest prior to and during construction
and for one year after completion of construction, cost of traffic estimates
and of engineering data, engineering and legal expenses, cost of plans,
specifications and surveys, estimates of cost and of revenues, other ex-
penses necessary or incident to determining the feasibility or practicability
of the enterprise, administrative expense and such other expenses as may
be necessary or incident to the financing herein authorized, the construc-
tion of the project, the placing of the project in operation and the con-
demnation of property necessary for such construction and operation.

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

§ 33-245. The Commission shall fix and revise from time to time as
may be necessary tolls for the use of each project or projects on account
of which bonds are issued under the provisions of this article and shall
charge and collect the same and may contract with any person, partner-
ship, association or corporation desiring the use of such project or
projects, approaches and appurtenances, and any part thereof, for placing
thereon water, gas, oil pipe lines, telephone, telegraph, electric light or
power lines, or for any other purpose, and may fix the terms, conditions
and rates and charges for such use. Such tolls shall be so fixed and
adjusted, in respect of the aggregate of tolls from the project or projects
on account of which a single issue of bonds is issued under this article,
as to provide a fund sufficient with other revenues of such project or
projects, if any, to pay (a) the cost of maintaining, repairing and operat-
ing such project or projects unless such cost shall be otherwise provided
for and (b) such bonds and the interest thereon as the same shall become
due. Such tolls shall not be subject to supervision or regulation by any
other State commission, board, bureau or agency. Notwithstanding § 88-11
and § 22-277, Code of Virginia of 1950, as amended, it shall be unlawful
for the State Highway Department or any employee thereof to give or
permit free passage over any project set forth in subsection (2) of
§ $8-228, which has been secured through the issuance of revenue bonds
and which bonds are payable from the revenues of such project. Every
vehicle and person shall pay the same toll as others similarly situated. The
provisions hereof shall apply with full force and effect to vehicles and
employees of the State Government, governments of counties, cities and
towns or other political subdivisions, and to vehicles and persons of all
other categories and descriptions, public, private, eleemosynary or other-
wise. There shall be excepted from the provisions of this section vehicles
and persons in the employ of the State Department of Highways when
actually engaged in the performance of their duties as such, and per-
sonnel and vehicles of the Virginia State Police and employees and
vehicles of the Division of Motor Vehicles when actually engaged in the
performance of their duties as such, and fire-fighting equipment and
ambulances owned by a political subdivision or a non-profit association
or corporation, including passengers therein and operators thereof, when
engaged in the performance of their official duties.

§ 38-252. The Commission may make and enter into all contracts
or agreements necessary or incidental to the execution of its powers
under this article and may employ engineering, architectural and con-
struction experts and inspectors, brokers and such other employees as
may be deemed necessary, who shall be paid such compensation as may be
provided in accordance with law. All such compensation and all expenses
incurred in carrying out the provisions of this article shall be paid solely
from funds provided under the authority of this article and no liability
or obligation shall be incurred hereunder beyond the extent to which
money shall have been provided under the authority of this article. The
commission may exercise any powers which are necessary or convenient
for the execution of its powers under this article.

The Commission shall maintain and keep in good condition and repatr,
or cause to be maintained and kept in good condition and repair, the
projects authorized under this article, when acquired or constructed and
opened to traffic, including any project or part thereof that may include
portions of existing streets or roads within a county, municipality or
other political subdivision.

The Commission is authorized and empowered to establish rules and
regulations for the use of any one or more of the projects defined in § 83-228,
Code of Virginia of 1950, as amended, including reasonable rules and
regulations relating to (a) maximum and minimum speed limits applic-
able to motor vehicles using such project, any other provision of law to
the contrary notwithstanding; (b) the types, kinds and sizes of ve-
hicles which may use such projects; (c) the nature, size, type of materials
or substances which shall not be transported over such project, and (d)
such other matters as may be necessary or expedient in the interest of
public safety with respect to the use of such project; provided, however,
that as to project (j) authorized under the terms of this act, the provi-
sions of (a), (b), (c) and (d) of this paragraph shall not apply to exist-
ing streets within a municipality and embraced within said project, except
as may be otherwise agreed upon by the Commission and the municipality.

The projects acquired or constructed under this article may be policed
in whole or in part by officers of the Department of State Police even
though all or some portions of any such projects lie within the corporate
limits of a municipality or other political subdivision. Such officers shall
be under the exclusive control and direction of the Superintendent of State
Police, and shall be responsible for the preservation of public peace, pre-
vention of crime, apprehension of criminals, protection of the rights of
persons and property, and enforcement of the laws of the Commonwealth,
and rules and regulations enacted pursuant thereto, within the limits of
any such projects. All other police officers of the Commonwealth and of
each county, city, town or other political subdivision of the Common-
wealth through which any project, or portion thereof, extends shall have
the same powers and jurisdiction within the limits of such projects as
they have beyond such limits and shall have access to the projects at any
time for the purpose of exercising such powers and jurisdiction.

The Commission shall reimburse the Commonwealth 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, and the moneys so reimbursed
shall be used by the Department of State Police without other appropri-
ation for the purpose of offsetting the expenses so incurred. Such ex-
penses shall constitute a part of the cost of maintaining and operating
the project on account of which such expenses shall be incurred.

The violation of any rule or regulation adopted by the Commission
pursuant to the authority hereby granted shall be punishable as follows:
If such 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.

The powers and duties of the Commission hereinabove enumerated in
this article shall not be construed as a limitation of the general powers
or duties of the Comission. The Commission, in addition to the powers and
duties enumerated in this article, shall do and perform any and all things
CHS. 158, 159, 160,161] | ACTS OF ASSEMBLY 163

and acts necessary in the construction or acquisition, maintenance and
operation of any project to be constructed or acquired under the pro-
visions of this article, to the end that such project or projects may become
and be operated free of tolls as early as possible and practicable, subject
only to the express limitations of this article and the limitations of other
laws and constitutional provisions applicable thereto. .
2. An emergency exists, and this act is in force from the date of its
passage.