CHAPTER 3

AN ACT to provide for the creation of the Nansemond County Industrial
and Port Authority; to provide for the composition, government,
powers, duties and liabilities thereof and other matters pertaining
thereto; and to provide for the issuance of certain bonds thereby, and
the terms and conditions of such issuance. S 49)

[

Approved February 10, 1960

Be it enacted by the General Assembly of Virginia:

1. § 1. There may be created, in the manner hereinafter set forth, a
political subdivision of the Commonwealth, with such public and cor-
porate powers as are granted in this act, to be known as the Nansemond
County Industrial and Port Authority, hereinafter called the Authority.

§ 2. The Authority may be created by ordinance duly adopted by the
governing body of Nansemond County.

§ 3. The Authority shall be governed by a commission composed of
five commissioners, appointed by the governing body of Nansemond
County. All powers and duties of the Authority shall be exercised and
performed by the commission.

§ 4. The five commissioners shall be appointed initially for terms of
one, two, three, four and five years; subsequent appointments shall be
for terms of four years, except appointments to fill vacancies which
shall be for the unexpired terms. Each commissioner shall before entering
on his duties take and subscribe the oath prescribed by § 49-1 of the Code
of Virginia.

§ 5. The commissioners shall elect from their membership a chairman
and vice chairman, and from their membership or not, as they desire, a
secretary and a treasurer or secretary-treasurer. The commissioners
shall receive no salary but shall be reimbursed for necessary traveling and
other expenses incurred in the performance of their duties. The com-
mission shall keep detailed minutes of its proceedings, which shall be open
to public inspection at all times. It shall keep suitable records of all its
financial transactions and shall arrange to have the same audited an-
nually. Copies of each such audit shall be furnished to the governing body
of Nansemond County and shall be open to public inspection.

§ 6. The Authority shall have the following powers:

(a) To contract and be contracted with; to sue and to be sued; and to
adopt and use a corporate seal, and to alter the same at pleasure;

(b) To acquire, hold and dispose of personal property necessary for
its purposes;

(c) To acquire by purchase or lease, real property, or rights, ease-
ments or estates therein necessary for its purposes; and to sell, lease and
dispose of the same, or any portion thereof or interest therein;

(d) To acquire, lease, construct, maintain and operate, landings,
wharves, docks and piers, and the approaches to and appurtenances thereof,
tracks, spurs, crossings, switchings, terminals, warehouses and terminal
facilities of every kind and description necessary or useful in the trans-
portation and storage of goods, wares and merchandise, to perform any
and all services at said facilities in connection with the receipt, delivery,
shipment and transfer in transit, weighing, marking, tagging, ventilating,
fumigating, refrigerating, icing, storing and handling of goods, wares, and
merchandise, to prescribe and collect charges from vessels coming into
or using any landings, wharves, docks and piers, operated and maintained
by the Authority and from persons using any of its other facilities, and
to lease any and all of such facilities or any concessions properly incident
thereto for the maintenance and operation of any or all thereof on such
terms and conditions as it may deem proper.

(e) To maintain and operate a free port under such terms and con-
ditions as may be prescribed by law. ;

(f) To construct for sale or lease, on such terms and conditions as
it may deem proper, factories or manufacturing facilities of any kind and
description and approaches to and appurtenances thereof.

(g) To fix and charge tolls, fees and any other charges for the use of,
or for services rendered by, any of the facilities it is authorized hereunder
to maintain and operate.

(h) To employ a director and such other agents and employees as may
be necessary, to serve at the pleasure of the commission, and to fix their
compensation and prescribe their duties.

(i) To do all other acts and things which may be reasonably neces-
sary and convenient to carry out its purposes and powers.

§ 7. In selling, disposing of or leasing for a period of more than one
year any of the facilities owned by the Authority, bids therefore shall be
first advertised for by publication in one or more newspapers of general
circulation published within the geographical boundaries of Nansemond
County for at least five consecutive days. The Authority shall have the
right to reject any and all bids.

§ 8. The County of Nansemond is authorized and empowered to make
appropriations and to provide funds for the operation of the Authority.

§ 9. The Authority shall have the power to issue bonds from time to
time in its discretion, for any of its purposes, including the payment or re-
tirement of bonds previously issued by it. The Authority may issue such
types of bonds as it may determine, including (without limiting the gen-
erality of the foregoing) bonds payable, both as to principal and interest:
(a) from its revenues generally; (b) exclusively from the income and
revenues of a particular “facility”; which term shall mean a particular
building or structure or particular buildings or structures including all
equipment, appurtenances and accessories necessary or appropriate for
the operation of such facility; or (c) exclusively from the income and
revenues of certain designated facilities whether or not they are financed
in whole or in part from the proceeds of such bonds. Any such bonds may
be additionally secured by a pledge of any grant or contributions from the
federal government, Commonwealth of Virginia, or any political sub-
division thereof, or a pledge of any income or revenues of the Authority,
or a mortgage of any particular facility or facilities or other property of
the Authority.

§ 10. Neither the commissioners of the Authority nor any person
executing the bonds shall be liable personally on the bonds by reason of
the issuance thereof. The bonds and other obligations of the Authority
(and such bonds and obligations shall so state on their face) shall not be
a debt of the Commonwealth or any political subdivision thereof and
neither the Commonwealth nor any political subdivision thereof other than
the Authority shall be liable thereon, nor shall such bonds or obligations
be payable out of any funds or properties other than those of the Authority.
The bonds shall not constitute an indebtedness within the meaning of any
debt limitation or restriction. Bonds of the Authority are declared to be
issued for an essential public and governmental purpose.
§ 11. Bonds of the Authority shall be authorized by resolution adopted
by the commission and may be issued in one or more series and shall bear
such date or dates, mature at such time or times, bear interest at such rate
or rates, not exceeding six per centum per annum, be in such denomination
or denominations, be in such form, either coupon or registered, carry such
conversion or registration privileges, have such rank or priority, be executed
in such manner, be payable in such medium of payment, at such place or
places, and be subject to such terms of redemption (with or without
premium) as such resolution or its trust indenture or mortgage may pro-
vide. The bonds may be sold at public or private sale.

§ 12. In case any of the commissioners or officers of the Authority
whose signatures appear on any bonds or coupons shall cease to be such
commissioners or officers before the delivery of such bonds, such signatures
shall, nevertheless, be valid and sufficient for all purposes, the same as if
such commissioners or officers had remained in office until such delivery.
Any provision of any law to the contrary notwithstanding, any bonds
issued pursuant to this act shall be fully negotiable within the meaning
and for all the purposes of Chapter 10 of Title 6 of the Code of Virginia.

§ 13. In order to secure the payment of such bonds the Authority
shall have power by provision or provisions included in any resolution
authorizing such bonds or in any indenture made to secure their payment:

(a) To pledge all or any part of its gross or net rents, fees or revenues
to which its right then exists or may thereafter come into existence.

(b) To mortgage all or any part of its real or personal property, then
owned or thereafter acquired.

(c) To covenant against pledging all or any part of its rents, fees
and revenues, or against mortgaging all or any part of its real or personal
property, to which its right or title then exists or may thereafter come
into existence or against permitting or suffering any lien on such revenues
or property; to covenant with respect to limitations on its right to sell,
lease or otherwise dispose of any facility or any part thereof; and to
covenant as to what other, or additional debts or obligations may be in-
curred by it.

(d) To covenant as to the bonds to be issued and as to the issuance
of such bonds in escrow or otherwise, and as to the use and disposition
of the proceeds thereof; to provide for the replacement of lost, destroyed
or mutilated bonds; to covenant against extending the time for the pay-
ment of its bonds or interest thereon; and to redeem the bonds, and to
ppenant for their redemption and to provide the terms and conditions
thereof.

(e) To covenant as to the rents and fees to be charged in the opera-
tion of a facility or facilities, the amount to be raised each year or other
period of time by rents, fees and other revenues, and as to the use and
disposition to be made thereof; to create or to authorize the creation of
special funds for moneys held for construction or operating costs, debt
service, reserves, or other purposes, and to covenant as to the use and dis-
position of the moneys held in such funds.

(f) To prescribe the procedure, if any, by which the terms of any
contract with bondholders may be amended or abrogated, the amount of
bonds the holders of which must consent thereto and the manner in which
such consent may be given.

(gz) To covenant as to the use of any or all of its real or personal
property ; and to covenant as to the maintenance of its real and personal
property, the replacement thereof, the insurance to be carried thereon and
the use and disposition of insurance moneys.

(h) To covenant as to the rights, liabilities, powers and duties arising
pon the breach by it of any covenant, condition, or obligation; and to
covenant and prescribe as to events of default and terms and conditions
upon which any or all of its bonds or obligations shall become or may be
declared due before maturity, and as to the terms and conditions upon
which such declaration and its consequences may be waived. _

(i) To vest in a trustee or trustees or the holders of bonds or any
proportion of them the right to enforce the payment of the bonds or any
covenant securing or relating to the bonds; to vest in a trustee or trustees
the right, in the event of a default by the Authority, to take possession
and use, operate and manage any facility or part thereof, and to collect
the rents and revenues arising therefrom and to dispose of such moneys
in accordance with the agreement of the Authority with said trustee; to
provide for the powers and duties of a trustee or trustees or the holders
of bonds or any proportion of them who may enforce any covenant or
rights securing or relating to the bonds.

~ (j) To exercise all or any part or combination of the powers herein
granted; to make covenants other than and in addition to the covenants
herein expressly authorized, of like or different character; to make such
covenants and to do any and all such acts and things as may be necessary
or convenient or desirable in order to secure its bonds, or in the absolute
discretion of said Authority, as will tend to make the bonds more market-
able notwithstanding that such covenants, acts or things may not be
enumerated herein. ,

§ 14. An obligee of the Authority shall have the right in addition to
all other rights which may be conferred on such obligee, subject only to
any contractual restrictions binding upon such obligee:

(a) By mandamus, suit, action or proceeding at law or in equity to
compel the Authority and the commissioners, officers, agents or employees
thereof to perform each and every term, provision and convenant contained
in any contract of the Authority with or for the benefit of such obligee,
and to require the carrying out of any or all such covenants and agree-
ments of the Authority and the fulfilment of all duties imposed upon the
Authority by this chapter.

(b) By suit, action or proceedings in equity, to enjoin any acts or
things which may be unlawful, or the violation of any of the rights of
such obligee of the Authority.

§ 15. The Authority shall fix and revise from time to time the rents,
fees and other charges to be paid by persons for the use of the various
facilities of the Authority and for any other service furnished or provided
by the Authority. Such rents, fees and charges shall be fixed so as to
provide at least sufficient funds to pay the cost of maintaining, repairing
and operating such facilities and the principal and interest of any bonds
issued by the Authority or other debts contracted as the same shall become
due and payable. A reserve may be accumulated and maintained out of
the revenues of such Authority for extraordinary repairs and expenses
and for such other purposes as may be provided in any resolution author-
izing a bond issue or in any trust indenture securing such bonds. Subject
to such provisions and restrictions as may be set forth in the resolution
or in the trust indenture authorizing or securing any of the bonds or other
obligations issued hereunder, the Authority shall have exclusive control
of the revenues derived from any facility or facilities operated and con-
trolled by it and the right to use such revenues in the exercise of its powers
and duties set forth in this section. No individual, firm, association or
corporation shall receive any profit or dividend from the revenues, earn-
ings or other funds or assets of such Authority other than for debts con-
tracted, for services rendered, for materials and supplies furnished and
for other value actually received by the Authority.

§ 16. In addition to the other powers conferred by this act, the Au-
thority shall have the power to borrow money and to accept contributions,
grants and other financial assistance from the federal government and
agencies or instrumentalities thereof for or in aid of the construction and
equipment of its facilities or the retirement or refunding of its bonds. To
these ends the Authority shall have the power to comply with such con-
ditions and to execute such mortgages, trust indentures and agreements
as may be necessary, convenient or desirable.

§ 17. Nothing contained in this act shall be deemed to authorize the
Authority to occupy or use any land, streets, buildings, structures or other
property of any kind, owned or used by any political subdivision within its
jurisdiction, or any public improvement or facility maintained by such
political subdivision for the use of its inhabitants, without first obtaining
the consent of the governing body thereof.

§ 18. The powers granted and the duties imposed in this act shall
be construed to be independent and severable. If any one or more sections,
subsections, sentences, or parts of any of this act shall be adjudged uncon-
stitutional or invalid, such judgment shall not affect, impair or invalidate
the remaining provisions thereof, but shall be confined in its operation
to the specific provisions so held unconstitutional or invalid.

2. An emergency exists and this act is in force from its passage.

other thing, or for any of the offenses mentioned in article 8 of chapter 3
of Title 18.1, it shall not be necessary to set forth any copy or facsimile
of such instrument or other thing; but it shall be sufficient to describe the
same in such manner as would sustain an indictment for stealing such in-
strument or other thing, supposing it to be the subject of larceny.

§ 19.1-170. Where an intent to injure, defraud or cheat is required
to constitute an offense, it shall be sufficient, in an indictment or accusa-
tion therefor, to allege generally an intent to injure, defraud or cheat
without naming the person intended to be injured, defrauded or cheated;
and it shall be sufficient, and not be deemed a variance, if there appear to
be an intent to injure, defraud or cheat the United States, or any State,
or any county, corporation, officer or person.

§ 19.1-171. All allegations unnecessary to be proved may be omitted in
any indictment or other accusation.

§ 19.1-172. No indictment or other accusation shall be quashed or
deemed invalid:

(1) For omitting to set forth that it is upon the oaths of the jurors
or upon their oaths and affirmation ;

(2) For the insertion of the words “upon their oath”, instead of
“upon their oaths” ;

(3) For not in terms alleging that the offense was committed “within
the jurisdiction of the court” when the averments show that the case is
one of which the court has jurisdiction;

(4) For the omission or misstatement of the title, occupation, estate,
or degree of the accused or of the name or place of his residence;

(5) For omitting the words “with force and arms” or the statement
of any particular kind of force and arms;

(6) For omitting to state, or stating imperfectly, the time at which
the offense was committed when time is not the essence of the offense;

(7) For failing to allege the kind or value of an instrument which
caused death or to allege that it was of no value;

(8) For omitting to charge the offense to be “against the form of the
statute or statutes”; or

(9) For the omission or insertion of any other words of mere form
or surplusage.

Nor shall it be abated for any misnomer of the accused; but the court
may, in case of a misnomer appearing before or in the course of a trial,
forthwith cause the indictment or accusation to be amended according
to the fact.

§ 19.1-173. In a prosecution for a misdemeanor the name of the
prosecutor if there be one and the county or corporation of his residence
shall be written at the foot of the presentment, indictment or information
when it is made, found or filed. In case the grand jury that brings in such
presentment or indictment or the attorney for the Commonwealth that
files such information fail to write the name of a prosecutor at the foot of
the presentment, indictment or information, then the name of a prosecutor
may be entered of record as such by the court on the motion of the de-
fendant or the attorney for the Commonwealth at any time before the
judgment.

§ 19.1-174. For good cause the court may require a prosecutor to
give security for the costs and if he fails to do so dismiss the prosecution
at his costs.

ARTICLE 8

AMENDMENT

§ 19.1-175. An amendment of any defect in an indictment or present-
ment for a misdemeanor that does not change the nature of the offense
charged may be made by the court before which the trial is had, at any
time before judgment is entered; but if such amendment operates as a
surprise to the defendant, he shall be entitled, upon request, to a con-
tinuance of the case.

§ 19.1-176. At any time before the defendant pleads a defective in-
dictment for treason or felony may be amended by the court before which
the trial is had in any manner that does not change the character of the
offense charged. After such amendment has been made the defendant shall
be arraigned on the indictment as amended and the trial shall proceed as
if no amendment had been made; but if such amendment operates as a
surprise to the defendant he shall be entitled, upon request, to a continu-
ance of the case.

§ 19.1-177. If there be any defect in form in any indictment for trea-
son or felony, it shall be competent for the court in which the case is pend-
ing for trial, after the defendant pleads, to amend the indictment, pro-
vided such amendment does not change the nature of the offense charged;
and if, on the trial of any case, there shall appear to be any variance be-
tween the allegations of the indictment and the evidence offered in proof
thereof, it shall be competent for the court before which the trial is had
to amend the indictment, according to the proof, provided such amendment
does not change the nature of the offense charged; and after such amend-
ment the indictment as amended shall be read to the accused, and he shall
be allowed to plead anew, if he so desires, and the trial shall proceed in
all respects, and with the same consequences, as if no variance had oc-
curred, unless such amendment shall operate as a surprise to the defendant,
in which case the defendant shall be entitled, upon request, to a continuance

of the cause.
ARTICLE 4

PROCESS

§ 19.1-178. When an indictment or presentment is found or made, or
information filed, the court, or the judge thereof in vacation, shall award
process against the accused to answer the same, if he be not in custody.
Such process, if the prosecution be for a felony, shall be a capias; if it be
for a misdemeanor, for which corporal punishment may be inflicted, it
may be a capias or summons, in the discretion of the court or judge; in
all other cases, it shall be, in the first instance a summons, but if a sum-
mons be returned executed and the defendant do not appear, or be re-
turned not found, the court or judge may award a capias.

§ 19.1-179. § 8-44 shall apply to process in criminal, as well as in
civil cases; and the court may, in the same case against the same person,
award at the same time, or different times, several writs of summons or
capias directed to officers of different counties or corporations. An officer
having a capias under which the accused is let to bail shall give a cer-
tificate of the fact, which shall protect him against any other capias which
may have been issued for the same offense. A summons shall be served
by delivering a copy thereof to the party in person and the clerk issuing
such summons shall deliver or transmit therewith as many copies thereof
as there are persons named therein on whom it is to be served.

§ 19.1-180. No capias to hear judgment shall be necessary in any
prosecution for a misdemeanor, but the court may proceed to Judgment
in the absence of the accused; and, if such judgment requires confinement
in jail, the court may make such order as may be necessary for the arrest
of the person against whom such judgment is and for the execution thereof.
The proceedings upon such order shall conform, as nearly as may be to
those upon a capias to hear judgment and all officers charged with its
execution shall have the same powers, be charged with the same duties
and be subject to the same responsibilities as provided by law in case of a
capias to hear judgment.

§ 19.1-181. The clerk of every court shall forward, by mail, all
process issued for the Commonwealth, directed to the officer of any county
or corporation other than his own and pay the postage thereon which, on
being duly certified by the court, shall be paid out of the State treasury.

§ 19.1-182. When process of arrest in a criminal prosecution is issued
from a court during its session, either against a party accused or a wit-
ness, the officer to whom it is directed or delivered may execute it in any
part of the State.

§ 19.1-183. An officer who, under a capias from a court, arrests a
person accused of an offense not bailable or for which bail is not given
shall deliver the accused to such court, if sitting, or to the jailor thereof,
who shall receive and imprison him.

§ 19.1-184. On any indictment or presentment for a misdemeanor
process shall be issued immediately. If the accused appear and plead to the
charge, the trial shall proceed without delay, unless good cause for con-
tinuance be shown. If, being summoned, he fail to appear and plead and