CHAPTER 351

An Act to amend the Code of Virginia by adding in Chapter 8 of Title
83 an article numbered 11.1, containing sections numbered 33-255.44:1
to $8-255.44:10, inclusive, conferring additional powers on The Rich-
mond-Petersburg Turnpike Authority; authorizing the Richmond-
Petersburg Turnpike Authority to construct, maintain, repair, and
operate projects comprising all or any part or parts of a controlled
access express highway or superhighway, including bridges, tunnels,
interchanges, viaducts, and other highway facilities in the city of
Richmond, subject to the approvals provided herein and extending, or
connecting other free or toll highway facilities in the city of Richmond
with the Richmond-Petersburg Turnpike; empowering said Turnpike
Authority and the city of Richmond to enter into and carry out co-
operative agreements for the construction and financing of certain
highway facilities, authorizing the Turnpike Authority to issue its
revenue bonds to pay all or any part of the cost of such highway
facilities; and providing that the Turnpike Authority, in the construc-
tion, operation, repair, maintenance, and financing of such highway
facilities, may exercise certain powers vested under Article 11 of
Title 38 of the Code of Virginia.

[(S 200]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Chapter 3 of
Title 83 an article numbered 11.1, containing sections numbered 33-
255.44:1 to 33-255.44:10, inclusive, as follows:

ARTICLE 11.1

CONFERRING ADDITIONAL POWERS ON THE
RICHMOND-PETERSBURG TURNPIKE AUTHORITY.

§ 33-255.44:1. 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 Article 11 of this chapter,
or if the Authority shall be abolished, the board, body, commission, or
agency succeeding to the principal functions thereof or on whom the
powers given by this article and Article 11 of this chapter to the Au-
thority shall be conferred by law.

(b) The word “project” shall mean all or any part or parts of any
controlled access express highway or superhighway, including roadways,
bridges, tunnels, interchanges, viaducts, overpasses, underpasses, ap-
proaches, connecting roads, entrance plazas, toll collection structures,
facilities for operation, repair, maintenance and administration, automo-
tive service facilities, necessary equipment, rights of way and other
interests in land and property, designed with such engineering features
and controls of ingress and egress as contribute to the safe, expeditious
and convenient movement of vehicular traffic.

(c) The word “cost” shall include all items of cost embraced in the
word “cost” defined in § 33-255.24(c) of Article 11 of this chapter and
shall also embrace reimbursements, contributions and payments to, and
sharing of costs with, the State Highway Commission or any county,
city or other municipality or political subdivision of the Commonwealth
of Virginia for advances, services, facilities, and other cooperative under-
takings, as authorized by this article, which the Authority may determine
to be necessary or desirable in the construction, operation or maintenance
of any project.

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

(e) The words “bonds,” “revenue bonds,” or “turnpike revenue bonds”
shall mean revenue bonds or turnpike revenue refunding bonds of the
Authority authorized to be 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 ac-
quired by this article.

(gz) 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 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.

(h) The word “Turnpike” shall mean The Richmond-Petersburg
Turnpike constructed, financed and operated by the Authority pursuant
to Article 11 of this chapter.

§ 33-255.44:2. Purposes; Projects.—In order to alleviate highway
congestion, promote highway safety, expand highway construction, in-
crease the utility and benefits and extend the services of the Turnpike
and of public highways, including bridges, tunnels, and other highway
facilities, both free and toll, and otherwise contribute to the economy
and welfare of the Commonwealth, the Authority, in addition to the
powers heretofore vested in it under Article 11 of this chapter and with-
out in any way limiting or superseding any of its existing powers, is
hereby granted, subject to the limitations and approvals hereinafter speci-
fied, the additional power to undertake, construct, operate, and maintain
within the corporate limits of the City of Richmond any project or projects
which, either singly or in combination, connect, or constitute a portion of
any highway which connects, any present or future free or toll public
highway, bridge, tunnel, or other highway facility with the Turnpike at
any point along its route within the City of Richmond. The Authority is
hereby authorized to issue revenue bonds of the Authority payable solely
from revenues of such project or projects to pay all or any part of the
cost of any such project or projects.

No project or any part of any project which is to be financed in whole
or in part from the proceeds of revenue bonds issued under the provisions
of this article shall be financed or constructed unless and until the govern-
ing body of the City of Richmond shall have, by ordinance or resolution,
requested the Authority to undertake the construction and financing of said
project, in whole or in part, and shall have, by ordinance or resolution,
approved a plan or plans for the reasonably specific location and design
characteristics of the project.

Before such plan or plans shall be approved, the governing body shall
hold a public hearing with respect thereto, at which citizens shall have
an opportunity to be heard, to determine whether the location and design
characteristics of the project as shown on the plan or plans shall be ap-
proved. At least ninety days notice of the time and place of such hearing
shall be published in a newspaper of general circulation in the City of
Richmond. At all times during said ninety days, citizens shall have the
right to inspect such plan or plans and shall be given all available informa-
tion with respect thereto as may be requested.

§ 33-255.44:8. Exercise of powers under Article 11.—The Authority,
In carrying out the purposes of this article, including carrying out any
project authorized hereunder, shall have and may exercise all the rights
and powers, subject to the limitations, conditions and requirements therein
specified, granted to the Authority by and pursuant to § 33-255.28 through
§ 33-255.41 of Article 11, as amended, of this chapter; provided, however,
that for the purposes of this article any reference in such sections to
“‘nroject” or “turnpike project” shall be deemed to mean a project au-
thorized under this article, any reference in such sections to “this article”
shall be deemed to mean the article of which this section is a part and
any reference in such sections to “bonds” or “‘turnpike revenue bonds”
shall be deemed to mean bonds authorized under this article to pay the
cost, in whole or in part, of any project authorized under this article.
In addition to the power vested in the Authority under § 33-255.87 of
Article 11 of this chapter, there is hereby vested in the Authority the
power to issue turnpike revenue refunding bonds for the purpose of re-
funding any bonds issued under this article then outstanding, including
the payment of any redemption premium thereon and any interest accrued
or to accrue to the date of redemption of such bonds. The Authority is
further authorized to provide for the issuance of its turnpike revenue
bonds for the combined purpose of (a) refunding any bonds then out-
standing which shall have been issued under the provisions of this article
with respect to any one or more projects authorized by this article, in-
cluding the payment of any redemption premium thereon and any in-
terest accrued or to accrue to the date of redemption of such bonds, and
(b) paying all or any part of the cost of any other project authorized
under the provisions of this article. No turnpike revenue bonds or turn-
pike revenue refunding bonds issued under the provisions of this article
shall be issued which are to be paid from the combined revenue of the
project constructed by the Authority under the provisions of Article 11
of this chapter and any project constructed under the provisions of this
article, it being the intent and purpose of this proviso to provide that
any construction of a project or projects under the provisions of this
article shall be financed by the issuance of new bonds and that such new
bonds shall be paid solely from the revenues produced from such new
projects and that no revenues from the project constructed by the Au-
thority under the provisions of Article 11 of this chapter shall be used
for the purpose of financing a new project or the payment of bonds issued
in connection therewith. The foregoing proviso shall not prohibit the
Authority from issuing under the provisions of § 33-255.30 bonds in an
aggregate principal amount not to exceed Two Million Dollars for the
purpose of constructing additional means of ingress and egress to the
project constructed by the Authority under the provisions of Article 11
of this chapter and providing for the payment of such additional bonds
out of the combined revenues derived from said project and the additional
means of ingress and egress thereto.

§ 83-255.44:4. Exemption from taxation.—The exercise of the powers
granted by this article shall be in all respects for the benefit of the in-
habitants 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 provisions of this article, their transfer and the income therefrom
including any profit. made on the sale thereof, shall at all times be free
and exempt from taxation by the Commonwealth and by any municipality,
county, or other political subdivision thereof.

§ 33-255.44:5. 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,
including 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.

§ 33-255.44:6. Joint undertakings and cooperation authorized.—In
order to carry out the purposes of this article, the Authority is authorized
to apply any part of the proceeds derived from the sale of its bonds au-
thorized under this article and any other funds not otherwise obligated
or pledged for, providing, pursuant to written agreements thereon, all
or any part of the moneys required to pay the share of the City of Rich-
mond for the cost of any Federal-aid highway improvement which in the
determination of the Authority benefits, or enhances the utility or earning
capacity of, any project and the amount of such payment shall be deemed
a part of the cost of such project. The Authority may also, in furtherance
of the purposes of this article, enter into agreements with the city of Rich-
mond providing for any of the following cooperative undertakings or any
combination thereof to be carried out by the Authority:

(a) the preparation, acquisition, loan or exchange of survey, engi-
neering, borings, and other technical reports, studies, plans, and data;

(b) the provision of engineering, planning and other professional
and technical services ;

(c) the construction, in whole or in part, of public highways, bridges,
tunnels, viaducts, interchanges, connecting roads, grade crossings and
other highway facilities;

the provision of funds in lump sums or installments to assist
in paying the cost of any such facilities or any project;

(e) the provision of interests in land, including easements, rights
of way and other property, useful in the construction, operation or main-
tenance of any project or any highway facility; and

(f) the making of payments or contributions to the Authority for
the use of, or in compensation for the services rendered by, any project
in lieu of the payment of tolls or other charges therefor, such payments
and contributions being hereby deemed revenues of said project to the
same extent as the tolls, rentals, fees and other charges collected in the
operation of the project.

Said agreements shall provide for such sharing of costs, reimburse-
ments, contributions, payments, advances and other consideration as
may be mutually agreed upon. Cooperating agencies are hereby em-
powered to enter into and carry out agreements with the Authority
authorized under this section for the furtherance of the purposes of
this article.

§ 33-255.44:7. 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 re-
garded as supplemental and additional to powers conferred by other laws;
provided, however, that the issuance of turnpike revenue bonds or turn-
pike 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.

§ 33-255.44:8. Constitutional construction.—The provisions of this
article are severable, and if any of its provisions shall be held uncon-
stitutional by any court of competent jurisdiction, the decision of such
court shall not affect or impair any of the other provisions of this article.

§ 33-255.44:9. Inconsistent laws inapplicable—All 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.