CHAPTER 537

An Act to amend and reenact § 7, as amended, of Chupter 180 of the Acts
of Assembly of 1942, approved March 9, 1942, known as the Elizabeth
River Tunnel Revenue Bond Act, the section relating to incidental
powers of the Elizabeth River Tunnel Commission.

(S 245]
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 7, as amended, of Chapter 130 of the Acts of Assembly of 1942,
approved March 9, 1942, be amended and reenacted as follows:

Without in any manner limiting or restricting the general
powers granted by this act, the Commission shall have power:

(a) To make rules and regulations for the conduct of its business;

(b) To acquire in the name of the District, hold and dispose of per-
sonal property for the corporate purposes of the District;

(c) To acquire full information to enable it to establish, construct,
maintain and operate the project;

(d) To employ consulting engineers, a superintendent or manager of
the project, and such other engineering, architectural, construction and
accounting experts and inspectors and attorneys, and such other employees
as may be deemed necessary, and to prescribe their powers and duties and
fix their compensation;

(e) To make and enter into all contracts or agreements, as the Com-
mission may determine, which are necessary or incidental to the per-
ete of its duties and to the execution of the powers granted under

8 ?
(f) To accept loans and grants of money or materials or property at
any time from the United States of America, or the State of Virginia, or
any agency or instrumentality thereof, upon such terms and conditions as
the United States of America, or the State of Virginia, or such agency or
instrumentality may impose;

(g) To purchase, solely from funds provided under the authority of
this act, such lands, buildings, structures, rights of way, franchises, ease-
ments, and interests in lands, deemed by the Commission to be necessary
for the construction or 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, and to take title thereto in the
name of the District. Whenever a price cannot be agreed upon, or when-
ever the owner is legally incapacitated or is absent, or is unable to convey
valid title, or is unknown, the Commission is hereby authorized and
empowered to acquire any such property, by condemnation in accordance
with and subject to the provisions of any and all laws mutatis mutandis
applicable to the condemnation of property in the name of the “State
Highway Commissioner” under the laws of the State of Virginia:

(h) To exercise any power usually possessed by private corporations
performing similar functions;
(i) Toadopt and enforce reasonable rules and regulations which after
publication one time in full in a newspaper of general circulation published
in the city of Norfolk and a newspaper of general circulation published in
the city of Portsmouth and when posted where the using public may
conveniently see the same, shall have the force and effect of law as to
(1) maximum and minimum speed limits applicable to motor vehicles using
such project and other property under control of the Commission, (2) the
types, kinds and sizes of the vehicles which may use such project, (3)
the nature, size, type or kind of materials or substances which shall not
be transported through or over such project, (4) such other rules and
regulations as may be necessary or expedient in the interest of public safety
with respect to the use of said project, and (5) tolls to be imposed upon
the use of said project.

(j) The violation of any of such rules and regulations shall be punish-
able as follows:

(1) If such a violation would have been a violation of law or ordi-
nance if committed on any public road, street, highway or turnpike in
the municipality in which such violation occurred, it shall be tried and
punished in the same manner as if it had been committed on such public
road, street, highway or turnpike.

(2) All other violations shall be punishable as a misdemeanor.

(k) To appoint and employ special policemen to enforce within the
area under the control of the Commission the rules and regulations adopted
by the Commission. Such special police shall have the powers of special
police appointed under Section 15-557 of the Code of Virginia which Article
shall apply, mutatis mutandis, to special police appointed under this Act.

Such special policemen appointed by the Commission may issue sum-
mons to appear, or arrest on view without warrant, within the jurisdiction
of this State and conduct before the nearest police or trial justice of the
municipality in which the arrest is made, or a police or trial justice of
any neighboring municipality, any person violating, within or upon the
project or other property under the control of the Commission, any rule
or regulation of the Commission for the regulation and control of highway
traffic on any bridge or in any tunnel owned or operated by it or under its
jurisdiction or control or on any of the entrance or exit plazas or ap-
proaches adjacent or appurtenant thereto, including, but not limited to,
rules and regulations regarding the payment of tolls.

(1) To remove any motor vehicle, trailer or semitrailer which has
been left unattended on any property under the control of the Commission
and to dispose of the same if left unclaimed for a period of thirty days or
longer. Such disposition may be made by public sale after notice published
once a week for two weeks in a newspaper of general circulation in the
District or by ugreements with either the city of Norfolk or the city of
Portsmouth, or both, arranging with such city or cities for the disposal
of such motor vehicles, trailers or semitrailers.