reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.6. Powers not restrictive; exemptions from Public Procurement Act and the Virginia Personnel Act

A. The Authority shall have the power to perform any act or carry out any function not inconsistent with state law, whether included in the provisions of this chapter, which may be, or tend to be, useful in carrying out the provisions of this chapter. The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority in the exercise of any of its powers in accordance with this chapter, provided the Authority implement, by policy or regulation adopted by the Board of Commissioners, procedures to ensure fairness and competitiveness in the procurement of goods and services and in the administration of its capital outlay program. This exemption shall be applicable only so long as such policies and procedures meeting the requirements remain in effect.
B. The provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2 shall not apply to the Authority.
C. Additionally, the provisions of §§ 2.2-1124, 2.2-1131.1, 2.2-1136, 2.2-1149, 2.2-1150, and 2.2-1153 through 2.2-1156 shall not apply to the Authority provided that (i) the Authority adopts and the Board approves policies or regulations governing the acquisition, lease, or sale of surplus and real property consistent with the provisions of the above-referenced sections; and (ii) any acquisition, lease, or sale of real property valued in excess of $20 million shall be approved by the Governor.
D. Additionally, the provisions of §§ 2.2-1117 and 53.1-47 shall not apply to the Authority.
1981, c. 589; 1997, cc. 232, 488; 2012, cc. 846, 849; 2013, cc. 762, 794; 2015, cc. 175, 383.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.7. Employment of personnel and legal counsel

A. The Authority may appoint, employ, dismiss, and fix and pay compensation to employees, officers, agents, advisers, and consultants, including financial and technical advisers, engineers, and public accountants within and without the Commonwealth and the United States without regard to whether such employees are citizens of the United States. The Authority shall determine the duties and compensation of its employees, officers, agents, advisers, and consultants without the approval of any other agency or instrumentality.
B. The authority may retain legal counsel, subject to the approval of the Attorney General, to represent the Authority in rate cases and all other hearings, controversies, or matters involving the interests of the Authority.
1981, c. 589; 1997, c. 232.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.8. Consolidation of terminal operations

The Authority shall effect consolidation of the water terminals of the several cities within the ports of the Commonwealth. It, specifically, shall bring about the centrally directed operation of all state-owned port facilities at Hampton Roads by such means as may prove necessary or desirable, not inconsistent with state law.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.10. Publications of Authority

A. The Authority may issue periodicals and carry and charge for advertising therein.
B. The Authority may compile and disseminate in a single publication all port charges, rules, and practices in effect at the several ports in the Commonwealth.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.11. Police powers; penalties

The Authority is empowered to adopt and enforce reasonable rules and regulations governing (i) the maximum and minimum speed limits of motor vehicles using Authority property, (ii) the kinds and sizes of vehicles which may be operated upon Authority property, (iii) materials which shall not be transported through or over Authority property, and (iv) other matters affecting the safety and security of Authority property. Such rules and regulations shall have the force and effect of law (i) after publication one time in full in a newspaper of general circulation in the city or county where the affected property is located, and (ii) when posted where the public using such property may conveniently see them. Violation of any rule or regulation which would have been a violation of law or ordinance if committed on a public street or highway shall be tried and punished as if it had been committed on a public street or highway. Any other violation of such rules and regulations shall be punishable as a Class 1 misdemeanor.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.11:1. Prevention and suppression of fire

The Authority may take such steps as necessary, not inconsistent with other provisions of law, to prevent and suppress fires on the waters of Hampton Roads, its tributaries and other waters in the vicinity of Hampton Roads, and on property adjacent to such waters which is accessible to a fire boat. In furtherance of this purpose, the Authority may, out of such funds as may become available, purchase, equip, maintain, use, and provide and train a crew or crews for a fire boat or fire boats.
1983, c. 303.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.12. Employment, jurisdiction, and power of special police officers

A. The Authority may appoint and employ special police officers to enforce the laws of the Commonwealth and rules and regulations adopted pursuant to § 62.1-132.11 on property owned, leased, or operated by the Authority or any of its subsidiaries. By agreement with the locality within which the property is located, the concurrent jurisdiction and authority of such special police, upon order entered of record by the circuit court for the locality, may be extended to a specific place or places in a locality outside the geographic boundaries of Authority property. Such special police officers shall have the powers vested in police officers under §§ 15.2-1704 and 52-8. Such special police officers may issue summons to appear, or arrest on view or on information without warrant as permitted by law, and conduct before the court of the city or county of competent jurisdiction any person violating, upon property under the control of the Authority, any rule or regulation of the Authority, any law of the Commonwealth, or any ordinance or regulation of any political subdivision of the Commonwealth.
B. The court or courts having jurisdiction for the trial of criminal offenses of the city or county wherein the offense was committed shall have jurisdiction to try persons charged with violating any such laws, ordinances, rules, or regulations. Fines and costs assessed or collected for violation of any such law, ordinance, rule, or regulation shall be paid into the Literary Fund.
1981, c. 589; 2008, cc. 324, 529; 2015, cc. 74, 253.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.12:1. Agreements with private terminal operators

The Authority may enter into agreements with private maritime cargo terminal operators that require services comparable to services provided by the Authority to permit special police officers appointed and employed by the Authority pursuant to § 62.1-132.12 to provide and enforce safety and security on the operator's property. Such agreements shall require the private maritime cargo terminal operator to compensate the Authority for the direct and indirect costs of the services provided by the Authority.
2006, c. 220.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.13. Cooperation with federal agencies

The Authority is empowered to cooperate with, and to act as an agent for, the United States of America or any agency, department, corporation or instrumentality thereof in the maintenance, development, improvement, and use of harbors and seaports of the Commonwealth, and in any other matter within the purposes, duties, and powers of the Authority.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.14. Agreement of local cooperation with Corps of Engineers

The Authority, in addition to such other state agencies as the Governor may designate, is empowered, on behalf of and as an agent for the Commonwealth, with the approval of the Governor and after review by the Attorney General, to enter into contractual agreements, known as agreements of local cooperation, developed and tendered by the United States Army Corps of Engineers for signature by local nonfederal interests. Specifically, the Authority and other agencies designated by the Governor may contract under such agreements:
(1) To provide, free of cost to the United States, the fee simple title to lands, perpetual and/or temporary easements, rights of way and any other interest in lands for cut-off bends, the laying of pipelines, erection of dikes, sluiceways, spillways, dams, drains, deposit of dredged materials, and for other purposes, provided that the conveyance of fee simple title or perpetual easements in subaqueous beds of waterways of the Commonwealth shall require further authorization of the General Assembly;
(2) To alter existing structures on such areas;
(3) To simultaneously dredge designated areas not covered by the federal project when and where required;
(4) To construct and maintain public wharves and public roads leading thereto;
(5) To make contributions in money or property in lieu of providing disposal areas for dredged materials;
(6) To hold the United States safe and harmless against claims for damages arising out of the project or work incident thereto;
(7) To remove sewer pipes and submarine cables;
(8) To construct and maintain marine railways for the public use; and
(9) To provide or satisfy any other items or conditions of local cooperation as stipulated in the congressional document covering the particular project involved.
This section shall not be interpreted as limiting but as descriptive of the items of local cooperation, the accomplishment of which the Authority and other designated agencies are hereby authorized to bind themselves, subject to the lawful appropriation of funds required therefor; it being intended to authorize the Authority and other designated agencies to comply fully and completely with all of the items of local cooperation as contemplated by Congress and as stipulated in the congressional acts or documents concerned.
1981, c. 589; 1982, c. 168.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.15. Grants and loans from federal agencies

The Authority may apply for and accept grants or loans of money or property from any federal agency for any purpose authorized in this chapter. It may expend or use such money or property in accordance with any directions, requirements, or conditions which may be imposed by the agency.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.16. Fees and charges

Under such terms and conditions as may be prescribed by law, the Authority may fix, alter, charge, and collect tolls, fees, rentals, and any other charges for the use of, or for services rendered by, any Authority facility. The Authority may impose, levy, and collect such other fees and charges as may assist in defraying the expenses of administration, maintenance, development, or improvement of the ports of the Commonwealth, their cargo handling facilities, and harbors.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.17. Grants of funds and property

Persons, counties, cities, and towns are hereby authorized to grant, and the Authority is empowered to accept, funds and property to use, within the scope of other powers and duties of the Authority, as stipulated by the grantor.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.18. Acquisition of property

A. The Authority is authorized to acquire, construct, maintain, equip, and operate marine terminals, port facilities, wharves, docks, ships, piers, quays, elevators, compressors, refrigeration storage plants, warehouses, and other structures necessary for the convenient use of the same in the aid of commerce. The Authority is further authorized to undertake or make arrangements for the dredging of approaches to each facility and the construction of shipping facilities and transportation facilities incident thereto. The Authority shall have the power to issue revenue bonds for such acquisitions and purposes.
B. When such facilities or equipment is acquired from any political subdivision of the Commonwealth, the Authority is authorized to give written assurances, including agreements to reconvey properties to such political subdivision, for the installment payments for any terminals, facility, or equipment thus acquired.
1981, c. 589.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.19. Acquisition and lease of property

A. Except as provided in subsection D, the Authority is empowered to rent, lease, buy, own, acquire, construct, reconstruct, and dispose of harbors, seaports, port facilities, and such property, whether real or personal, as it may find necessary or convenient and issue revenue bonds therefor without pledging the faith and credit of the Commonwealth.
B. The Authority may lease to another such part or all of its real or personal property for such period and upon such terms and conditions as the Authority may determine.
C. The Authority shall neither expend funds nor incur any indebtedness for any improvement, repair, maintenance, or addition to any real or personal property owned by anyone other than the Authority, the Commonwealth, or a political subdivision of the Commonwealth, unless either (i) the use of such property is guaranteed to the Authority or the Commonwealth by a lease extending beyond the useful life of the improvement, repair, maintenance, addition, or new facility, or (ii) such expenditure or indebtedness is approved in writing by the Governor.
D. Notwithstanding any provision of law to the contrary, neither the Commonwealth nor the Authority shall accept any unsolicited proposal under the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.) regarding the ownership or operation of any seaport or port facility.
1981, c. 589; 2013, cc. 762, 794.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-132.20. Craney Island Disposal Area

A. No agency of the Commonwealth, including the Virginia Port Authority, shall have the authority to expand the Craney Island Disposal Area northward or westward. However, the Commonwealth and the Virginia Port Authority are authorized to expend state funds for the construction and development of Craney Island to the east for an additional marine terminal.
B. The Virginia Port Authority is hereby directed, in coordination with other state and federal agencies, including the United States Army Corps of Engineers, to locate, establish, and use ocean disposal areas for ocean-suitable dredge materials from the Hampton Roads Harbor, or some other suitable site, and to use the existing Craney Island Disposal Area for dredge material suitable or unsuitable for alternate disposal, including ocean disposal, with priority given to materials dredged from the Southern Branch of the Elizabeth River. The construction of a marine terminal on the eastern side of Craney Island Disposal Area using dredge material to extend the disposal area eastward, as defined in the U.S. Army Corps of Engineers Feasibility Study approved on October 24, 2006, and authorized by Congress in the Water Resources Development Act of 2007, is hereby authorized.
C. Prior to the disposal of any dredged material either at an ocean area or on the Craney Island Disposal Area, after the Craney Island Disposal Area has attained its capacity limit, the appropriate state agencies shall investigate and consider the cost and availability of beneficial uses of the dredged material. The appropriate state agencies shall consult with state and federal agencies to ensure the environmental acceptability of any beneficial use. When such environmentally acceptable beneficial use is available and economically feasible, the appropriate state agencies shall pursue such use.
For purposes of this section, "Craney Island Disposal Area" means that parcel of land lying and being in the body of water known as Hampton Roads Harbor, within the City of Portsmouth and adjacent to the City of Suffolk.
1991, c. 686; 1998, c. 543; 2009, c. 38; 2013, cc. 762, 794.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-136. Power of eminent domain

The Authority is hereby vested with the power of eminent domain to acquire property or any interest therein, however held, but not property of the Commonwealth or its agencies, and may exercise the same for the purposes set forth in §§ 62.1-132.18 and 62.1-132.19 in the manner and to the extent set forth in, and subject to the provisions of, Chapter 2 (§ 25.1-200 et seq.) of Title 25.1; provided that the Authority shall have no power to condemn any property belonging to any other political subdivision of the Commonwealth, or to any common carrier, or public utility or other public service corporation which is being devoted to public use or service. Whether property is being devoted to public use or service in the case of a public service corporation, common carrier, or public utility, shall be decided by the State Corporation Commission in a proceeding under § 25.1-102; and in the case of a political subdivision shall be decided by the court in which the proceeding is brought.
Code 1950, § 62-106.8:1; 1962, c. 346; 1968, c. 659; 1981, c. 589; 2003, c. 940.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-138. Powers of State Corporation Commission not affected

Nothing contained in this chapter shall be construed as affecting the powers and duties now conferred by law upon the State Corporation Commission.
Code 1950, § 62-106.9; 1952, c. 61; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-139. Forms of accounts and records; annual report

A. The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in a form prescribed by governmental generally accepted accounting principles. Such accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by enterprises.
B. The accounts of the Authority shall be audited annually by a certified public accounting firm selected by the Auditor of Public Accounts with the assistance of the Authority through a process of competitive negotiation. The cost of such audit and review shall be borne by the Authority.
C. The General Assembly may request the Auditor of Public Accounts to conduct audits at any time.
D. The Authority shall submit an annual report to the Governor and General Assembly on or before November 1 of each year. Such report shall contain the audited annual financial statements of the Authority for the year ending the preceding June 30.
E. The Authority shall submit a detailed annual operating plan and budget to the Secretary of Transportation and the Director of the Department of Planning and Budget by November 1 of each year. Notwithstanding any other provision of this chapter, the form and content of the operating plan and budget shall be determined by the Director of the Department of Planning and Budget and shall include information on salaries, expenditures, indebtedness, and other information as determined by the Director of the Department of Planning and Budget.
F. The Board of Commissioners, the General Assembly, or the Governor may at any time request that the Office of the Inspector General, created pursuant to § 2.2-308, review any area of the Authority's finances or operations.
Code 1950, § 62-106.11; 1954, c. 667; 1968, c. 659; 1984, c. 734; 1985, c. 146; 2004, c. 650; 2012, cc. 846, 849; 2013, cc. 762, 794.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-141. Trust agreement securing bonds; provisions of agreement or bond resolution; depository of proceeds or revenues; expenses

In the discretion of the Authority any bonds issued under the provisions of this chapter 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 revenues to be received, but shall not convey or mortgage the port facilities or any part thereof; provided, however, the Authority may make a purchase-money agreement giving a chattel mortgage or lien on personal property or operating equipment purchased for use in its facilities. 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, maintenance, repair, operation and insurance of the port facilities or the portion thereof in connection with which such bonds shall have been authorized, the rates 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 depository 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 port facilities or portion thereof.
Code 1950, § 62-106.13; 1954, c. 667; 1968, c. 659; 1974, c. 148.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-143. Proceeds of bonds and revenues held in trust for certain purposes

All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of revenue bonds or refunding bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The Authority shall, in the resolution authorizing such 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 chapter, subject to such regulations as this chapter and such resolution or trust agreement may provide. In the case of the proceeds of the sale of revenue bonds or revenues, 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. In the case of the proceeds of the sale of refunding bonds, the trustee may invest and reinvest such funds in direct obligations of, or obligations the principal of and the interest on which are guaranteed by, the United States of America. Such money and the interest, income and profits, if any, earned on such investment, shall be available for the payment of all or any part of the principal, interest, and redemption premium, if any, of the bonds being refunded. The proceeds of the sale of refunding bonds shall be so invested and applied as to assure that the principal, interest, and redemption premium, if any, on the bonds being refunded shall be paid in full on their respective maturity, redemption or interest payment dates. After the terms of the trust have been fully satisfied, and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the Authority for use by it in any lawful manner.
Code 1950, § 62-106.15; 1954, c. 667; 1968, c. 1981, c. 590.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-144. Remedies of bondholders and trustee

Any holder of bonds, notes, certificates or other evidences of borrowing issued under the provisions of this chapter or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be 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 chapter 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 chapter or by such agreement or resolution to be performed by the Authority or by any officer or agent thereof, including the fixing of charges and collection of the same.
Code 1950, § 62-106.16; 1954, c. 667; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-145. Exercise of powers constitutes governmental functions; exemption from taxation

The exercise of the powers granted by this chapter 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 functions, 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 chapter or upon the income therefrom, including sales and use taxes on tangible personal property used in and about a marine terminal under the supervision of the Virginia Port Authority for handling cargo, merchandise, freight, and equipment; nor shall the agents, lessees, sublessees, or users of tangible personal property owned by or leased to the Authority be required to pay any sales or use tax upon such property or the revenue derived therefrom; and the bonds, notes, certificates, or other evidences of debt issued under the provisions of this chapter, their transfer and the income therefrom including any profit made on the sale thereof, shall be exempt from taxation by the Commonwealth and by any municipality, county, or other political subdivision thereof. The exemption from the retail sales and use tax shall apply to property acquired or used by the Authority, or by a nonstock, nonprofit corporation that operates a marine terminal or terminals solely on behalf of the Authority. Service charge payments to any city, county, or town authorized pursuant to subsection D of § 58.1-3403 shall be paid from the general fund. Service charge payments to any county, city, or town authorized pursuant to subsection B of § 58.1-3403 shall be paid by the Authority.
Code 1950, § 62-106.17; 1954, c. 667; 1968, c. 659; 1974, c. 546; 1990, c. 694; 2000, c. 737; 2005, c. 581.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-146. Bonds as legal investments

Bonds issued by the Authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, 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.
Code 1950, § 62-106.18; 1954, c. 667; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-147. Bonds not debt or pledge of credit of Commonwealth or political subdivision; payment of expenses

Bonds and refunding bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or of any political subdivision thereof or a pledge of the faith and credit of the Commonwealth or of any such political subdivision, but shall be payable solely from the funds provided therefor from revenues. All such 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 port facility and that neither the faith and credit nor the taxing power of the Commonwealth or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds.
All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter 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 chapter.
Code 1950, § 62-106.19; 1954, c. 667; 1968, c. 659; 1981, c. 590; 1993, c. 656.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-147.1. Legalization of prior actions

Any bonds issued to refund bonds or other obligations of the Authority prior to the adoption of the amendments in this chapter relating to refunding bonds which could now be taken under this chapter are hereby approved, validated and ratified by the legislature of the Commonwealth.
1981, c. 590.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 10 - Virginia Port Authority › § 62.1-147.1:1. Exemption of Authority from certain technology procedures

The provisions regulating the Virginia Information Technologies Agency (§ 2.2-2005 et seq.) shall not apply to the Authority in the exercise of any power conferred under this chapter.
2013, cc. 762, 794.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 11 - Federal Water Resources Development Projects › § 62.1-148. Resolutions and ordinances assuring local cooperation

The governing body of any county, city or town is authorized to adopt such resolutions and/or ordinances as may be required giving it assurances to the Secretary of the Army or the Chief of Engineers of the United States Army for the fulfillment of the required items of local cooperation as expressed in acts of Congress and/or congressional documents, as conditions precedent to the accomplishment of river and harbor and flood control projects of the United States, when it shall appear, and is determined, by such local governing body that any such project will accrue to the general or special benefit of such county, city or town. In each case where the subject of such local cooperation requirements comes before a governing body a copy of its final action, whether it be favorable or unfavorable, will be sent to the Commissioner of Water Resources for the information of the Governor.
Code 1950, § 62-117.1; 1958, c. 197; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 11 - Federal Water Resources Development Projects › § 62.1-148.1. Power of cities and towns to bind themselves to perform or execute assurances regarding construction of flood walls or other flood control measures

The cities and towns authorized to adopt resolutions and ordinances pursuant to § 62.1-148 shall have the power to irrevocably bind themselves to do any and all things necessary to perform or execute the assurances authorized to be given pursuant to § 62.1-148 regarding construction of flood walls or other flood control measures, anything in the charters of such cities or towns to the contrary notwithstanding.
1980, c. 48.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 11 - Federal Water Resources Development Projects › § 62.1-149. Items of cooperation to which localities may bind themselves

Such resolutions and ordinances may irrevocably bind such county, city or town:
(1) To provide, free of cost to the United States the fee simple title to lands, perpetual and/or temporary easements, rights-of-way and any other interest in lands for cut-off bends, the laying of pipelines, erection of dikes, sluiceways, spillways, dams, drains, deposit of dredged materials, and for other purposes;
(2) To alter existing structures on such areas;
(3) To simultaneously dredge designated areas not covered by the federal project when and where required;
(4) To construct and maintain public wharves and public roads leading thereto;
(5) To make contributions in money or property in lieu of providing disposal areas for dredged materials;
(6) To hold the United States safe and harmless against claims for damages arising out of the project or work incident thereto;
(7) To remove sewer pipes and submarine cables;
(8) To construct and maintain marine railways for the public use; and
(9) To provide or satisfy any other items or conditions of local cooperation as stipulated in the congressional document covering the particular project involved.
This section shall not be interpreted as limiting but as descriptive of the items of local cooperation, the accomplishment of which counties, cities and towns are herein authorized to irrevocably bind themselves; it being intended to authorize counties, cities and towns to comply fully and completely with all of the items of local cooperation as contemplated by Congress and as stipulated in the congressional acts or documents concerned.
Code 1950, § 62-117.2; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 11 - Federal Water Resources Development Projects › § 62.1-150. Acquisition of lands

For the purpose of complying with the terms of local cooperation as specified in this chapter and as stipulated in the congressional document covering the particular project involved, any city or town may acquire the necessary lands, or interest in lands, by lease, purchase, gift or condemnation, whether such lands are within or without the corporate limits of such city or town, and any county may acquire such lands by lease, purchase, gift or condemnation.
However, the provisions of § 25.1-102, as now or hereafter in effect, shall apply to any property belonging to any corporation possessing the power of eminent domain which may be sought to be taken by condemnation hereunder.
Code 1950, § 62-117.3; 1968, c. 659; 2003, c. 940.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 11 - Federal Water Resources Development Projects › § 62.1-151. Ratification of former resolutions and ordinances

All resolutions and ordinances adopted prior to March 16, 1948, by cities, counties and towns in furtherance of local cooperation projects of the United States for river and harbor improvement and for flood control and their acts in pursuance thereof are hereby ratified and affirmed as if accomplished under the authority of this chapter.
Code 1950, § 62-117.4; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 11 - Federal Water Resources Development Projects › § 62.1-152. Liberal construction

This chapter shall be liberally construed as in aid of projects of the United States for the improvements of rivers and harbors and for flood control and in furtherance of and not in limitation of powers now conferred by law on counties, cities and towns.
Code 1950, § 62-117.5; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 13 - Improvement of Navigability of Streams › § 62.1-155. Cooperation by cities on navigable streams with United States

The cities in the Commonwealth situated on navigable streams shall have the power to cooperate with the United States of America in the improvement of the navigability of such streams involving the deepening, widening and straightening the channel thereof and making provision for turning basins at terminals and mooring areas thereon.
Code 1950, § 62-117.8; 1958, c. 467; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 13 - Improvement of Navigability of Streams › § 62.1-156. Power of cities to give assurances to United States

In order to execute the purposes and objectives declared in § 62.1-155, the cities therein defined shall have the power to give assurances to the United States of America that they will:
1. Furnish or cause to be furnished free of cost to the United States, when and as required by its duly authorized representatives, lands, easements and rights-of-way and spoil or dredged material disposal areas, unrestricted in disposal elevations, for the shore disposal of material to be initially dredged and for future maintenance of such improvements within and without such cities;
2. Furnish or cause to be furnished, when and as so required, permits or easements for ingress to and egress from highways to such shore disposal areas, and permits or easements to construct pipeline trestles across oyster and clamming grounds and to lay dredge pipelines across lands adjacent to such shore disposal areas within and without such cities;
3. Subject to all applicable laws, secure such releases or permits, either or both, as may be required, holding and saving the United States, its contractors and assigns free from any and all claims for damages to public or privately owned oyster and clamming grounds resulting or attributable to the accomplishment of the initial dredging or subsequent maintenance of such improvements, either or both;
4. Secure such releases or permits, either or both, as may be so required, holding and saving the United States, its contractors and assigns free from any and all claims (a) for damages resulting from any change in the natural course of such rivers, (b) for damages resulting from blasting operations in the removal of rock or changes in ground water levels, and (c) for costs resulting from provision and operation of any bridges or ferries that may be necessary for furnishing connection between the mainland and any islands created by channel cutoffs;
5. Relocate or cause to be relocated, at no cost to the United States, when necessary, roads, bridges, waterfront structures, sewerage, water supply, storm drainage, electric power, and other utility facilities within and without such cities, except those which the United States has theretofore permitted to be constructed in, under or over such rivers;
6. Construct, maintain, expand and operate such terminal facilities within such cities which may be required to accommodate prospective foreign and domestic commerce expected to develop from the improvement of the channel of such rivers, the extent of such facilities to be mutually agreed to by the council of such cities and the duly authorized representatives of the United States; and
7. Contribute funds to the United States necessary to construct, extend and maintain mooring or berthing areas immediately adjacent to river terminals of such cities when necessary because of expansion of such terminal facilities.
Code 1950, § 62-117.9; 1958, c. 467; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 13 - Improvement of Navigability of Streams › § 62.1-157. Power of cities to bind themselves to perform or execute assurances

The cities defined in § 62.1-155 shall have the power to irrevocably bind themselves to do any and all things necessary to perform or execute the assurances authorized to be given pursuant to § 62.1-156 anything in the charters of such cities to the contrary notwithstanding.
Code 1950, § 62-117.10; 1958, c. 467; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 13 - Improvement of Navigability of Streams › § 62.1-158. Claims for damages to oyster and clamming grounds

Claims for damages to oyster and clamming grounds may be asserted in the courts having jurisdiction in the county or city in which such damages occur.
Code 1950, § 62-117.11; 1958, c. 467; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 14 - Foreign Trade Zones › § 62.1-159. "Public corporation" defined

The term "public corporation," for the purposes of this chapter, means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of this Commonwealth or of any political subdivision thereof or of any municipality therein, or any corporate municipal instrumentality of this Commonwealth or of this Commonwealth and one or more other states.
Code 1950, § 62-118; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 14 - Foreign Trade Zones › § 62.1-160. Application by public corporation to establish and operate zone

Any public corporation of the Commonwealth, as that term is defined in § 62.1-159, is authorized to make application, individually or jointly with any other public corporation, for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with an act of Congress approved June 18, 1934, entitled "An act to provide for the establishment, operation, and maintenance of foreign-trade zones on ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes," published in volume 48 of United States statutes at large, chapter 590.
Code 1950, § 62-119; 1968, c. 659; 1970, c. 598.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 14 - Foreign Trade Zones › § 62.1-161. Application by private corporation

Any private corporation hereafter organized under the laws of this Commonwealth for the purpose of establishing, operating and maintaining a foreign-trade zone in accordance with the act of Congress referred to in § 62.1-160 is likewise authorized to make application for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with the act of Congress.
Code 1950, § 62-120; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 14 - Foreign Trade Zones › § 62.1-162. Authority to establish and operate zone; conditions and restrictions of act of Congress, etc.

Any public or private corporation authorized by this chapter to make application for the privilege of establishing, operating and maintaining such foreign-trade zone, whose application is granted pursuant to the terms of such act of Congress is authorized to establish a foreign-trade zone and to operate and maintain it, individually or jointly with any other public corporation, subject to the conditions and restrictions of the act of Congress, and any amendments thereto, and under such rules and regulations and for the period of time that may be prescribed by the board established by the act of Congress to carry out the provisions of the act.
Code 1950, § 62-121; 1968, c. 659; 1970, c. 598.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 15 - Port Management Generally › § 62.1-163. Port management

The governing body of any county, city or town having a port may, at its pleasure, create such agencies, appoint such agents and employ such persons as may be required for the orderly and effective management of such port and its harbor; but nothing herein shall be construed to repeal or amend any prior act of the General Assembly creating or authorizing the creation of any port authority, port and industrial authority, port commission or port and industrial commission or the provisions of any municipal charter. The Circuit Court of the County of Northumberland shall appoint such an agent for the Port of Reedville. The appointing authority may prescribe for such agents and agencies such terms of office, titles, authority, duties, fees and compensation not inconsistent with law as it may deem appropriate, and may require from each person so appointed a fidelity bond in favor of the Commonwealth. All controversies arising between or among agents, agencies, authorities or commissions of two or more ports shall be referred to the Virginia Port Authority, which authority shall, under such rules and regulations not inconsistent with law as it shall promulgate, resolve every such controversy in the best interests of the Commonwealth as a whole; but any party thereto shall have a right of appeal to the Supreme Court in the same manner and under the same rules as appeals are taken from orders of the State Corporation Commission.
Code 1950, § 62-124; 1968, c. 659; 1990, c. 204.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 16 - Wharves, Docks, Piers and Bulkheads › § 62.1-164. Erection and abatement of private wharves, piers and landings

Any person owning land upon a watercourse may erect a private wharf on the same, or private pier or landing, in such watercourse opposite his land; provided, such wharf, pier or land is for noncommercial purposes and navigation be not obstructed, nor the private rights of any person be otherwise injured thereby. The circuit court of the county in which such wharf, pier or landing is, after causing ten days' notice to be given to the owner thereof, of its intention to consider the subject, if it be satisfied that such wharf, pier or landing obstructs the navigation of the watercourse, or so encroaches on any private landing as to prevent the free use thereof, may abate the same.
Code 1950, § 62-139; 1968, c. 659; 1972, c. 415.