aXAf Tw "if If 9-9
EXHIBIT A 91. aXAf Tw "if If 9-9 ^ / N ?' / • . nV / / / A \ \ \ \ \ \ \ ^ \ -i; \ \ ' \ \ 'mVA .u ^^I ^ \' / k / ^ . / ♦ ^ s f ^ ""Ax V \.-a^ N \ \ W%. \x ?r® x>y; '^1. y^wy a' I flf 'H 5' ill I «q § .niMf p ^I «^ ^1 u n I pil EXHIBIT B us Virgin Islands July 16,2025 A portion of Parcel No. 22 Submarine Base, No. 6 Southside Quarter, St. Thomas, US Virgin Islands Prppatty Informuion Property 10 407e0001'1700 Location 19 20 22 22-C & 22-D OF 2 CARLTON Owner FIRST PENTECOSTAL CHURCH INC EXHIBIT B MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT us Virgin Islands makes no claims and no warranties, expressed or Implied, concerning the validity or accuracy of the GIS data presented on this map. Geometry updated 04/2025 Data updated 09/2024 1" = 158.30425053331584 Print map scale is approximate. Critical layout or measurement activities should not be done using this resource. ZONING CERTIFICATION GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES DEPARTMENT OF PLANNING AND NATURAL RESOURCES 4611 Tutu Park Mall Suite 300, 2"'' Floor St. …
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EXHIBIT A 91. aXAf Tw "if If 9-9 ^ / N ?' / • . nV / / / A \ \ \ \ \ \ \ ^ \ -i; \ \ ' \ \ 'mVA .u ^^I ^ \' / k / ^ . / ♦ ^ s f ^ ""Ax V \.-a^ N \ \ W%. \x ?r® x>y; '^1. y^wy a' I flf 'H 5' ill I «q § .niMf p ^I «^ ^1 u n I pil EXHIBIT B us Virgin Islands July 16,2025 A portion of Parcel No. 22 Submarine Base, No. 6 Southside Quarter, St. Thomas, US Virgin Islands Prppatty Informuion Property 10 407e0001'1700 Location 19 20 22 22-C & 22-D OF 2 CARLTON Owner FIRST PENTECOSTAL CHURCH INC EXHIBIT B MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT us Virgin Islands makes no claims and no warranties, expressed or Implied, concerning the validity or accuracy of the GIS data presented on this map. Geometry updated 04/2025 Data updated 09/2024 1" = 158.30425053331584 Print map scale is approximate. Critical layout or measurement activities should not be done using this resource. ZONING CERTIFICATION GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES DEPARTMENT OF PLANNING AND NATURAL RESOURCES 4611 Tutu Park Mall Suite 300, 2"'' Floor St. Thomas, VI 00802 (340) 774-3320 45 Mars Hill, Prederiksted St. Croix, VI 00840 (340)773-1082 dpnr.vi.gov Division of Comprehensive and Coastal Zone Planning ZONING CERTIFICATION This will certify that Parcel No. 22 Revised Submarine Base (Estate Nisky), St. Thomas is zoned 1-2(Light Industry) as per Act No. 3373 (attached). The proposed use of a garage and auto repair shop is permitted in the 1-2 district under "Automobiles & Motorcycles- Motor Tune-up & Repair Work (Mechanical)." The list of permitted uses and development provisions for the 1-2zoned district can be found in Virgin Islands Code, Title 29, Chapter 3, Subchapter 1, §228 and 229 (https://legvi.org/vi- code/). GOVERNING AUTHORITY: Department of Planning and Natural Resources Government ofthe U.S. Virgin Islands Researched and Certified By: Name: Leia LaPlace Title: Territorial Planner Date: July 17, 2025 Phone: (340) 773-1082/774-3320 ext. 2215 Email: lcia.laplace@dpnr.vi.gov Act No. 3371 VIRGIN ISLANDS SESSION LAWS 1972 (BILL 5659) No. 3371 (Approved February 8, 1978) ^ To Amend Act No. 3329 (Bill No. 5633) "An Act To Provide Appropriations From the Virgin Islands Conservation Fund for the Fiscal YearJuly1,1972, to June30,1973". Be it enacted by the Legislature of the Virgin Islands: Section 1. Act No. 3329 (Bill No.' 5633), An Act To Provide Appropriations From the Virgin Islands Conservation Fund for the Fiscal Year July 1. 1972, to June 30, 1973, is amended by the addition of a new section as follows: "Section 2. The funds appropriated herein shall remain avail- abie until expended." Approved February 8,1973. (BILL 5661) No. 3372* (Approved February 8, 1973) To Amend Title 3, Virgin Islands Code, Section 712(a) Relating to Death Benefits Provision for Government Employees. Be it enacted by the Legislature of the Virgin Islands: Section 1. Title 3, Virgin Islands Code, section 712(a) is amended by deleting from the second clause of the first sentence thereof immediately preceding the word annuity, the word "an", and sub stituting in lieu thereof the word "no". Approved February 8,1973. . (BILL 5662) No. 3373*^ (Approved February 8,1973) ^^To Amend Act No. 3284, the Zoning Law for the Virgin Islands. Beit enactedbythe Legislature af the VirginIslands: * En.icted as part of the SLxth Special Sesssicn. 1972 REGULAR SESSION Act No. 3374 Section 1. Zoning District Maps STZ-4 and STZ-5 are hereby amended by removing from the I-l, Heavy Industry Zones Parcels 1, 3, 4, 5, 5a, 6a, 19, 22, 24, 25, 26, 30, 30a, 36, 65, 94, 95, 97, 110, 123, 129, 133, and 134 and such other vacant land which falls within the newly designated southern and western boundaries of thejj Zone, now shown on Maps STZ-4 and STZ-5, and placing tliSnwi the 1-2, Light Industry Zone. Section 2. Zoning District Map STZ-10 is iiereby amended to j <") include the remainder ofParcel 41-5, Frydenhoj intheW-1, Water- / ^ front Pleasure Zoning District. Section 3. For puiT)Oses of this Act only, a determination having been made by the Legislature that all interested persons have been •notified and given an opportunity to appear and testify at a hearing held in the Virgin Islands Planning Office and that the testimony at such hearing was strongly in favor of the zoning amendments con- stained in sections 1 and 2 of this Act, the provisions and require ments of Title 29, chapter 3, sections 238 and 239, Virgin Islands Code, are hereby waived. Ajyproved Fehrmry 8,1973, (BILL 5670) No. 3374*' (Approved Fehruciry 8,1973) To Approve the Workable Program Certification in Accordance With the Provisions of the Federal Housing Act of 1946, as Amended. WHEREAS the Housing Act of 1946, as amended, requires as a condition of Federal financial assistance in renewal and housing programs, the submission of a workable program for community improvement, which shall include an official plan of action for effectively dealing with the problem of urban slums and blight within the community and for the establishment and preservation • of a well-planned community; and WHEREAS the aforesaid Housing Act requires further that the aforesaid workable program be approved by the Governing Body ^ and the Chief Executive of the Coimnunity; Now, Therefore, L.J. AUTO REPAIR, LLC D/B/A L.J AUTO REPAIR SUPPORTING BUSINESS DOCUMENTS ( N/A ) Financial Statements/ Business Plan (X ) Business License Expires: 07/31/2026 (X ) Certificate of Liability Insurance (if already on property) Expires: 10/02/2026 ( N/A) Articles of Incorporation (X ) Articles of Organization ( N/A) Certificate of Limited Partnership ( X ) Tradename Certificate (if applicable) Expires: 07/21/2027 ( X ) Corporate Resolution/ Memo Authorizing Signature Dated: 07/16/2025 Expires: n/a ( X ) Certificate of Good Standing Dated: 07/16/2025 Expires: 06/30/2026 ( N/A ) Certificate of Existence Dated: n/a Expires: ^/A • ''Wgin THE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF LICENSING AND CONSUMER AFFAIRS BUSINESS LICENSE KNOW ALL BY THIS PRESENT That, in accordance with theapplicable provisions ofTitle 3 Chapter 16andTitle 27V.I.C. relating tothelicensing of businesses and occupations, and compliance having been made with the provisions of 10 V.I.C. Sec. 41 relating to the Civil Rights Act ofthe Virgin Islands, the following license is hereby granted. Licensee: LJ. AUTO REPAIR LLC Trade Name: l.J. AUTO REPAIR Mailing Address Physical Address 3668 ALTONA25 SUBBASE # 22 ST.THOMAS ST.THOMAS ST. THOMAS VI 00802 ST. THOMAS VI 00802 Business No: 68989 License No: 1-68989-1L Types of License(s) 1 Garage & Repair Shops ••, As provided by law,the authorized licensing authority shall havethe powerto revoke or suspend any License issued hcreunder, upon finding, after notice and adequate hearing, that such revocation or suspension is in the public interest; provided, that any persons aggrieved by any such decision of this office shall be entitled to a review of the same by theTerritorial Court upon appeal made within (30) days from the date of the decision;provided, further,that all decisions of this office hcreunder shall be final except upon specific findings by the Court that the same was arrived at by fraud or illegal means. r2DZ5 If a renewal is desired, the holderis responsiblefor makingapplication for samewithout any notice fromthis ofTice. It is theresponsibility of the Licensee to notify the Depaitmcnt in writing within (30) days, when a license is to be cancelled or placed in inactive status. Failure to do so will result in the assessment ofpenalties as authorized by law. Valid from 07/15/2025 until 07/31/2026 Printed on Issued at Fee 07/15/2025 St. Thomas,V.I. 260.00 H. Nathalie Hodge Commissioner, Department of Licensing and Consumer Affairs THIS LICENSE MUST BE PROMINENTLY DISPLAYED AT PLACE OF BUSINESS Trade Name No. TN0134682 Government of The United States Virgin Islands -O- Office ofthe Lieutenant Governor Division ofCorporations & Trademarks TRADE NAME REGISTRATION To Whom These Presents Shall Come: I, the undersigned Lieutenant Governor of the United States Virgin Islands, do hereby certify that the Office ofthe Lieutenant Governor, Division of Corporations and Trademarks, has in its custody the applicable documents seeking for the registration ofthe following Trade Name. Trade Name No. TNO134682 Trade Name L.J. AUTO REPAIR Nature of Business Services, Automotive Repair, Services, and Parking Registrants L J. AUTO REPAIR LLC Business Location Subbase #22, Charlotte Amalie, United States Virgin Islands, 00802, United States Mailing Address 3668 Altona, Charlotte Amalie, United States Virgin Islands, 00802, United States Original Registration Date July 21, 2025 Renewal Date July 21, 2027 Witness my hand and the seal of the Government of the United States Virgin Islands, on this 21st day of July, 2025. Tregenza A. Roach Lieutenant Governor United States Virgin Islands BusinessEntityNo. DC0I34427 I / . V \ a i®# Government of The United States Virgin Islands -0- Office oftheLieutenantGovernor Division ofCorporations & Trademarks CERTIFICATE OF GOOD STANDING To Whom These Presents Shall Come: I,the undersigned Lieutenant Governor the United States Virgin Islands, do hereby certify that L^I. AUTO REPAIR LLChas filed intheOffice oftheLieutenant Governor therequisite annual reports and statements as required by the Virgin Islands Code, and the Rules and Regulations ofthis Office. In addition, the aforementioned entity has paid all applicable taxes and fees to date, and has alegal existence not having been cancelled ordissolved as far as the records ofmy office show. Wherefore, the aforementioned entity is duly formed under the laws ofthe Virgin Islands ofthe United States, is duly authorized to transact business, and, is hereby declared to be in good standing as witnessed by my seal below. This certificate is valid through June 30th, 2026. Entity Type:Domestic Limited Liability Company Entity Status: In GoodStanding Registration Date: 07/11/2025 Jurisdiction: United States Virgin Islands, United States Witness my hand and the seal ofthe Government of theUnited States Virgin Islands, onthis 16th day ofJuly, 2025. 071620250398 Tregenza A.Roach Lieutenant Governor United States Virgin Islands ^coreF certificate of liability insurance DATE(MM/DD/YYYY) 10/23/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATEDOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND,EXTENDOR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATEOF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Caribbean Risk Group 5060 Forts Straede Suite 2 St. Thomas VI 00802 CONTACT Diane McDonald K .-,. (340)774-2323 (883)223-1445 A^ESS: dmcdonald@crgvi.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A CERTAIN UNDERWRITERS AT LLOYDS INSURED L.J Auto Repair 22 Subbase Southside, #6 St. Thomas VI 00802 INSURERS INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: CL25102302872 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYREQUIREMENT.TERM OR CONDITIONOF ANYCONTRACT OR OTHER DOCUMENTWITHRESPECT TO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAYPERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR UTR TYPE OF INSURANCE COMMERCIAL GENERAL UABILRY CLAIMS-MADE n OCCUR GENIAGGREGATE LIMIT APPLIES PER: POLICY I IjIct I ILOC OTHER; AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY UMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below Y/N • lADDin INSD WVD POUCYNUMBER B1065C009425000 -ponsTipr (MM/DD/YYYY) 10/02/2025 (MMmP/YYYY) 10/02/2026 DESCRIPTION OFOPERATIONS / LOCATIONS I VEHICLES (ACORD101. Additional Remarks Schedule, may be attached Ifmore space Is required) Itis hereby noted and agreed that Departmentof Property and Procurement Isadded as an additional insured for their respective rights and interests. UMITS EACH OCCURRENCE DAMACi; TO RENTED PREMISES (Ea occurrencet MED EXP (Any one person) PERSONAL &AOV INJURY GENERALAGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea acddent) BODILYINJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE PER STATUTE E.L. EACH ACCIDENT OTH ER E.L. DISEASE • EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 1,000,000 100.000 1.000 1,000.000 1,000.000 1,000.000 CERTIFICATE HOLDER CANCELLATION Department of Property and Procurement SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8201 Subbase Rd #4, Charlotte Amaile West AUTHORIZED REPRESENTATIVE r, P // St. Thomas 1 VI 00802 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONTRACT ENDORSEMENT Unique Market Reference: B1065C009425000 Endorsement Reference: 001 Original Insured: LJ. Auto Repair CONTRACT CHANGES This contract is amended as follows: ENDORSEMENT EFFECTIVE DATE: 30 October 2025 TYPE: Garage Keepers Legal Liability INFORMATION: It is hereby noted and agreed by Underwriters that: Additional Insured: Government of the Virgin islands 8201 Subbase, Suite 4 St. Thomas, VI 00802 Same ownership and control. No AP/RP applicable All other terms and conditions remain unchanged Note: Where more than one insurer participates in the contract, the contract terms may mean that it is not always necessary to obtain a record of agreement to the Contract Endorsement from all of those insurers. InternationalRiskSolutions Limited, a Lloyd'sbrokerauthorised and regulated by the FinancialConduct Authority. Registered Office33 Creechurch Lane, London EC3A5EB. Registered Number 3978143 England. Unique Market Reference: Endorsement Reference: Original insured: CONTRACT ENDORSEMENT B1065C009425000 001 L.J. Auto Repair CONTRACT ADMINISTRATION AND ADVISORY SECTION SETTLEMENT DUE DATE: ALLOCATION OF PREMIUM TO CODING: N/A in the absence of an insurer specified Settlement Due Date, the Settlement Due Date willbe calculated by applying the terms of trade for the original premium to whichever is the later of either: 1 the latest effective date of the subject matter of the contract endorsement; or 2 the date on which the final insurer agreement is obtained. Additional / Retum premium allocated Ail other terms and conditions remain unchanged. AGREEMENT GENERAL UNDERWRITERS AGREEMENT (GUA) Each Underwriter's proportion is several not joint Slip Leader Only l-f'" T 1 01/12/2025 Slip Leader And Agreement Parties Ail Underwriters Note: Where more than one insurer participates in the contract, the contract terms may mean that it is not always necessary to obtain a record of agreement to the Contract Endorsement from all of those insurers. International Risk Solutions Limited, a Lloyd's broker authorised and regulated by the Financial Conduct Authority. Registered Office 33 Creechurch Lane, London EG3A 5EB. Registered Number 3978143 England. THE UNITED STATES VIRGIN ISLANDS Articles ofOrganization LJ. AUTO REPAm LLC (PC0134427) General Details UaBdttng OptitHi Delayed EffectiveDate TypeofUmitedLiability Company Standard Processing LimitedLiability Company Proposed Company Name Select a Reserved Name No LJ. AUTO REPAIR LLC Business Addresses USVl Lieutenant Governor Filed:July08.2025 04:28 PM BID:DC0I34427 Physical Address Principal Officeor Place of Business Mailing Address MaiUng Address Subbase#22.Charlotte Amalie. UnitedStatesVirginIslands.00802. United States Business Details Term Nature ofBusiness/Purpose Additional Purpose DetaOs: Amount of Capital Managed By Members Liability Mailing Addressis thesame asthePhysical Address Perpetual Other, Other GarageandMechanic autorepair 1.000.00 MemberManaged Members are not liable Man^/Member Individual Name Status PhysicalAddress MaiUngAddress Position Manager/Member Individual Name Status PhysicalAddress MailingAddress Position Signature(s) Name Position Date Name Position Date I DECLARE, UNDER PENALTY OF PERJURY, UNDERTHE LAWS OF THE united STATES VIRGIN ISLANDS, THAT THIS OFFICER HAS AGREED BY RESOLUTION TO THE CHANGES MADE IN THIS APPUCATION. Mr.LucindoE JAQUEZ Active 3668Altona25, CfaartotteAmaiie, UnitedStates Virgin Islands, 00802, United States Mailing Address isdie sameasdienQ^calAddress Member Ms. Maria B NENADICH Active 3668 Altoia25, Chadotte Amalie, United StatesVirgin Islands, 00802, United States 3668 Altona25,CharlotteAmalie, UnitedStates Virgin Islands, 00802, United States Member Mr.LucindoE JAQUEZ Organizer July032025 Ms. Maria E NENADICH Organizer July08 2025 Yes Daytime Contact Name Tekpkwe Enaii 1declare, UNDER penaltyorperjury, UNDER THELAWS OFTHE WITED STATES VIRGIN ISLANDSTHAT ALL STATEMENTS CONTAINED INTHIS AFFUCATION, ANDANYACCOMPANYING DOCUMENTS, ARETRUE AND CORRECT, WITH FULL KNOWLEDGE THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE SUBJECT TO INVESTIGATION AND THAT ANY FALSE OR DISHONEST ANSWER TO ANY QUESTION MAY BE GROUNDS FOR DENIAL, SUBSEQUENT REVOCATION OF REGISTRATION, OR OTHER FINES AND PENALTIES PURSUANT TO THE FRAUDUL^rrCLAIMS STATUTE AS SET FORTH IN 14V.I.C§843. Mis. mniaekoa oeoadicli (1)340-5144)661 pooGliie327@|ho(iDail.coin Yes L.J. Auto Repair LLC 07/16/2025 Dear Sir/Madam: This certifies as a true copy ofthe Corporate Resolution in accordancewith the business and has not been amended or revoked. I, Maria Nenadich, hereby certifythat Iam a member of the business L.J. Auto Repair LLC, a company organized and existing under the lawsofthe U.S. Virgin Islands. Iam the only authorized personnel to make decisions and sign on behalfofthe business. Rerards, Maria E. Nenadich Member Mum. icinmA^quez Member Witness: PROOF OF OWNERSHIP (X ) Deed ( X ) Map (if referenced in deed) ( N/A) Title and Encumbrance Certificate :: 7 / "I '• Cocuit'cees on Interior and Insxzlar Affairs of the Sez;ate and House of Representatives of the United States Congress; and WHSHSAS, by letter dated January 9/ ^967/ the Chairean of the noune Ooasiittee on Interior and Insular Affairs and by letter datuw loceaiber 16, 1966, the Chairean of the Senate Ccmiittee on Interior and Tnaiiit.-!* Affairs have inforaed the Secretary of the Interior that they vioh to t&he no action vith respect to the poroposed conveyance; and WHSHSAS, notice of this conveyance of the lands hereinafter dcccfihiiu has been pifiJliahcd in tho Virgin Itlondfl in tho cnnnor aud fort, rocoired by Section 1(c) of tho coid Act; KOW, THSHSFOaE, the United States does hereby transfer and convv-y w.to the Govenaeat of the Virgin Islands, in accordance with and ouhicct to the said Act, and the tersas and conditions hereof, all It- ri^t, title and interest in the following described lands: QUITCLAU< DEED ^Tiiis QUTTCZAIX DEED, made this day of , 19^37, hy and between the United States of Aacrica, action by and through the Seerctary of the Xntcrior, and the Oowsroncnt of tho Virgin Zslonds, VITJuSSSEE:: VH2BEAS, the Coverament of the Virgin Xalands has re<iuestcd the oeci-utory of the Interior to convey the lands hereinafter described to t'aj CcvcRzent of the Virgin Islands, pursmnt to the Esrrltorial Subnorjcd Lands Act, 77 Stot. 338, itQ U.S.C. 1701 (1963), for specific econo-ic developaent purposes; and VSSSZAS, pursuant to Section 1(c) of the said Act, on Leccnbor 13/ 1966, an explanatory stateaent was subzoitted to the .mCT (4) SSCTION (1) FORMER KAVAL SUBiMAECS BASS, ST. ^a^IAS, Y.Z. r.'.:-T :r,ci ?.V.Drav/ing K0.A3-97-T66. Bcginr.inj (.t joint "A" located Korth 7 degrees 00 minutes West, a dis'vinco of 255.0 feet, from the northwest comer of the tender pier, the line runs: :«orth 24 degrees 30 minutes Sost, a distance of 600.O feet, to a point; thence ^rcrth 1 degree 45 minutes West, a distance of 100.0 feet, to a point; thence South 55 degrees 30 minutes Bast, a distance of I9O.O feet, to a point; thence liorth 34 degrees 00 minutes Bast, a distance of 200.0 feet, to a point; thence Ivorth 50 degrees 00 minutes Bast, a distance of 175*0 feet, to a point; thence South II degrees 30 minutes West, a distance of 640.6^eet, to ajpoiat; thence South 49 degrees 25 minutes But, a distance of 175*0 feet, to a point; thence South 26 degrees 37 minutes West, a distance of 77.S feet, to a point; thence Korth 5o degrees 50 minutes Vest, a disteuice of 170.0 feet, to a point; thence South 34 degrees 15 minutes West, a distance of 400.0 feet, to a point; thence South degrees 30 mitutes Bant, a distance of lOO.O fedt, to a point; thence South dl degrees 30 minutes Vest, a distance of 55*0 feet, to a point; thence Berth 59 degrees 10 minutes West, a distance of 100*0 feet, to the point of *oeginni::g. The area is 2.80 acres distances are in U.S. Feet. TRACT (4) SSCTIOii (2) FORICT I'AVAL SUBHARIKB BASS, ST. THOMAS, V.I. Ioginr.i.v' at point "X" located oa the ohorcliae and tsitR the southeast comer of tract 3 (U.C.T. training facilities) the lino runs: South 37 digrcca iS mlnucos Vest, a distance of 55.0 feet to a point; tneace Horth 52 degrees 40 minutes West, a distance of 2S2.5 feet, to a point; thcace South 37 degrees id minutes West, a distance of UO.O feet, to a point; thcace h'orth 3'' degrees 00 ainutes West, a distance of 30.0 feet, to a point; thence :>07%h 57 <ic2rcea l8 minutes Soat, a diotonco of 370*0 feet, to a point; thence I^orth $2 decrees ^ minutes Vest, a distance of 115*0 feet, to a point; thence South 6o degrees 18 minutes Vest, a distance of 156.0 feet, to a point; thence South 60 degrees 3d minutes West, a distance of 30.0 feet, to a point; thence :«orth ^3 degrees 20 minutes East, a distance of 60.0 feet, to a point; thence h'orth 63 degrees 30 minutes East, a distance of I90.O feet, to a point; thence Sorth 69 degrees ^ minutes East, a distance of 250.0 feet, to a point; thence h'orth Si degrees 10 minutes East, a distance of 200.0 feet, to a point; thence South So degrees 05 minutes East, a distance of I9O.O feet, to a point; thence South 71 degrees 00 minutes East, a distance of IIO.O feet, to aipoint; thence *»orth B6 degrees 10 minutes East, a distance of 95*0 feet, to a point; thence South 37 degrees IS minutes Vest, a distance of 50.0 feet, to a point; thence Along tlut shore line passing pier "C" and pier "B", to the point of •beginning. Che area is 6.^7 acres AH distances are in U.S. feet TSACT (h) SECTION- (3) POSKSR NAVAL SuBHARISS BASE, ST. THOMAS, V.X. Eeglnnlcg at point "C" located North 85 degrees 30 minutes East, a of 760.0 feet, from V.I. Corporation, Monument 2, the line runs: North >1 ujgrces 15 minutes East, ft distance of 9^»0 feet, to a point; thence Korth 37 ungrees 00 minutes Eoot, a distance of 110.0 feet, to a point; thence liorih Y? OJ minutes East, a distance of ^5.0 feet, to a point; thence Souti* iio degrees iiO minutes East, a distance of 130.0 feet, to a point; thcace South 12 degrees 00 minutes East, a distance of $0»0 feet, to a point; thence South 20 degrees 30 minutes West, a distance of 3^.0 feet, to. a point; thcace South dO cdjgrees 00 minutes West, a distance of 125*0 feet, to a point; thence ^7 Sou'v.. iS acgrccs 00 adjiutea Vcst| a diatonce of ULO.O feat, to a point; tbonci SouUi I degrees 05 ainutea Vest, a diotonce of 170.0 feet, to a point; tbcoce South vT degrees 30 ainutes Vest, a dlstoaco of 60.0 foot, to a point on the chore lice; thence Along the shoreline in a gexusrol northerly direction, to tho .point of hcginTiing. 7ne eren la 1.5^ acrea ' All diatancea are in U.S. Feat TRACT (t) SSCTIOS {h) F0RK2R KAVAL SUBMARISS BASE, ST. OSOMAS, V.X. Reference; I i DDrawing No. 839 062 also P.V.'.yrawing Ne.A^-97-T66. 3c5inr.ing ct a point located North 87 degrees 00 ainutes Eoat, a distance of 100.0 feet, froa V.I. Corp. tionxsaent 8, the line nma: South 75 degrees 45 aiinutea West, a distance of lOO.O feet, to a point; theno South 8 degrees 45 ainutes Vest, a distance of 280.0 feet, to a point; thence South IT degrees 00 ainutes East, a distance of 170*0 feet, to a point; theac South ol degrees 50 ainutes East, a distonce of 100.0 feet, to a point; then© South 49 degrees 15 ainutes East, a distance of 150.0 feet, to a point; thene> South 84 degrees 20 ainutes East, a distance of 95*0 feet, to a point; thence South 5 degrees 45 ainutes West, a distonce of 135*0 feet, to a point; then© South lo degrees 30 ainutes Vest, a distance of 140*0 feet, to a point; then© North 29 degrees 15 ainutes West, a distance of 130.0 feet, to a point; then© h'orth 5 degrees 15 ainutes West, a distance of 120*0 feet, to a point; thence North 37 degrees 00 minutes West, a disteunce of 95*0 feet, to a point; thence North 71 degrees 50 ainutes West, a distance of 145*0 feet, to a point; thenc North 17 deuces 45 ainutes Vest, a distance of 100.0 feet, to a point; thenc North 33 degrees 45 ainutes West, a distance of 80»0 feet, to a point; thence 9 45 aiautco Sost, a diotaaca of X60.0 feet, to & point; thcnco Itorth 12 t^grecB 15 minuteo West, a distance of 9?.0 feet,.to a point; thence :«'orLh 20 degrees 00 minutes Saot, a distance of 130.0 feet, to a point; thence ^'orth 49 degrees 45 minutes East, a distance of 50*0 feet, to a point; thence South T> desreos 20 minutes East, a distance of S7>3 feet, to the point of "bcginains. i'hc area is 1.37 acres All distances are in U.S. feet As reqviired by Section l(e) of the Territo;rial SvLcmerged lands Act, this conveyance is made without the:pover or right to rcconvey title to the siibject lands. \ Xhiited States excepts and reserves all deposits of oil, gin, and other minerals, but the teza "minerals" shall sot inclulj sand, gravel, or coral. TO H/^VS TO HOZJ} the same unto and to the use of the Govemcont of the Virgin Islands forever. Under IK WITKSSS W&E8S0F, tbe/Secretary of the Interior has signed and sealed this deed in behalf of the United States on the d^ and year first above uritten. UNITED STA3ES 0? AMERICA •// By J UdJ Secretary of the Interior ' In pi^dseace of: ACX^'OWISBG^ENT 0? COLUMSIA) ) 6S v3!aY Vi'AS2i±2tvD026 } Cn vhis .2i^ day of <u.nA. fC. J ii tiu5 year I967, before me ^7X 7^ • ^ Kotaiy iy 7 ^ ^ Public, personally appeared Charles P. Luce, vho acJcoowledced biase** to be the under. Secretary of the Department of the Interior, and that he, as such officer, being authorized so to do, executed the foregoing ins Serial iL 457S9 DISTRICT OF COLUMBIA iCi ..u.WuoM Tbe6S ?«£«wt8 SitAU. Coxfc CwKacc: .^«T:uag of eud Notary PiAlk aid »>• - c™«i tl« S«i of lie Dinrict of wSklfbS^od'^J hoo hor«at do. Of 67 " °®°°- Pr vD.C. SEAL) n'lnuiiij o^liTu'ifiSisa;^;;^—*' c o — vO o.—s: rr>—uj :..d JiOT/JiY ?UB'JC. •r^-rrr>. .»oc-.ord«^ • Afue fdVn^^'* . w-i tjH- aox^ \n A^S.\n^SIKT TO QUITCLAIM ICSS Siis AKESIlK2kT jBade this ^day of April, 196?, *uy and. the l^ted States of Aaerica, acting through the UncLer SccretaTj' of the Interior, end the Govemioeat of the Virgin Islands, acting through the Governor of the Virgin Islands, ^.ITSrSSETH: V.IZHSAS, by Quitelain deed dated February 9, 196?^ a copy of which is attached hereto and sade a part hereof, the United States of Ancrica acting through the Secretary of the Interior, conveyed the lanes described therein to the Govemaent of the Virgin Islands 17.rsuant to the Territorial Subserged Lands Act, 77 Stat. 33d, u*S«C>j and hl-HiQAS, the Govermzent of the Virgin TaiaT»!« wishes to ^ _ transfer certain of the lands thus conveyed to it to the Virgin _' ^ Islands Water and Power Authority; and WrlSBSAS, pursuant to section 1(c) of the said Act, on I-hrch 31, 1907, an explanatory statesent was subsiitted to the Ccccnixtoos on Interior Insular Affairs of the Senate and oouse of P^p.-esentatives of the United States Congress; and WSaSAS, by letter dated April 10, 1967, the Cbaircan of tlus Houne Cosaittee on Interior and Insular Affairs and by letter w.tod April 10, I967, the of the Senate Cocmittee on Interior and Affairs have infonaed the Secretary of the Interior that -heir respective C^snittees have no objections to the proposed transfer; and ^ / notice of proposal to aicend the February 9i 19^7^ ^ulzolai3 died by Adding language pemittiDg such transfer has bees published in the Virgin Islands in the manner and form required sccvion 1(0) of said Act; 2KS3SP035, in consideration of the premises it is mutually agreed that the quitclaim deed dated February 9^ ^9^7* by and ecuwaen the United States of America (grantor), acting xhrou^ the Secretary of the Interior, and the Govemaent of the Virgin Islands (grantee) be and it hereby is amended by adding nbereto after the paragraph at page 5 thereof vhich reads as follows: As required by section 1(e) of the Iterritorial Submerged lands Act this conveyance is made without the power or right to reconvey the subject lands. the follo'.-ir^ proviso; Provided, however, that the Goverrjceat of the Virgin Islarns cay convey to the Virgin Islands Water and Power Authority in fee simple absolute -tiWkt portion of the former naval submarine base known as 2ract (^), Section (t) as more particularly described in Public '.'forks Drawing ?o. A3-97-I66 and vhich metes and bounds description has been published, as aforesaid and that such conveyance shall be without cost to the Virgin Islands 'cfater and ibwer Authori-^. Ihis AKS^'SiS!? to the quitclaim deed will be recorded by the Covcmsent of the Virgin Taiannft a-t -the same tiae and together with ius deed of conveyance to the Virgin Islands Water and Bower Authority. H WHSQSS.WBEBSOP the tAiited States of Aiserica, acting through the Secretary of the Interior, and the Government of the Vir^ir. Islands, actins through the Governor of the Virgin Islands, have cXfixod their hands and seals on the year and day first above v?ibten« mZES SSASES OP AMERICA In the presence of: hi the, preaence of: C / — r' -s--.- -> SL By Uader Secretary of the Interior GOVERiSMSSI OF THE VIBGIS ISIAhlS AC:^I0WL3IX}^SS? isciicc CP ccnaaiA) cm CP VASSCSGTCSf j ss On this /''•i 6&y of in the year 15S7, before ne . a notary Public, personally appeared Charles F. Isice, vho actaiowleQ^d hioself to oe the Under Secretary of the Qepartcent of the Interior, and that he, as such officer, being authorized so to do, executed the foregoing a.-^truaent for the Unlned States of Aserica. In Vitncso 'Whereof I hereunto set cy hand and seal. X3. notary Public ^ c«sstf«fco «,t_ '•<»«*»>' lasa. ••a. I ^ . IRiCt"J) IlLsfAT.. REAL ESTATE ACQUISiTION SUMMARY TRACT i^EAOe jESTATE ACQUIRED . HOW ACQUIRED j RECQRDATION DATA . .'c: / K a o » : I . \ .....v-pj Ts^" •'ri • ttjMt? ' ' • N- \ i « 7^5-—-^ •^7: '' ^ i Atiiriaa-itTt 'i J • ®^.T; EASEMENT GRANTS AFFECTIMO OOVT-TITLE ^TRACT AC. j DCSCRlPTIOM ' ORAR t. 1 t ' r!9 fc'A>G»i or«*r roA OIL >iPELixi; • !y:«o:» uu 7 'l ;• JP j 20'R/Wf-PQWCP t.i»»g TO POJWKE PlEtD e . I .fZ Sp'lVW-POSTER line TO5V:..NAxitfc DASE V } I 31 ' 20*«*^W->'CWtfi LINE 10 CrtA»LOT*E *MAL»t ;o (CM » i 0 84 ^ . iz : 0.32 i lO'R/W-ACCESS ROAC TO VWORP POWER RLAHT 1* _" 13 i O.Zi> 1 »'R/»-SALrVfcATCPplPGlt\l • ! . >(> I A.«rCRAnOEVA:3 0CNAI|AOO&RCtOCRAftLCTTf \ IHMlClM MM rAtr. sMiiMPOt. SUHMAR^ i '.TATE «C3L'ILtr. I ACI^Ct.™! pZ-:iL-:l_.2GHZ] 1 fAUMtUT j i€C I V jiUAtosLjiaaaLmi.- ft o«i rawATA '• VAO l«i««9 Am O/AO tAv ^l»4 ««• r/P/»» usest Si<A4T.93 PVSLIP ROATS ir OO'J'Rf »:tL T Y T T T' w-.yte- >p'w:d* 4 2^ / 3^^ SUBMARINE BASE.NET DEPOT^SECTION BASE MAP OF U.S.NAVAL STATION SXTHOAVAS.V.I. U. S.A SHOWING COnQiTON i ON JUNE 30,1945 scALtof F€ei «r A' *r. c: 7? 5 r. er a: >' C- rr, rf. Act No. 3056 VIRGIN ISLANDS SESSION LAWS 1971 council shall insofar as possible be geographical. No member of the council shall be a licensee under this chapter. The council shall organize, elect a chairman and thereafter meet upon call of the chairman through the Commissioner. The council shall counsel and advise with the Commissioner and make recommendations relative to the operation and regulation of the industry. Such advisory coun cil members as are appointed by the Commissioner shall serve without pay; however, Government per diem and travel allowances may be claimed for attendance at officially called meetings of the council as provided. i § 1324. Attorney General; enforcement The Attorney General shall be attoraey for the Commissioner in the enforcement of this chapter and shall conduct any investiga- -Iv;! tions incidental to its enforcement. -]• § 1325. Waiver of experience requirements • •••• .•'lit The Commissioner shall waive the experience requirements spec- .-^4 ified in section 1304 of this chapter in the case of any applicant for a license under this chapter if the applicant meets the other requirements of this chapter and if the applicant is conducting a private investigative agency or a watchman, guard or patrol agency on the effective date of this chapter. Section 2. The Act shall be effective August 1,1971. Approved May 28,1971. (BILL 5056) No. 3057 (Approved May 28, 1971) To Amend Title 29, Chapter 10, Relating to the Virgin Islands Port Authority, Be it enacted by the Legislature of the Virgin Islands: Section 1, Subsection (a) of section 541 of Title 29 is amended by striking out the phrase "The Governor of the Virgin Islands and the Director of the Budget" and substituting therefor the follow ing phrase: 214 '5^-1 ^ ' •f.- -Si v.* 1. t • fi 1971 REGULAB SESSION Act No. 3057 "Any two members of his cabinet designated by the Governor". Section 2. Subsection (b) of section 541 of Title 29, Virgin Islands Code, is amended to read as follows; (b) The term of office of each member shall be three years and each shall be eligible for reappointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term. Section 3. Subsection (c) of section 541 of Title 29, Virgin Islands Code, is amended to read as follows: (c) Of the said seven persons, three shall be residents of the Island of St. Thomas, three shall be residents of the Island of St. Croix, and one shall be a resident of the Island of St. John. Section 4. Subsection (c) of section 542 of Title 29, Virgin Islands Code, is amended to read as follows: (c) The Board shall appoint in addition to the Executive Direc tor of the Authority, such other officers, agents, or employees, permanent or temporary, and by contract or otherwise may employ such consulting engineers, superintendents, managers, fiscal, legal and other technical experts, as it may deem necessary and shall determine their qualifications, duties, tenure and compensation. The bylaws of the Authority may provide for the delegation to its Executive Director or its other officers, agent or employees of such of the powers and duties of the Authority as the Board may deem proper. Section 5. The first sentence of section 543 of Title 29, Virgin Islands Code, as far as the first semicolon, is hereby amended to read as follows: The purposes of the Authority shall be to establish, acquire, construct, develop and improve, own, operate and manage any and all types of air and marine terminals; Section 6. The sentence at the end of subparagraph (6) of sec tion 543 of Title 29. Virgin Islands Code, is amended to read as follows: In no case shall the Authority have the power to sell, lease, assign, mortgage, pledge or otherwise dispose of or encumber any real property without the approval of the Legislature (of the Commit tee of the Whole of the Legislature when the Legislature is not in session), and the Governor; Provided, however, That leases for a term of one year or less shall not require such approval; 215 Act No. 3057 VIRGIN ISLANDS SESSION LAWS 1971 Section 7. Subsection (a) of section 551 of Title 29 is amended by deleting therefrom the following provision: Provided, further. That of the total amount of bonds which may be outstanding at any one time hereunder, not less than thirty million dollars shall be available exclusively for facilities on the Island of St. Thomas, not less than thirty million dollars shall be available exclusively for facilities on the Island of St. Croix, and not less than five million dollars shall be available exclusively for facilities on the Island of St. John; Section 8. Section 561 of Title 29, Virgin Islands Code, is hereby amended by the deletion of subsection (b) thereof. Section 9. Subsection (c) of section 561 of Title 29 of the Vir gin Islands Code, is amended by adding the following at the end thereof: Any of the real property which was transferred to the Authority pursuant to paragraph (a) of section 3 of Act No. 2375 (approved December 24, 1968) which does not constitute facilities related to the airport and/or marine activities of the Authority shall be retransferred to the Government of the Virgin Islands. Such trans fer shall be effective as of July 1, 1971, and shall be evidenced by appropriate deeds of conveyance or other legal instruments. Section 10. Section 576 of Title 29 of the Virgin Islands Code, is hereby repealed. Section 11. All activities of the Authority, its properties and personnel, other than that involving Marine and Aviation, and including housing units, beaches, real property leases, fire fighting units shall be transferred to the Government of the Virgin Islands effective July 1, 1971, provided that in the transferral of personnel employees currently holding positions with the Port Authority shaD be given preference in appointments to the extent that such jobs are retained by the Government of the Virgin Islands. Section 12. Land in eastern St. Thomas which has been acquired for the development of a new airport shall not be used for any other purpose without the prior approval of the Governor and the Legislature of the Virgin Islands. Section 13. It is hereby declared that none of the foregoing amendments, separately or collectively, is intended to affect in any way any obligation of the Authority arising out of its issuance of bonds, or any other evidence of indebtedness, or any contract, {•: 216 t K I T-'l 1971 REGULAR SESSION Act No. 8058 lease or other obligation heretofore entered into by the Authority or its predecessors. Section 14. There is hereby appropriated to the Virgin Islands Port Authority the sum of $700,000 out of any available funds in the Treasury of the Virgin Islands for fiscal year ending June 30, 1971, to remain available until expended. Approved May 28,197U (BILL 5069) No. 3058 (Approved May 28, 1971) To Amend Title 18 of the Virgin Islands Code, Pertaining to Elections; To Lower the Voting Age and Remove Literacy Requirements for Electors; and Provide Additional Opportunities for the Registration of Electors. Be it eruLcted by the Legislature of the Virgin Islands: Section 1. Section 261 of chapter 13 of Title 18, Virgin Islands Code, is hereby amended to read as follows: "Except as provided in this chapter, every resident of the Virgin Islands, who is a citizen of the United States and is 18 years of age or over, has the right to franchise, and shall be entitled to vote at all elections if he or she has complied with the provisions of this title requiring and regulating the registration of its electors." Section 2. Sections 1 and 4 of Act No. 2887 (Bill No, 4663), Eighth Legislature of the Virgin Islands, Regular Session 1970, are hereby repealed. Section 3. Subsections (d) and (e) of section 100 of chapter 5 of Title 18, Virgin Islands Code, are redesignated as subsec tions (e) and (f), respectively, and a new subsection (d) is added to said section 100 to read as follows: "(d) If the applicant for registration shall allege inability to sign his name, then he shall be required to present affidavits, sub scribed in person before a member of the board or the clerh, of two electors who are personally acquainted with the applicant and who know his qualifications as an elector. Each of said two electors shall state in his affidavit the applicant's residence, his own resi dence, his knowledge of the statement made by the applicant 217 1968 FIFTEENTH SPECIAL SESSION Act No. 2375 (Bill 3863) No. 2S75 (Appi'oved December tU, 1968) To Create the Virgin Islands Port Authority; To Authorize tlie Issuance of Bonds for the Port Authority, and for Other Purposes. Be it enacted by the Legislature of the Vij'gin Islands: Section 1. A new chapter 9 is added to Title 29 of the Virgin Islands Code, as follows: Chapter 9. Virgin Islands Port Authority Subchapter /. Declaration of Policy and Definitions § 501. Declaration of policy (a) The powei*s conferred by this chapter are for public uses and purposes and are proper governmental functions for which public money may be expended, private property may be acquired, by eminent domain or otherwise, property may be exchanged, leased, mortgaged, assigned, sublet, or sold, and bonds or other obligations may be issued pursuant to section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, or any other such authority as may hereafter be conferred by Federal Law, or by the laws of the Virgin Islands, (b) The provisions enacted in this chapter are hereby declared to be necessary in the public interest, and the facilities herein au thorized are declared to be public improvements and public imder- takings. • § 502. Definitions I (a) The term "Authority" shall mean the Virgin Islands Port Authority created by this chapter, { (b) The term "Board" shall mean the Governing Board of the ^ Authority. (c) The term "Bonds" shall mean the bonds, temporary bond.s, refunding bonds, debentures, notes, interim bonds, receipts, cer- ^ tificates, or other evidences of indebtedness or obligations which are authorized to be issued by this chapter, but shall not include the debts or accounts incurred in the usual course of business for e.xpenses of tlie Authority. 389 Act No. 2375 VIRGIN ISLANI^S SESSION LAWS 1968 (d) The term "Holder of bonds" or "Bondholders" or any similar term shall mean any person who shall be the bearer of any out standing jjond or bonds registered to bearer, or not registered, or the registered owner of any outstanding bond or bonds which at the time .shall be registered other than to bearer. (e) The tex-m "Federal agency" shall mean the United States of .America, the rrosident or any department thereof, or any corpora tion, agency or instrumentality heretofore or hereafter created, designated, or established by the United Stales of America. (f) "Air terminals" shall mean developments consisting of run ways, hangars, control towers, ramps, buildings, structures, park ing areas, improvements, facilities or other real and personal prop erty necessary, convenient or desirable for the landing, taking off, accommodation and servicing of aircraft of all types, including but not limited to airplanes, all-ships, dirigibles, helicopters, gliders, amphibians, seaplanes, or any other contrivance now or hereafter used for the navigation of or flight in air or space, operated by carriers engaged in the tx"ansportation of passengers or cargo, or for the loading, unloading, intei-change or transfer of such passen gers or their baggage, or such cargo, or otherwise for the accom modation. use or convenience of such passengers, or such carriers or their employees or of the persons visiting the airports, or for the landing, taking off, accommodation and servicing of aircraft owned or operated by persons other than carriers, as well as prop erty acquired by the Government of the Virgin Islands to be used for air facilities. (g) "Marine terminals" shall mean developments consisting of one or more public piers, wharves, docks, bulkheads, slips, basins, -sidings or other buildings, structures, equipment, facilities or im provements, or other real or personal property, necessary or con venient to the accommodation of steamships, tugs, freighters, boats or other sea going vessels and their cargoes or passengers. (h) "Industrial, commercial, residential and recreational develop ment" shall mean developments, consisting of warehouses, quarries, cement block plants, sewage disimal plants, public dumps, pax-k ing areas, wholesale and retail outlets, hotels, motels, apartments, guestliouses, restaurants, office buildings, and related activities. (x) "Facility" shall mean an air terminal, marine tei minal or an industrial, commercial, residential and recreatioxuil development, or or any two or mox-e of them collectively. 390 1968 FIFTEENTH SPECIAL SESSION Act No. 237.% (j) Words impoi-ting the singular numbex- shall include the plui-al number and vice versa, and wox-ds impox-ting persons shall include firms, partnerships of .ill kinds and corporations. Stibchapter II. Virghi Islands Port Authority § 503. Creation of Virgin Islands Pox-t Authority (a) The Governor of the Virgin Islands, the Director of the Budget, thre^e members to be appointed by the President of the Legislature, and four other persons, not more than two of whom shall he employed by the Government of the Virgin Islands or by the Government of the United States, are hei-eby established a body corporate and politic constituting a public corporation and auton omous governmental instx-umcntality of the Government of the Vix-gin Islands, by the name of the "Virgin Islands Port Authority." (b) Thx-ee of the members shall be appointed by the President of the Legislature, not more than two such members shall be a resident of the same District. The tex-m of office of each such meml>er shall be two years and each shall be eligible for reappoint- ment. Any person appointed to fill a vacancy occun-ing pi-ioi* to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such texin. (c) The four persons, at least two of whom shall not be em ployed by the Government of the Virgin Islands or by the Govern ment of the United States, shall be appointed by the Govenxor with the advice and consent of the Legislature, and two shall be residents of the District of St. Thomas-St. John, and hvo shall be residents of the District of St. Croix. Such persons shall be appointed for a term of three yeai-s, except that any person appointed to fill a vacancy occurring pi-ior to the expiration of the tei-m for which a prede cessor was appointed shall be appointed only fox- the remainder of such term. Each such appointed member shall sex*ve until the ap pointment and qualification of his successor. (d) Governmental members of the Authority shall be entitled to no compensation for their sei-vice a.s members. Noxxgovernmental membei-s shall be entitled to compensation at the rate of $20.00 per day or fraction thei-eof spent in the work of the Autliority. All meml^evs shall be entitled to x-eimbursement for, or pex- diem in lieu of. necessax-y travel expenses. (e) The Authority hereby created is and shall be a govei-n- raental instrumentality subject, as provided for herein, to the Act No. 2375 VIRGIN ISLANDS SESSION I^WS 1968 control ofthe aforementioned members, acting in their capacity as members of the Govei-ning Board thereof, but it is a corporation having legal existence and personality separate and apart from the Government and the ofiicors controlling it. The debts, obligr.tions. contract, bonds, notes, debentures, receipts, expenditures, accounts, funds, facilities, and pmperty of the Authority shall be deemed to bothose of said Authority and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, com mission, municipality, branch, agent, offices or employee thereof. § 504. Governing Board and other personnel of Authority (a) The powers of the Authorityshall be exercised by a Govern ing Board consisting of the members of the Authority acting as a board. Within one hundred and twenty (120) days after this chapter becomes effective, the Boai-cl shall meet at the call of the Governor and organize, elect a Chaiiman, Vice Chairman, and, as soon as practicable, shall appoint an Executive Director of the Authority who shall be authorized to attend all meetings of the Board but shall not be entitled to vote. (b) Fivemembers of the Board shall constitute a quorum for the pui-pose of organizing the Authority and conducting the business thereof and for all other purposes, and all action shall be taken by a vote of the majority. (c) The Boara shall appoint in addition to the Executive Director of the Authority, an Assistant Director for Marine Activity, an Assistant Director for Aii-port Facilities, and an Assistant Director for Industrial Development, and may appoint such other officers, agents, or employees, permanent or tempoi-aiy, and by contract or otherwise may employ such consulting engineers, superin tendents, managers, fiscal, legal and other technical experts, as it may deem necessary, and shall determine their qualifications, duties, tenure and compensation without regard to 3 V.I.C. chapter 25. The bylaws of the Authority may provide for the delegation to its Executive Director or its other officers, agents or employees ofsuch ofthe powers and duties oftheAuthority as theBoard may deem proper. (d) The Executive Director shall be appointed by the Board exclu-sivoly upon the basis of merit as determined by technical training, skill, e.xperience, and other qualifications best suited to carrying out the purposes of the Authority. The Executive Director 392 196S FIFTEENTH SPECIAL SESSION Act No. 2375 shall be removable by the Board but only for cause and after notice and an opportunity to be heard. § 505. Powers of Authority The purposes of the Authority shall be to establish, acquire, construct, develop and improve, own, operate and manage any and all types of air terminals, marine terminals and Industrial, com mercial, residential and recreational developments, and to make available the benefits thereof in the widest economic manner, thereby promoting the general welfare and increasing commerce and prosperity. -The Authority is granted and shall have and may exercise all rights and powers necessary or convenient for carrying out the aforesaid purposes, including but without limiting the gen erality of the foregoing, the following: (1) to have perpetual existence as a corporation; (2) to adopt, alter, and use a corporate seal which shall be judicially noticed; (3) to make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, pro viding for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (4) to sue and be sued in its corporate name; (5) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers; (6) to acquire by any lawful means (except by exercise of the power of eminent domain), own, hold, develop, improve, redevelop,, enlarge, extend, I'epair, maintain, use and operute any property or interest thei*ein; and to sell, lease, exchange, transfer, assign, mortgage, pledge or othei'wise dispose of, or encumber, such pi'op- erty or any interest therein. In no case shall the Authority have the power to sell, lease, assign, mortgage, pledge or otherwise dispose of or encumber, any real property without the approval of the Legislature; (7) to acquire through condemnation real property and any other pi-operty or rights necessary for carrying out the purposes of the Authority when the approval of the Governor and the Legis lature has been obtained prior to bringing any action for con- damnation; 393 Act No. 2375 VIRGIN ISLANDS SEvSSION LAWS 1968 (8) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and to give security therefor as provided for in subchapter III of this chapter; (9) to make and issue bonds for the purpose of funding, re funding. purchasing, paying, or discharging any of the outstand ing bond.s or obligations issued or assumed by it; (10) to accept grants or loans from, and enter into contracts, leases, agreements, orother tran.sactions with, any Federal agency, the Government of the Virgin Islands, or political subdivisions theieof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; (Ip to invest funds in United States obligations or other se curities approved for investment for the Government of the Virgin Islands; (12) to determine, fix, alter, charge, and collect reasonable rates, fees, rentals and other charges for the use of the facilities of the Authority, or other services or commodities rendered or furnished by it, which shall be at least sufficient, together with all other available moneys, revenues, income, appropriations, and receipts of the Authority from all sources, for the payment of the expenses of the Authority incurred in the conservation, develop ment, improvement, extension, repair, maintenance, use and operation of its facilities and properties, for the payment of the principal of and the interest on its bonds and for fulfilling the terms and provisions of such covenants as may be made with, or for the benefit of, the purchasers or holders of any bonds of the Authority; Provided, That in fixing rates, fees, rentals, and other charges, the Authority shall havein view the encouragement of the widest economically possible diversified use of its facilities consistent with sound fiscal management; and in this connection it is the intention of the Legislature that in fixing such rates, fees, rentals and other Charges the Authority shall take into account the respective expenses, as hereinbefore enumerated in this subparagraph, for the operations of its facilities; Provided, further, That initially, the rates, fees, rentals and other charges for the u.se of the facilities transferred horeunder existing and in force and effect on the effective date of this chapter shall continue in force and effect and that, thereafter, before change.s in the general rate structure for the use of its facilities are made, or, in cases where the Board shall decide to make such changes and 394 1968 FIFTEENTH SPECIAL SESSION Act No. 2.375 deems the immediate effectiveness tliereof to be necessary, then within a reasonable time after such changes are made, a public heai-ing shall be held with respect thereto before the Board or l>efore such hearing officer or officers as the Board may designate to give interested persons an opportunity to advise the Board of their views and of evidence in support thereof, and upon such hearing the Board, pursuant to the powers, duties, and obligations vested in it by this chapter, may alter, suspend, or revoke such changes: (13) to have complete control and supervision of facilities and properties constructed or acquired by it, including the power to determine the char^ter of and necessity for all expenditures and the manner in which they shall be incurred, allowed and paid, and such determinations shall be final and conclusive for all purposes; (14) to prepare, or cause to be prepared, plans, designs, speci fications and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlai-gement or repair of any facility, and from time to time to modify such plans, designs, specifications and estimates; (15) to acquire in accordance with subsection (6) hereof, pro duce, impound, develop, treat, hold, use, transmit, distribute, sup ply, excltange, sell, rent and otherwise dispose of equipment, and'or such other things, supplies and seiwices as the Authority shall deem necessary, proper, incidental, or desirable in connection with its activities under this chapter; (16) to construct or reconstruct any facility, and any additions, improvements and extensions thereto, by contract or contracts and-'or under, through, or by means of its officers^ and employees; (17) to do all acts or things necessai*y or desirable to carry out the powers granted to it by this chapter or by any other Act of the Legislature of the Virgin Islands; (18) to participate in the programs of any Federal agencies in the fields of its authorized activities and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such agencies in achieving the pt)licles and purposes of this chapter. 395 Act No. 2375 VIRGIN ISLANDS SESSION LAWS 1968 St'bchapter III. Botuls of the Authority § 506. Authorization of issuance; security, tax exemption; terms and conditions: etc. (a) By authority of the Government of the Virgin Islands under section 8(b) (i) of tlie Revised Organic Act of the Virgin Islands, as amended, wliich is hereby granted, the Authority may i.ssue and sell bonds from time to time and have outstanding at any one time, exclusive of bonds issued solely for the purpose of exchanging the same in return for the cancellation of bonds either issued by the Authority or assumed by it, bonds not in excess of sixty-five million dollars, in aggregate principal amount, in addition to all sums that the Legislature of the Virgin Islands has authorized or may author ize separately for particular purposes; Provided, however, That re funding bonds of the Authority issued solely for the purpose of ap plying the proceeds thereof to the payment for, or purchase of, bonds issued by the Authority or assumed by it, shall not be in cluded in computing any such limitation until six (6) months after their sale; Provided, further, That of the total amount of bonds which may be outstanding at any one time hereunder, not less than thirty million dollars shall be available exclusively for facili ties on the Island of St. Thomas, not less than thirty million dollars shall be available exclusively for facilities on the Island of St. Croix, and jiot less than five million dollars shall be available exclusively for facilities on the Island of St. John; and Still Further Provided, That before any facility shall be financed by the issuance of bonds hereunder such facility shall be authorized by Act of the Legislature. (b) Payment of the bonds of the Authority may be secured by a pledge of or lien on all or any part of its properties, contracts, gross or net rates, fees, revenues, other income or bond proceeds to which the rights of the Authority then exist or may thereafter come into existence, or by pledge of or lien on Jiny loan, grant, or contribution, or parts thereof, from any Federal agency, the Gov- eiTiment of tlie Virgin Islands or any other source. It is the in tention hereof that any pledge of revenues or other monies, or of a revenue-producing contract or contracts made by the Authority shall be valid and binding from the time when the pledge is made; that the revenues, or other monies or proceeds of any contract or contracts so pledged and thereafter received by tlie Authority shall 396 1968 FIFFEENTH SPECIAL SESSION Act No. 2S75 immediately be subject to the lien of such pledge without any phys ical delivery thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contracts or otherwise against the Authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is ci*eated need be recorded. (c) In accordance with section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the bonds of the Authority shall be exempt as to principal and interest from taxation by the Goveni- ment of the United States, or by the Government of the Virgin Is lands, or by any state, territory, or possession, or by any political subdivision of any state, teiTitory or possession, or by the District of Columbia. (d) Bonds of the Authority shall be authorized by resolution or resolutions of the Board, and shall cdmply with all pertinent pro visions of the Revised Organic Act of the Virgin Islands, as amended, or such other provisions of applicable Federal law as may be in effect at the time. Except as otherwise provided for by said Act or other Federal law, and all laws of the Virgin Islands, bonds of the Authority may be issued in one or more series and shall bear such date or dates, mature in such amounts and at such time or times, hear interest at such rate or rates not exceeding 6 per centum per annum, payable semi-annually, be in such denomina tion or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, iiave such rank or priority, be executed by such membei*s or officers in such manner, be payable in such medium of paymont, at such place or places, may be declared or become due at such time before the maturity date thereof, may be authenticated in such manner and upon com pliance with such conditions, and may contain such other terms and covenants as such resolutions or its trust indenture may provide. (e) The bonds shall be sold in such manner as permitted by the Revised Organic Act of the Virgin Islands, as amended or other applicable Federal laws or the laws of the Virgin Islands, at such price as the Authority may determine. (f) In case any of tlie members or officers of the Authority whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, 397 Act No. 2375 VIRGIN ISLANDS SESSION LAWS 1968 sueli sijfnatures shull, nevertheless, be valid and sutficient for all purposes, the same as if such members or officei-s had remained in ofTice until such delivery. Any provisions of any law to the con trary notwithstanding, any bond.s, issued by the Authority pur suant to this chapter shall be negotiable for all purposes, subject only to the provisions of bondsfor registration. (g) Neither the members of the Authority nor any person executing the bonds shall be liable personally on the bonds or be subject to any liability by reason of the issuance thereof. (h) In any suit, action or proceeding involving the validity or enforceabiiity ofany bond ofthe Authority or the security there for, any such bond reciting in substance that it has been issued by the Authority to aid in financing a facility as defined in this chap ter, shall be conclusively deemed to have been issued for such purpose, and the facility shall be conclusively deemed to have been undertaken, constructed or aquired in accordance with the provisions of this chapter. § 507. Powers of Authority with respect to bonds In any resolution or resolutions authorizing the issuance of bonds, the Authority may contract with the holders of the bonds to under take and obligate itself of such commitments, as long as the bonds are outstanding and unpaid, as are deemed by the Board to be necessary and appropriate for the protection of the bondholders and the marketability of the bonds, and may specifically in addition to any other provisions— (a) covenant as to the disposition of the entire gross or net revenues and present or future income of the Authority including the pledging of all or any part thereof to secure payment of the bonds and the interest thereon; (b) covenant against making, permitting or suffering any pledge or other lien on all or any part of its receipts, revenues or other income, or real or personal property, to which its right or title then exists or may tliereafter come into existence; covenant with respect to limitations on any sale, lease or other disposition of the Authority or any part or parts thereof; and covenant as to what other or additional debts or obligations may be incurred by it; (c) covenant as to the bonds then or thereafter to l>e issued as to the issuance of such bonds in escrow or othenvise. as to the use and disposition of the proceeds thereof, and as to the limita- 398 1968 FIFTEENTH SPECIAL SESSION Act No. 2375 tions on the issuance ofadditional bonds; covenant against extend ing the time for the payment of its bonds or interest thereon; and covenant for redemption ofthebonds and provide forthe tennsand conditions thereof; (d) covenant as to the rates, fees, rentals, and other charges to be fixed and collected, the amount to be raised each year or other period of time thereby, and as to the use and di.sposition to be made thereof; (e) create orauthorize the creation ofspecial funds or resen'es for moneys held for construction or operating costs, debt service, resei-ves, orother purposes; and covenant as to the use, disposition and investmentof the moneys held in such funds; (f) covenant as to the use, maintenance and replacement of any or all of its real orpersonal property, the amount and kind of insurance to be carried thereon and the use and disposition of in surance moneys; (g) prescribe the procedure, if any, by which the tenns of the bonds, resolution, or any other contract with the bondholders may be modified, the amount of bonds, the holders of which must con sent thereto, and the manner in which such consent may be given; (h) covenant asto and prescribe the events ofdefault and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its xonsequences may be waived; (i) covenant as to the rights, liabilities, powers and duties arising upon the nonperformance by the Authority or any of its covenants, conditions, or obligations, including the right and reme dies of bondholders which may-be in addition-to remedies speci fied in this chapter; (j) vestin a trustee or trusteesthe right to enforce the payment of the bonds or any covenants securing or relating to the bonds and the right, in the event of a default by the Authority, to take possession of and use. operate and manage iha Authority or any part or parts thereof or any funds connected therewith, and to collect the rates, fees, revenues, or other income arising therefrom and to dispose of such moneys in accordance with the agreement of the Authority with the holders of the Iwnds; provide for the powers and duties of such trustee or trustees which may be a national bankingassociation or a bank or trust company organized Act No. 2375 VIRGIN ISLANDS SESSION LAWS 1968 under tlie laws of the United States or of the Virgin Islands or any state, and limit the liabilities thereof; and provide the terms and conditions upon which the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; and (k) exercise all or any part or combination of the powers herein granted: make covenants and to do any and all such acts and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the bonds more marketable notwithstanding that such covenants, acU or things may not be enumerated herein. § 508. Right to receivership upon default (a) The Authority is authorized to covenant for the right to receivership upon default as hereinafter set forth in pai'agraphs (b) to (f) inclusive, or to limit such right by definition of default or othenvise, in its agi'eement with the bondholders. (b) In the event that the Authority shall default in the payment of the principal of, or interest on, any of its bonds after the same shall become due, whether it be a default in the payment of the principal and interest or in the payment of interest only at matu rity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the Authority or the Board, officers, agents, or employees thereof shall default on any agreement made with the holders of the bonds, any holder or holders of tlie bonds (subject to any contractual limitation as to a specific percentage of such holders), or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to any Court-of competent jurisdiction in the Virgin Islands for the appointment of a receiver of the facilities, the income or revenues of which are pledged to the payment of the bonds so in default, whether or not all the bonds have been declared due and payable and whether or not such holder, or trustee therefor is seeking or ha.s sought to enforce any other right or to exercise any remedy in connection with such bonds. Upon such application and showing the coui't may appoint, and if the application is made by the holders of twenty-five (25%) per centum in principal amount of such bonds then outstanding or by trustee for holders of bonds in such principal amount, shall appoint a receiver of such facilities. (c) The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of 400 1968 FIl^EENTH SPECIAL SESSION Act No. 2375 such facilities and may exclude the Authority, its Boai*d, officers, agents, and employees and all persons claiming under them, wholly therefrom and shall have, hold. use. opei'ate, manage, and control the same, and, in the name of tlie Authority or otlierwise, as the receiver may deem best, shall exercise all the rights and powers of the Authority with respect to such facilities as the Authority itself might do. Such receiver shall maintain, restore, insure and keep insured, such facilities and from time to time shall make all repairs necessary or proper for the conservation of the facilities, shall establish, levy, maintain and collect such rates, fees, and other charges in connection with such facilities as such receiver may deem necessaiy, proper and reasonable, consistent with the purposes of the receivership and the purposes of this chapter, and shall collect and receive ail income and revenues and deposit the same in a separate account and apply the income and revenues so collected and received in such manner as the court shall direct. (d) Whenever all that is due upon the bonds, and interests thereon, and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults in consequence of which a receiver maj' be appointed shall have been cured and made good, the Court may, in its discretion and after such notice and heainng as it deems reasonable and proper, direct the i-eceiver to surrender possession of such facilities to the Authority, the same right of the holders of the bonds to obtain the appointment of a receiver to exist upon any subsequent default as hereinabove provided. (e) Such receiver shall act, in the performance of the powers hereinabove conferred upon him, under the direction and supervi sion of the Ckturt and shall at all times be subject to the orders and decrees of the Court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of the Court to enter such other and further orders and decrees as such Court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set in this chapter. (f) Notwithstanding anything in this section to the contrary, such receiver shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or character be longing to the Authority and useful for its activities, but the powers of any such receiver shall be limited to the operation and maintenance of the facilities of the Authority, and the collection 401 Act \o. 2375 VIRGIN ISLANDS SESSION LAWS 1968 and application of the income and I'evenues therefrom and the Court shall not have jurisdiction to enter any order or decree requiring or pcimitting said receiver to sell, mortgage, or other wise dispose of any such assets. § 509. Remedies of bondholders (a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or tnisiees therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder .of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated— (1) by mandamus or other suit, action, or proceeding at law or in equity to compel the Authority and its Board, officers, agents, or employees to perform and cai'ry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders; (2) by action or suit in equity to require the Authority and the Board thereof to account as if they were the trustees of an express trust; (3) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bond holders; and (4) to bring suit upon the bonds. (b) No remedy conferred by this chapter upon any holder of the bonds, or any trustee therefor, is intended to be exclusive of any other remedy, but each such remedy is cumulative and in ad dition to every other remedy, and may be exercised without ex hausting and without regard to any other remedy conferred by this chapteror by any other law. No waiver of any default or breach of duty or contract, whether by any holder of the bonds, or any trustee therefor, shall extend to or shall affect any subsequent de fault or breach of duty or contract or shall impaii- any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon de fault shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence tlierein. Every substantive right and every remedy, conferred upon the holder of the bonds, may be enforced and exercised from time to time as 409 1968 FIFTEENTH SPECIAl. SESSION Act No. 2375 often as may be deemed expedient. In case of any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be detemiined adversely to the holder of the bonds, or any trustee therefor, then and in every such case the Authority and such holder, or trustee, shall be restored to their former positions and rights and remedies as if no sucli suit, action, or proceeding had been brought or taken. § 510. Bonds of Authority legal investments for public or private funds The bonds of the Authority shall be lawful investment, and may be accepted as security, for all fiduciary, trust and public funds, the investment or deposit of which shall be under the authority or control of the Government of the Virgin Islands or any officer or officei-s thereof. § 511. Exemption of Authority from judicial process and taxes (a) All property including funds of the Authority shall be exempt from levy and sale by virtue of an execution, and no execu tion or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon its property; Provided, however. That this subsection shall not apply to or limit the right of bondholders to pursue any remedies for the enforcement of any pledge or lien given by the Autliority on its rates, fees, revenues, or other income or any other funds. (b) The purpose for which the Authority is created and shall exercise its powers being public purposes, tbe property of the Au- " thority, its mcome and its activities shall be exempt from all taxes and special assessments of the Virgin Islands or any political sub division thereof. In lieu of taxes, the Authority may agree to make such payments to the Virgin Islands or any political sub division thereof as it finds consistent with the obligations of the Authority and the achievement of the purposes of this chai^ter. Subchapter IV. Assistance of Government of the Virgin Islands §512. Assistance ofGovernment ofthe Virgin Islands (a) For the purpose of aiding the Authority in carrying out the purposes of this chapter, the Governor of the Vii-gin Islands 403 Act No. 2375 VIRGIN ISLANDS SESSION LAWS ld68 with the approval of the Legislature, may at the request of the Authorityand upon suchterms as shallbe determined— (1) dedicate, sell, convoy, or leaseany interest of the Govern ment in any property or grant easements, licenses or any rights or privileges therein to the Authority; (2) cause seiwicos of the character which the Govenmient is otherwise empowered to render to be furnished to the Authority. (b) Any sale, conveyance, lease or agreement provided for in this section may be made without appraisal, public notices, ad vertisement or public bidding, notwithstanding any other laws to- the contrary. Subchapter V. Other Pwposes § 513. Moneys and accounts of Authority (a) All moneys of the Authority shall be deposited in qualified depositories for funds of the Government of the Virgin Islands, but they shall be kept in separate accounts in the name of the Authority. The disbursements shall be made by it pursuant to regulations and budgets approved by the Board. Notwithstanding the provisions of this subsection (a) the Authority shall have power to contract with the holders of any of its bonds as to the custody, collection, investment and payment of any moneys of the Authority, or any moneys held in trust or otherwise for the pay ment of bonds or in any way to secure bonds, and deposits of such moneys may be secured in the same manner as moneys of the Authority. (b) The Authority shall account to the Government of the VirginIslands in accordance with applicable law for all fund? which the Government may furnish to the Authority, by loan or grant. The Authority shall also account to any Federal agency, if and in the manner required, for any funds that it may have received from any such agency. (c) The Authority shall establish an accounting system for the proper statistical control and record of allexpenses and income belonging to or managed or controlled by the Authority. Subject to agreements with bondholdei-s, .said system shall, insofai* as ad visable, segregate the accounts for diffei-ent classes of operations, facilities, and activities of the Authority; Provided, That fi-om time to time the Authority shall have its accounts and books, 404 1968 FIFTEENTH .SPECIAL SESSION Act No. 2375 including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters which relate to its financial condition exjunined by an independent accountant who shall report thereon to the Board of tlie Authority and to the Legislature. § 514. Competitive bidding All purchases and contracts for supplies or services, except for personal services, made by the Authority, including contracts for the construction of facilities of the Authority, shall be made after advertisement for bids sufTiciently in advance of opening bidsfor the Authority to secure appropriate notice and opportunity for competition; Provided, That where the expense estimated to be necessary in connection with the purchase or work does not exceed two thousand five hundred (2,500) dollars the same may be carried out without advertisement for bids. Advertisements for bids shall not be required, however, when— (1) an emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or (2) repair parts, accessories, or supplemental equipment or serv ices are required for supplies or services previously fuimished or contracted for; or (3) professional, financial (including financial printing) or other expert seiwices or work are required and the Authority shall deem it best in the interest of good administration that contracts there for be made without such advertisement; or (4) prices are noncompetitive because there is only one source of supply or because regulated under hiw; in sucli Ciise the purchase of such materials, supplies, or equipment or procurement of such sei-vices, may be made in the open market in the manner usual in commercial practice. In the comparison of bids and the maldng of awai-ds, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifica tions) as the bidder's ability to perfoiTO construction work of ttie kind involved in the construction contract under consideration; the relative quality and adaptability of materials, supplies, equip ment, or services; and the time of delivery or performance offered. The Authority may prescribe rules and regulations for the sub mission of bids. 40.^ Act No. 2375 ^'IRGIN ISLANDS SESSION LAWS 1968 § 515. Contribution to Employees Retirement System and Govern ment Insurance Fund; unemployment compensation cover age (a) All officials and employees of the Authority siiall be covered by and subject to the Employees Retirement System of the Virgin Islands and the Workmen's Compensation Act. The Authority .shall contribute to tht Retirement System of the Government of the Virgin Islands its share of the cost of the retirement of the officials and employees on the basis of semi-annual billings as determined by the Division of Personnel, Government of the Virgin Islands, and the contribution of officials and employees for retirement shall be deducted from the salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands and shall be paid semi-annually to the Retirement Fund of the Government of the Virgin Islands. The Authority shall also con tribute to the Government Insurance Fund, on the basis of annual billings as determined by the Commissioner of Finance for the benefit payments made from such fund on account of the Author ity's employees. The annual billings shall also include a statement of the fair portion of the cost of the Government Insurance Fund, which shall be paid by the Authority into the Treasury of the Vir gin Islands as miscellaneous receipts. (b) For purpo:ses of unemployment compensation, the Authority shall be deemed an employing unit as defined in 24 V.I.C. § 302(j) (i), and the Authority shall make payments to the Unemployment Compensation Subfund and the Unemployment Compensation Ad ministration Subfund in lieu of contributions in the same manner provided for the Government of the Virgin Islands by 24 V.I.C. § 308(d). § 516. Reports The Authority shall submit to the Legislature and to the Gov ernor of the Virgin Islands, as soon as practicable after the close of each fiscal year of the Government of the Virgin Islands (1) its complete budget, a financial statement and complete report of the business of the Authority for the preceding fiscal year, and (2) a complete report on the status and progress of all of its facilities and activities since the creation of the Authority or the date of its last such report. The Authority .shall also submit to the Legislature and to the Governor, at such other times as may be required, oificial reports of its business and activities under this chapter. 406 1968 FIFl'EENTH SPECIAL SESSION Act No. 2375 § 517. Agreements of the Government of the Virgin Islands The Government of the Virgin Islands does hereby pledge to, contract and agree with, any person, fii-m or corporation, or any Federal, Virgin Islands or state agency, subscribing to or acquir ing bonds of the Authority or of the Government of the Virgin Islands i.ssued for the puiTxises of this chapter, that it obligates itself not to limit or alter the rights or powers hereby vested in the Authority or the Government, as the case may be, until all such bonds at any time issued, together with the interest thereon, are fully met and discharged. The Government of the Virgin Is lands does further pledge to, contract and agree with, any Federal agency that in the event any such agency shall construct, extend, improve, or enlarge or contribute any funds for the construction, extension, improvement, or enlargement of, any facilities, the Government of the Virgin Islands will not alter or limit the rights or powers of the Authority in any manner which would be incon sistent with the continued maintenance and operation of such facilities or the extensions, improvement, or enlargement there of, or which would be inconsistent with the due performance of any agreements between the Authority and any such Federal agency; and the Authority shall continue to have and may exercise all rights and powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter and the purpose of any Federal agency in constructing, extending, improving or enlarging, or contributing funds for the construction, extension, improvement or enlargement of, any facili ties. - § 518. Injunctions An injunction shall not be granted to prevent the application of this chapter or any part thereof. § 519. Lack of jurisdiction of other agencies No officer, board, commission, department or other agency or political subdivision of the Virgin Islands shall have jurisdiction over the Authority in the management and control of its properties and facilities, or any ix)wer over the regulation of rates, fees, rentals and other charges to be fixed, revised and collected by the Authority, or any power to require a certificate of convenience or necessity, license, consent, or other authorization in order that the Authority may acquire, lease, own and operate, construct, maintain, improve, extend, or enlarge any facility. 407 Act No. 2.17'. VIRGIN ISLANDS SESSION LAWS 196S §520. Inconsistent provisions ofother acts superseded Insofar as the provisions of this chapter are inconsistent with the provisions of any other Act of the Legislature of the Virgin Islands, tlie provisions of this chapter shall be controlling and no law heretofore or hereafter passed governing the administration of the Government of the Virgin Islands or any parts, office, bureaus, departments, commissions, municipalities, branches, agents, officers, or employees thereof shall be construed to apply to the Authority unless so specifically provided but the affairs and business of the Authority shall be administered as provided herein. § 521. Separability of provisions If any provisions of this chapter or the application of such pro visions to any person or circumstances shall be held invalid, the remainder of the chapter and the application of such provisions to persons or circumstances other than those as to which it shall have been held Invalid shall not be affected thei'eby. Section 2. (a) Effective upon the date of approval of this Act, and until such later date as fixed by the Legislature for the coming into existence of the Virgin Islands Port Authority pursuant to section 5 hereof, (1) all revenues received from the operation of airports and covered into the Marine and Aviation Fund; (2) all monies payable into theSpecial Airport Fund; and (3) all fees or other charges imposed under the provisions of 33 V.I.C. section 19; - - - shall be payable to and collected by the Virgin Islands Air port and Industrial Resources Agency, deposited in the special fund designated the Marine and Aviation Fund, and available for allauthorized uses and purposes of the said Agency. (b) Effective simultaneously with the coming into existence of the Virgin Islands Port Authority as above determined, the pro visions of section A9, Title 33 of the Virgin Islands Code are re pealed; Provided, however, That all rates, fees or other charges imposed for the use of facilities and in force and effect on such date shall continue in force and effect until changed by the said Authority as elsewhere provided in this Act. Section 3, (a) Tlie title to all property of the Goverament of the Virgin Islands administered by the Virgin Islands Airport and 40S 1968 FIFTEENTH SPECIAL SESSION Act No. 2375 Industrial Resources Agency and the Marine Division, Department of Commerce, and to all property on the Island of St. Croix acQuired in accordance with that certain Agreement of February 8, 1962.- ratified and adopted by Act No. 814. apuroved February 20, 10G2, and all personnel, records, contracts, deeds, leases, subleases, mort gages, rights, franchises and unexpended balances of appropria tions and funds of the Virgin Islands Airport and Industrial Re sources Agency, the Marine Division of the Department of Com merce, all balances in the Marine and Aviation Fund and in the Special Amport Fund, and any other pi-cperty that can be identified as airport property, former Rnhmnvinp P.ngo prnnprtv. and all public_,^ks, piers, wharves, or bulkheads are hereby transferred to the Virgin Islands Port Authority established under section 1 of this Act; Provided, That any personnel so transferred who are found to be in excess of the personnel required for the efficient administration of the functions of the Authority, shall be retrans- ferred under existing law to other positions in the Government of the Virgin Islands; Provided, further. That the transfer of any real property or rights or interests therein to the Authority by this subsection shall not beccme final unless a complete appendix of all such property to be transferred, with appropriate maps, surveys and descriptions sufficient for proper identification thereof is sub mitted to and approved by the Legislature either in a regular or a special session. (b) Any employee of the Government of the Vii'gin Islands transferred to the Virgin Islands Port Authority pursuant to sub section (a) of this section shall be credited by the Authority with the amount of accumulated and cun*ent accrued annual leave to which he is entitled under law and for which leave such employee has not received lump-sum payment. (c) In the establishment of sick leave and other benefits for officers and employees of the Authority, the Board shall credit employees transferred pursuant to the provisions of subsection (a) of this section with all accumulated sick leave, and shall provide such other benefits equivalent, insofar as practicable and consistent with sound fiscal management to the benefits to which the officers or employees of the Virgin Islands Water and Power Authority are now or may hereafter be entitled. (d) No employee transferred pursuant to subsection (a) of this section shall be reduced in pay. 409 Act No. 2375 VIRGIN ISLANDS SESSION LAWS 1968 Section 4. All la%vs or parts of laws inconsistent or in conflict with any provisions of this Act are, to the extent of such inconsis tency or conflict, repealed. Section 5. This Act shall become effective immediately except that the provisions of sections 1 and 3 shall become effective upon such date as shall be fixed by the Legislature by law after the approval of the creation of tiic Virgin Islands Port Authority by the Secretary of the Interior pursuant to section 16(a) of the Revised Organic Act of the Virgin Islands, a.s amended, is received. Approved December 2U, 1968. (BILL 3864) No. 2376 {Approved January 8, 1969) To Authorize the Participation of the Virgin Islands of the United States in the Inauguration of President Richard M. Nixon, To Makean Appropriation Therefor, and for Other Purposes. Be it enacted by the Legislature of the Virgin Islands: Section 1. The Governor of the Virgin Islands and the President of the Legislatureare hereby authorized to arrange for appropriate representation and participation of the Virgin Islands in the inau guration of President Richard M. Nixonon January 20,1969. Section 2. There is hereby appropriated out of the General Fund in the Treasury of the Virgin Islands, fiscal year July 1, 1968, to June 30, 1969, the sum of $17,000 for personal sei*viees, travel and transportation, and all other expenses, including the construction of an appropriate float, which sum shall be available to the Legis lature for payment of all necessary expenses to carry out the pro visions of this Act. Approved Jaiiuary 8, 1969. 410 1968 (BILL 3865) FIFTEENTH SPECIAL SESSION No. 2377 {Approved January 10, 1969) Act No. 2376 To Further Amend the Composition of the Virgin Islands Law Enforcement Commission. Be it enacted by the Leguilature of the Virgin Islands: Section 1. Section 2, Title 3 of the Virgin Islands Code is amend ed by changing subsection (c) (1) thereof, to read as follows: "(c) The Board shall be composed of nineteen members as follows: "(1) as ex officio members, the Attorney General of the Vir gin Islands, who shall also serve as Chairman of the Board, the Commissioner of Public Safety, the Commissioner of Social Wel fare, the Commissioner of Education, the Presiding Judge of the Municipal Court, the ChaiiTnan of the Virgin Islands Parole Board, the Executive Secretary of the Virgin Islands Commission on Human Resources, the Director of the Division of Special Projects within the Office of the Governor, established by 3 V.I.C. § 22, the Executive Secretary of the Virgin Islands Commission on Youth, the Chief Probation Officer of the Virgin Islands (or the designee of any of the foregoing when such designation is approved by the (^vemor), and the respective Chairmen of the St. Croix, St. Thomas and St. John Citizens Advisory Committees on Law Enforcement, and the persons elected by the highest number of votes to the Boai'd of Education in St. Croix, St. John and St. Thomas, respectively, at the most recently conducted election; and". Approved January 10, 1969. (BILL 3873) No. 2378 {Approved January 10, 1969) To Amend Act No. 2225 (Bill No. 3662), Seventh Ijcgislature, Eighth Special Session 1968, Relating to the Designation and Redesignation by Name of Public Facilities in the Virgin Islands. 411