§ 15.2-5102.1. (For contingent expiration, see Editor's note) Hampton Roadsarea refuse collection and disposal system authority.
Any authority, or any subsidiary thereof, organized pursuant to § 15.2-5102to operate a refuse collection and disposal system that has among its membersthe Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, and Franklin,and the Counties of Isle of Wight, Southampton, and Suffolk, shall,notwithstanding any other law to the contrary, comply with the followingrequirements:
1. Each locality that is a member of the authority shall be entitled tonominate individuals to fill one position on the Board of Directors (theBoard) by submitting a list of three potential directors, each of whom shallpossess general business knowledge and shall not be an elected official, tothe Governor. The Governor shall then select and appoint one director fromeach of the lists of nominees prepared by the member localities. In addition,each member locality shall be authorized to directly appoint, upon a majorityvote of the governing body of the member locality, one ex officio member ofthe Board who shall be an employee of the member locality. The members of theBoard shall be appointed for terms of four years each. Vacancies occurringother than by expiration of a term shall be filled for the unexpired term.Vacancies shall be filled in the same manner as the original appointments. Nomember shall serve for more than two consecutive four-year terms, except thatany member appointed to the unexpired term of another shall be eligible toserve two consecutive four-year terms.
2. The authority shall develop and maintain an overall strategic plan thatshall cover a period of at least five years forward from the year in which itis submitted and approved by the Board. The plans shall be reviewed annuallyto determine whether amendments are needed. Any such amendments shall besubmitted to the board of directors for approval.
3. The authority's core purpose shall be defined as "management of the safeand environmentally sound disposal of regional waste." The authority shalldevote its time and effort to activities associated with its core purpose. Avote of a majority of the Board shall be required prior to undertaking anyactivities not associated with the authority's core purpose.
4. The authority shall develop and maintain a strategic operating planidentifying all elements of its core business units and core purpose, howeach business and administrative unit will support the overall strategicplan, and how the authority will achieve its stated mission and core purpose.The strategic operating plan shall be subject to review and approval of theBoard on an annual basis.
5. The authority shall consider outsourcing any or all functions that mayresult in reduced costs to the authority, and the authority shall annuallyissue requests for proposals that potentially reduce the costs of any of itsprograms. In addition, the authority shall accept and review any proposalsunder the Public-Private Education Facilities and Infrastructure Act of 2002(§ 56-575.1 et seq.) that potentially reduce the costs of any of theauthority's programs.
6. The authority shall evaluate its landfill capacity annually, taking intoconsideration and projecting future changes in the quantity of waste disposedof in its landfill, or landfills reasonably situated or contractuallyobligated to accept its waste.
7. The authority shall keep records of its costs, revenue, debts, and capitalexpenses by fiscal year for each program. The authority shall also keeprecords of costs for each individual capital project.
8. The authority shall maintain a detailed financing plan that shall includea plan for the retirement of all debt and a plan for the funding of allplanned capital projects. The plan for the funding of all planned capitalprojects shall specify the amount of debt the authority will issue infurtherance of the projects and the debt repayment plan for any new debtcreated by the capital projects, including the revenue source that will beused to repay the debt. The detailed financing plan shall be updated andapproved annually by the Board and reviewed and certified annually by anexternal certified public accountant.
9. Prior to issuance of new debt, the Board shall perform a due diligenceinvestigation of the appropriateness of issuing the debt, including ananalysis of the costs of repaying the debt. Such analysis shall be certifiedby an external certified public accountant, reviewed by the Board, andapproved by a vote of a minimum of 75 percent of the Board. The issuance ofnew debt shall require a vote of a minimum of 75 percent of the Board ofDirectors of the authority. The authority shall not issue long-term bondindebtedness to fund operational expenses. The provisions of this subdivisionshall not apply to the issuance of new debt issued for the purpose ofrefunding or refinancing debt incurred by the authority prior to September30, 2009.
10. In the interest of open and transparent government, the authority shalladhere strictly to the requirements of the Freedom of Information Act (§2.2-3700 et seq.).
11. The executive director of the authority shall not be permitted to executeor commit the authority to any contract, memorandum of agreement ormemorandum of understanding without an informed vote of approval by theBoard. This subdivision shall not apply in the case of (i) contracts for thepurchase of goods and services for an aggregate sum of less than $30,000,which are subject to the Virginia Procurement Act (Va. Code § 2.2-4300 etseq.) but exempted from competitive negotiation or competitive sealed biddingby a duly adopted policy of the Board and (ii) sole source and emergencyprocurements made pursuant to subsections E and F of § 2.2-4303.
§ 15.2-5102.1. (For contingent expiration, see Editor's note) Hampton Roadsarea refuse collection and disposal system authority.
Any authority, or any subsidiary thereof, organized pursuant to § 15.2-5102to operate a refuse collection and disposal system that has among its membersthe Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, and Franklin,and the Counties of Isle of Wight, Southampton, and Suffolk, shall,notwithstanding any other law to the contrary, comply with the followingrequirements:
1. Each locality that is a member of the authority shall be entitled tonominate individuals to fill one position on the Board of Directors (theBoard) by submitting a list of three potential directors, each of whom shallpossess general business knowledge and shall not be an elected official, tothe Governor. The Governor shall then select and appoint one director fromeach of the lists of nominees prepared by the member localities. In addition,each member locality shall be authorized to directly appoint, upon a majorityvote of the governing body of the member locality, one ex officio member ofthe Board who shall be an employee of the member locality. The members of theBoard shall be appointed for terms of four years each. Vacancies occurringother than by expiration of a term shall be filled for the unexpired term.Vacancies shall be filled in the same manner as the original appointments. Nomember shall serve for more than two consecutive four-year terms, except thatany member appointed to the unexpired term of another shall be eligible toserve two consecutive four-year terms.
2. The authority shall develop and maintain an overall strategic plan thatshall cover a period of at least five years forward from the year in which itis submitted and approved by the Board. The plans shall be reviewed annuallyto determine whether amendments are needed. Any such amendments shall besubmitted to the board of directors for approval.
3. The authority's core purpose shall be defined as "management of the safeand environmentally sound disposal of regional waste." The authority shalldevote its time and effort to activities associated with its core purpose. Avote of a majority of the Board shall be required prior to undertaking anyactivities not associated with the authority's core purpose.
4. The authority shall develop and maintain a strategic operating planidentifying all elements of its core business units and core purpose, howeach business and administrative unit will support the overall strategicplan, and how the authority will achieve its stated mission and core purpose.The strategic operating plan shall be subject to review and approval of theBoard on an annual basis.
5. The authority shall consider outsourcing any or all functions that mayresult in reduced costs to the authority, and the authority shall annuallyissue requests for proposals that potentially reduce the costs of any of itsprograms. In addition, the authority shall accept and review any proposalsunder the Public-Private Education Facilities and Infrastructure Act of 2002(§ 56-575.1 et seq.) that potentially reduce the costs of any of theauthority's programs.
6. The authority shall evaluate its landfill capacity annually, taking intoconsideration and projecting future changes in the quantity of waste disposedof in its landfill, or landfills reasonably situated or contractuallyobligated to accept its waste.
7. The authority shall keep records of its costs, revenue, debts, and capitalexpenses by fiscal year for each program. The authority shall also keeprecords of costs for each individual capital project.
8. The authority shall maintain a detailed financing plan that shall includea plan for the retirement of all debt and a plan for the funding of allplanned capital projects. The plan for the funding of all planned capitalprojects shall specify the amount of debt the authority will issue infurtherance of the projects and the debt repayment plan for any new debtcreated by the capital projects, including the revenue source that will beused to repay the debt. The detailed financing plan shall be updated andapproved annually by the Board and reviewed and certified annually by anexternal certified public accountant.
9. Prior to issuance of new debt, the Board shall perform a due diligenceinvestigation of the appropriateness of issuing the debt, including ananalysis of the costs of repaying the debt. Such analysis shall be certifiedby an external certified public accountant, reviewed by the Board, andapproved by a vote of a minimum of 75 percent of the Board. The issuance ofnew debt shall require a vote of a minimum of 75 percent of the Board ofDirectors of the authority. The authority shall not issue long-term bondindebtedness to fund operational expenses. The provisions of this subdivisionshall not apply to the issuance of new debt issued for the purpose ofrefunding or refinancing debt incurred by the authority prior to September30, 2009.
10. In the interest of open and transparent government, the authority shalladhere strictly to the requirements of the Freedom of Information Act (§2.2-3700 et seq.).
11. The executive director of the authority shall not be permitted to executeor commit the authority to any contract, memorandum of agreement ormemorandum of understanding without an informed vote of approval by theBoard. This subdivision shall not apply in the case of (i) contracts for thepurchase of goods and services for an aggregate sum of less than $30,000,which are subject to the Virginia Procurement Act (Va. Code § 2.2-4300 etseq.) but exempted from competitive negotiation or competitive sealed biddingby a duly adopted policy of the Board and (ii) sole source and emergencyprocurements made pursuant to subsections E and F of § 2.2-4303.
§ 15.2-5102.1. (For contingent expiration, see Editor's note) Hampton Roadsarea refuse collection and disposal system authority.
Any authority, or any subsidiary thereof, organized pursuant to § 15.2-5102to operate a refuse collection and disposal system that has among its membersthe Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, and Franklin,and the Counties of Isle of Wight, Southampton, and Suffolk, shall,notwithstanding any other law to the contrary, comply with the followingrequirements:
1. Each locality that is a member of the authority shall be entitled tonominate individuals to fill one position on the Board of Directors (theBoard) by submitting a list of three potential directors, each of whom shallpossess general business knowledge and shall not be an elected official, tothe Governor. The Governor shall then select and appoint one director fromeach of the lists of nominees prepared by the member localities. In addition,each member locality shall be authorized to directly appoint, upon a majorityvote of the governing body of the member locality, one ex officio member ofthe Board who shall be an employee of the member locality. The members of theBoard shall be appointed for terms of four years each. Vacancies occurringother than by expiration of a term shall be filled for the unexpired term.Vacancies shall be filled in the same manner as the original appointments. Nomember shall serve for more than two consecutive four-year terms, except thatany member appointed to the unexpired term of another shall be eligible toserve two consecutive four-year terms.
2. The authority shall develop and maintain an overall strategic plan thatshall cover a period of at least five years forward from the year in which itis submitted and approved by the Board. The plans shall be reviewed annuallyto determine whether amendments are needed. Any such amendments shall besubmitted to the board of directors for approval.
3. The authority's core purpose shall be defined as "management of the safeand environmentally sound disposal of regional waste." The authority shalldevote its time and effort to activities associated with its core purpose. Avote of a majority of the Board shall be required prior to undertaking anyactivities not associated with the authority's core purpose.
4. The authority shall develop and maintain a strategic operating planidentifying all elements of its core business units and core purpose, howeach business and administrative unit will support the overall strategicplan, and how the authority will achieve its stated mission and core purpose.The strategic operating plan shall be subject to review and approval of theBoard on an annual basis.
5. The authority shall consider outsourcing any or all functions that mayresult in reduced costs to the authority, and the authority shall annuallyissue requests for proposals that potentially reduce the costs of any of itsprograms. In addition, the authority shall accept and review any proposalsunder the Public-Private Education Facilities and Infrastructure Act of 2002(§ 56-575.1 et seq.) that potentially reduce the costs of any of theauthority's programs.
6. The authority shall evaluate its landfill capacity annually, taking intoconsideration and projecting future changes in the quantity of waste disposedof in its landfill, or landfills reasonably situated or contractuallyobligated to accept its waste.
7. The authority shall keep records of its costs, revenue, debts, and capitalexpenses by fiscal year for each program. The authority shall also keeprecords of costs for each individual capital project.
8. The authority shall maintain a detailed financing plan that shall includea plan for the retirement of all debt and a plan for the funding of allplanned capital projects. The plan for the funding of all planned capitalprojects shall specify the amount of debt the authority will issue infurtherance of the projects and the debt repayment plan for any new debtcreated by the capital projects, including the revenue source that will beused to repay the debt. The detailed financing plan shall be updated andapproved annually by the Board and reviewed and certified annually by anexternal certified public accountant.
9. Prior to issuance of new debt, the Board shall perform a due diligenceinvestigation of the appropriateness of issuing the debt, including ananalysis of the costs of repaying the debt. Such analysis shall be certifiedby an external certified public accountant, reviewed by the Board, andapproved by a vote of a minimum of 75 percent of the Board. The issuance ofnew debt shall require a vote of a minimum of 75 percent of the Board ofDirectors of the authority. The authority shall not issue long-term bondindebtedness to fund operational expenses. The provisions of this subdivisionshall not apply to the issuance of new debt issued for the purpose ofrefunding or refinancing debt incurred by the authority prior to September30, 2009.
10. In the interest of open and transparent government, the authority shalladhere strictly to the requirements of the Freedom of Information Act (§2.2-3700 et seq.).
11. The executive director of the authority shall not be permitted to executeor commit the authority to any contract, memorandum of agreement ormemorandum of understanding without an informed vote of approval by theBoard. This subdivision shall not apply in the case of (i) contracts for thepurchase of goods and services for an aggregate sum of less than $30,000,which are subject to the Virginia Procurement Act (Va. Code § 2.2-4300 etseq.) but exempted from competitive negotiation or competitive sealed biddingby a duly adopted policy of the Board and (ii) sole source and emergencyprocurements made pursuant to subsections E and F of § 2.2-4303.
