Each authority is an instrumentality exercising public and essentialgovernmental functions to provide for the public health and welfare, and eachauthority may:
1. Exist for a term of 50 years as a corporation, and for such further periodor periods as may from time to time be provided by appropriate resolutions ofthe political subdivisions which are members of the authority; however, theterm of an authority shall not be extended beyond a date 50 years from thedate of the adoption of such resolutions;
2. Adopt, amend or repeal bylaws, rules and regulations, not inconsistentwith this chapter or the general laws of the Commonwealth, for the regulationof its affairs and the conduct of its business and to carry into effect itspowers and purposes;
3. Adopt an official seal and alter the same at pleasure;
4. Maintain an office at such place or places as it may designate;
5. Sue and be sued;
6. Acquire, purchase, lease as lessee, construct, reconstruct, improve,extend, operate and maintain any system or any combination of systems within,outside, or partly within and partly outside one or more of the localitieswhich created the authority, or which after February 27, 1962, joined suchauthority; acquire by gift, purchase or the exercise of the right of eminentdomain lands or rights in land or water rights in connection therewith,within, outside, or partly within and partly outside one or more of thelocalities which created the authority, or which after February 27, 1962,joined such authority; and sell, lease as lessor, transfer or dispose of allor any part of any property, real, personal or mixed, or interest therein,acquired by it; however, in the exercise of the right of eminent domain theprovisions of § 25.1-102 shall apply. In addition, the authority in anycounty or city to which §§ 15.2-1906 and 15.2-2146 are applicable shall havethe same power of eminent domain and shall follow the same procedure providedin §§ 15.2-1906 and 15.2-2146. No property or any interest or estate owned byany political subdivision shall be acquired by an authority by the exerciseof the power of eminent domain without the consent of the governing body ofsuch political subdivision. Except as otherwise provided in this section,each authority is hereby vested with the same authority to exercise the powerof eminent domain as is vested in the Commonwealth TransportationCommissioner. In acquiring personal property or any interest, right, orestate therein by purchase, lease as lessee, or installment purchasecontract, an authority may grant security interests in such personal propertyor any interest, right, or estate therein;
7. Issue revenue bonds of the authority, such bonds to be payable solely fromrevenues to pay all or a part of the cost of a system;
8. Combine any systems as a single system for the purpose of operation andfinancing;
9. Borrow at such rates of interest as authorized by the general law forauthorities and as the authority may determine and issue its notes, bonds orother obligations therefor. Any political subdivision that is a member of anauthority may lend, advance or give money to such authority;
10. Fix, charge and collect rates, fees and charges for the use of, or forthe services furnished by, or for the benefit derived from, any facilities orsystems owned, operated or financed by the authority. Such rates, fees, rentsand charges shall be charged to and collected by such persons and in suchmanner as the authority may determine from (i) any person contracting for anysuch services and/or (ii) the owners or tenants who own, use or occupy anyreal estate or improvements that are served by, or benefit from, any suchfacilities or systems, and, if authorized by the authority, customers offacilities within a community development authority district. Water and sewerconnection fees established by any authority shall be fair and reasonable,and each authority may establish and offer rate incentives designed toencourage the use of green roofs. If established, the incentives shall bebased on the percentage of stormwater runoff reduction the green roofprovides. Such fees and incentives shall be reviewed by the authorityperiodically and shall be adjusted, if necessary, to assure that theycontinue to be fair and reasonable. Nothing herein shall affect existingcontracts with bondholders that are in conflict with any of the foregoingprovisions;
11. Enter into contracts with the federal government, the Commonwealth, theDistrict of Columbia or any adjoining state or any agency or instrumentalitythereof, any unit or any person. Such contracts may provide for or relate tothe furnishing of services and facilities of any system of the authority orin connection with the services and facilities rendered by any like systemowned or controlled by the federal government, the Commonwealth, the Districtof Columbia or any adjoining state or any agency or instrumentality thereof,any unit or any person, and may include contracts providing for or relatingto the right of an authority, created for such purpose, to receive and useand dispose of all or any portion of the refuse generated or collected by orwithin the jurisdiction or under the control of any one or more of them. Inthe implementation of any such contract, an authority may exercise the powersset forth in §§ 15.2-927 and 15.2-928. The power granted authorities underthis chapter to enter into contracts with private entities includes theauthority to enter into public-private partnerships for the establishment andoperation of systems, including the authority to contract for, and contractto provide, meter reading, billing and collections, leak detection, meterreplacement and any related customer service functions;
12. Contract with the federal government, the Commonwealth, the District ofColumbia, any adjoining state, any person, any locality or any publicauthority or unit thereof, on such terms as the authority deems proper, forthe construction, operation or use of any project which is located partly orwholly outside the Commonwealth;
13. Enter upon, use, occupy, and dig up any street, road, highway or privateor public lands in connection with the acquisition, construction orimprovement, maintenance or operation of a system, or streetlight system inKing George County, subject, however, to such reasonable local policeregulation as may be established by the governing body of any unit havingjurisdiction;
14. Contract with any person, political subdivision, federal agency, or anypublic authority or unit, on such terms as the authority deems proper, forthe purpose of acting as a billing and collecting agent for rates, fees,rents or charges imposed by any such authority;
15. Install, own and lease pipe or conduit for the purpose of carrying fiberoptic cable, provided that such pipe or conduit and the rights-of-way inwhich they are contained are made available on a nondiscriminatory,first-come, first-served basis to retail providers of broadband and othertelecommunications services unless the facilities have insufficient capacityfor such access and additional capacity cannot reasonably be added to thefacilities; and
16. Create, acquire, purchase, own, maintain, use, license, and sellintellectual property rights, including any patent, trademark, or copyright,relating to the business of the authority.
(Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402;1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc.444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c.422; 1984, c. 554; 1994, c. 477; 1997, cc. 12, 527, 573, 587; 2001, c. 120;2002, c. 446; 2003, c. 940; 2004, c. 545; 2005, c. 666; 2007, c. 813; 2008,c. 542; 2009, cc. 402, 473.)
Each authority is an instrumentality exercising public and essentialgovernmental functions to provide for the public health and welfare, and eachauthority may:
1. Exist for a term of 50 years as a corporation, and for such further periodor periods as may from time to time be provided by appropriate resolutions ofthe political subdivisions which are members of the authority; however, theterm of an authority shall not be extended beyond a date 50 years from thedate of the adoption of such resolutions;
2. Adopt, amend or repeal bylaws, rules and regulations, not inconsistentwith this chapter or the general laws of the Commonwealth, for the regulationof its affairs and the conduct of its business and to carry into effect itspowers and purposes;
3. Adopt an official seal and alter the same at pleasure;
4. Maintain an office at such place or places as it may designate;
5. Sue and be sued;
6. Acquire, purchase, lease as lessee, construct, reconstruct, improve,extend, operate and maintain any system or any combination of systems within,outside, or partly within and partly outside one or more of the localitieswhich created the authority, or which after February 27, 1962, joined suchauthority; acquire by gift, purchase or the exercise of the right of eminentdomain lands or rights in land or water rights in connection therewith,within, outside, or partly within and partly outside one or more of thelocalities which created the authority, or which after February 27, 1962,joined such authority; and sell, lease as lessor, transfer or dispose of allor any part of any property, real, personal or mixed, or interest therein,acquired by it; however, in the exercise of the right of eminent domain theprovisions of § 25.1-102 shall apply. In addition, the authority in anycounty or city to which §§ 15.2-1906 and 15.2-2146 are applicable shall havethe same power of eminent domain and shall follow the same procedure providedin §§ 15.2-1906 and 15.2-2146. No property or any interest or estate owned byany political subdivision shall be acquired by an authority by the exerciseof the power of eminent domain without the consent of the governing body ofsuch political subdivision. Except as otherwise provided in this section,each authority is hereby vested with the same authority to exercise the powerof eminent domain as is vested in the Commonwealth TransportationCommissioner. In acquiring personal property or any interest, right, orestate therein by purchase, lease as lessee, or installment purchasecontract, an authority may grant security interests in such personal propertyor any interest, right, or estate therein;
7. Issue revenue bonds of the authority, such bonds to be payable solely fromrevenues to pay all or a part of the cost of a system;
8. Combine any systems as a single system for the purpose of operation andfinancing;
9. Borrow at such rates of interest as authorized by the general law forauthorities and as the authority may determine and issue its notes, bonds orother obligations therefor. Any political subdivision that is a member of anauthority may lend, advance or give money to such authority;
10. Fix, charge and collect rates, fees and charges for the use of, or forthe services furnished by, or for the benefit derived from, any facilities orsystems owned, operated or financed by the authority. Such rates, fees, rentsand charges shall be charged to and collected by such persons and in suchmanner as the authority may determine from (i) any person contracting for anysuch services and/or (ii) the owners or tenants who own, use or occupy anyreal estate or improvements that are served by, or benefit from, any suchfacilities or systems, and, if authorized by the authority, customers offacilities within a community development authority district. Water and sewerconnection fees established by any authority shall be fair and reasonable,and each authority may establish and offer rate incentives designed toencourage the use of green roofs. If established, the incentives shall bebased on the percentage of stormwater runoff reduction the green roofprovides. Such fees and incentives shall be reviewed by the authorityperiodically and shall be adjusted, if necessary, to assure that theycontinue to be fair and reasonable. Nothing herein shall affect existingcontracts with bondholders that are in conflict with any of the foregoingprovisions;
11. Enter into contracts with the federal government, the Commonwealth, theDistrict of Columbia or any adjoining state or any agency or instrumentalitythereof, any unit or any person. Such contracts may provide for or relate tothe furnishing of services and facilities of any system of the authority orin connection with the services and facilities rendered by any like systemowned or controlled by the federal government, the Commonwealth, the Districtof Columbia or any adjoining state or any agency or instrumentality thereof,any unit or any person, and may include contracts providing for or relatingto the right of an authority, created for such purpose, to receive and useand dispose of all or any portion of the refuse generated or collected by orwithin the jurisdiction or under the control of any one or more of them. Inthe implementation of any such contract, an authority may exercise the powersset forth in §§ 15.2-927 and 15.2-928. The power granted authorities underthis chapter to enter into contracts with private entities includes theauthority to enter into public-private partnerships for the establishment andoperation of systems, including the authority to contract for, and contractto provide, meter reading, billing and collections, leak detection, meterreplacement and any related customer service functions;
12. Contract with the federal government, the Commonwealth, the District ofColumbia, any adjoining state, any person, any locality or any publicauthority or unit thereof, on such terms as the authority deems proper, forthe construction, operation or use of any project which is located partly orwholly outside the Commonwealth;
13. Enter upon, use, occupy, and dig up any street, road, highway or privateor public lands in connection with the acquisition, construction orimprovement, maintenance or operation of a system, or streetlight system inKing George County, subject, however, to such reasonable local policeregulation as may be established by the governing body of any unit havingjurisdiction;
14. Contract with any person, political subdivision, federal agency, or anypublic authority or unit, on such terms as the authority deems proper, forthe purpose of acting as a billing and collecting agent for rates, fees,rents or charges imposed by any such authority;
15. Install, own and lease pipe or conduit for the purpose of carrying fiberoptic cable, provided that such pipe or conduit and the rights-of-way inwhich they are contained are made available on a nondiscriminatory,first-come, first-served basis to retail providers of broadband and othertelecommunications services unless the facilities have insufficient capacityfor such access and additional capacity cannot reasonably be added to thefacilities; and
16. Create, acquire, purchase, own, maintain, use, license, and sellintellectual property rights, including any patent, trademark, or copyright,relating to the business of the authority.
(Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402;1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc.444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c.422; 1984, c. 554; 1994, c. 477; 1997, cc. 12, 527, 573, 587; 2001, c. 120;2002, c. 446; 2003, c. 940; 2004, c. 545; 2005, c. 666; 2007, c. 813; 2008,c. 542; 2009, cc. 402, 473.)
Each authority is an instrumentality exercising public and essentialgovernmental functions to provide for the public health and welfare, and eachauthority may:
1. Exist for a term of 50 years as a corporation, and for such further periodor periods as may from time to time be provided by appropriate resolutions ofthe political subdivisions which are members of the authority; however, theterm of an authority shall not be extended beyond a date 50 years from thedate of the adoption of such resolutions;
2. Adopt, amend or repeal bylaws, rules and regulations, not inconsistentwith this chapter or the general laws of the Commonwealth, for the regulationof its affairs and the conduct of its business and to carry into effect itspowers and purposes;
3. Adopt an official seal and alter the same at pleasure;
4. Maintain an office at such place or places as it may designate;
5. Sue and be sued;
6. Acquire, purchase, lease as lessee, construct, reconstruct, improve,extend, operate and maintain any system or any combination of systems within,outside, or partly within and partly outside one or more of the localitieswhich created the authority, or which after February 27, 1962, joined suchauthority; acquire by gift, purchase or the exercise of the right of eminentdomain lands or rights in land or water rights in connection therewith,within, outside, or partly within and partly outside one or more of thelocalities which created the authority, or which after February 27, 1962,joined such authority; and sell, lease as lessor, transfer or dispose of allor any part of any property, real, personal or mixed, or interest therein,acquired by it; however, in the exercise of the right of eminent domain theprovisions of § 25.1-102 shall apply. In addition, the authority in anycounty or city to which §§ 15.2-1906 and 15.2-2146 are applicable shall havethe same power of eminent domain and shall follow the same procedure providedin §§ 15.2-1906 and 15.2-2146. No property or any interest or estate owned byany political subdivision shall be acquired by an authority by the exerciseof the power of eminent domain without the consent of the governing body ofsuch political subdivision. Except as otherwise provided in this section,each authority is hereby vested with the same authority to exercise the powerof eminent domain as is vested in the Commonwealth TransportationCommissioner. In acquiring personal property or any interest, right, orestate therein by purchase, lease as lessee, or installment purchasecontract, an authority may grant security interests in such personal propertyor any interest, right, or estate therein;
7. Issue revenue bonds of the authority, such bonds to be payable solely fromrevenues to pay all or a part of the cost of a system;
8. Combine any systems as a single system for the purpose of operation andfinancing;
9. Borrow at such rates of interest as authorized by the general law forauthorities and as the authority may determine and issue its notes, bonds orother obligations therefor. Any political subdivision that is a member of anauthority may lend, advance or give money to such authority;
10. Fix, charge and collect rates, fees and charges for the use of, or forthe services furnished by, or for the benefit derived from, any facilities orsystems owned, operated or financed by the authority. Such rates, fees, rentsand charges shall be charged to and collected by such persons and in suchmanner as the authority may determine from (i) any person contracting for anysuch services and/or (ii) the owners or tenants who own, use or occupy anyreal estate or improvements that are served by, or benefit from, any suchfacilities or systems, and, if authorized by the authority, customers offacilities within a community development authority district. Water and sewerconnection fees established by any authority shall be fair and reasonable,and each authority may establish and offer rate incentives designed toencourage the use of green roofs. If established, the incentives shall bebased on the percentage of stormwater runoff reduction the green roofprovides. Such fees and incentives shall be reviewed by the authorityperiodically and shall be adjusted, if necessary, to assure that theycontinue to be fair and reasonable. Nothing herein shall affect existingcontracts with bondholders that are in conflict with any of the foregoingprovisions;
11. Enter into contracts with the federal government, the Commonwealth, theDistrict of Columbia or any adjoining state or any agency or instrumentalitythereof, any unit or any person. Such contracts may provide for or relate tothe furnishing of services and facilities of any system of the authority orin connection with the services and facilities rendered by any like systemowned or controlled by the federal government, the Commonwealth, the Districtof Columbia or any adjoining state or any agency or instrumentality thereof,any unit or any person, and may include contracts providing for or relatingto the right of an authority, created for such purpose, to receive and useand dispose of all or any portion of the refuse generated or collected by orwithin the jurisdiction or under the control of any one or more of them. Inthe implementation of any such contract, an authority may exercise the powersset forth in §§ 15.2-927 and 15.2-928. The power granted authorities underthis chapter to enter into contracts with private entities includes theauthority to enter into public-private partnerships for the establishment andoperation of systems, including the authority to contract for, and contractto provide, meter reading, billing and collections, leak detection, meterreplacement and any related customer service functions;
12. Contract with the federal government, the Commonwealth, the District ofColumbia, any adjoining state, any person, any locality or any publicauthority or unit thereof, on such terms as the authority deems proper, forthe construction, operation or use of any project which is located partly orwholly outside the Commonwealth;
13. Enter upon, use, occupy, and dig up any street, road, highway or privateor public lands in connection with the acquisition, construction orimprovement, maintenance or operation of a system, or streetlight system inKing George County, subject, however, to such reasonable local policeregulation as may be established by the governing body of any unit havingjurisdiction;
14. Contract with any person, political subdivision, federal agency, or anypublic authority or unit, on such terms as the authority deems proper, forthe purpose of acting as a billing and collecting agent for rates, fees,rents or charges imposed by any such authority;
15. Install, own and lease pipe or conduit for the purpose of carrying fiberoptic cable, provided that such pipe or conduit and the rights-of-way inwhich they are contained are made available on a nondiscriminatory,first-come, first-served basis to retail providers of broadband and othertelecommunications services unless the facilities have insufficient capacityfor such access and additional capacity cannot reasonably be added to thefacilities; and
16. Create, acquire, purchase, own, maintain, use, license, and sellintellectual property rights, including any patent, trademark, or copyright,relating to the business of the authority.
(Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402;1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc.444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c.422; 1984, c. 554; 1994, c. 477; 1997, cc. 12, 527, 573, 587; 2001, c. 120;2002, c. 446; 2003, c. 940; 2004, c. 545; 2005, c. 666; 2007, c. 813; 2008,c. 542; 2009, cc. 402, 473.)
