The Authority is hereby granted all powers necessary or appropriate to carryout the purposes of this chapter in order to provide electric, water, sewer,and telecommunication and related services, including without limitation,cable television internet, and all other services that might be lawfullyrendered by use of the Authority's fiber optic system, subject to allexisting limitations and restrictions thereon. Such powers include, withoutlimitation, except as set forth hereafter, the following:
1. To adopt bylaws for the regulation of its affairs and the conduct of itsbusiness;
2. To sue and be sued in the Authority's name;
3. To have perpetual succession;
4. To adopt a corporate seal and alter the same at its pleasure;
5. To maintain offices at such places as it may designate;
6. To appoint, employ, or engage such officers, employees, architects,engineers, attorneys, accountants, financial advisors, investment bankers,and other advisors, consultants, and agents as may be necessary orappropriate, and to fix their duties and compensation;
7. To establish personnel rules;
8. To make, assume, and enter into all contracts, leases, and arrangementsnecessary or incidental to the exercise of its powers, including contractsfor the management or operation of all or any part of its facilities;
9. To borrow money, as hereinafter provided, and to borrow money for thepurpose of meeting casual deficits in its revenues;
10. To provide electric, water, sewer, and telecommunication and relatedservices, including without limitation, cable television, internet, and allother services that might be lawfully rendered by use of the Authority'sfiber optic system as set forth in § 15.2-7208 subject to all existingrestrictions and limitations thereon;
11. To determine fees, rates, and charges for the services and products itprovides, subject only to such state or federal regulation as the TennesseeValley Authority (TVA) or other cognizant state or federal agency may imposeby order, rulemaking, contract or otherwise, including, without limitation,electric, water and sewer, and internet and cable television services,including all other services that might be rendered by use of its fiber opticsystem, furnished by the Authority. MLEC telephone service, including rates,is regulated by the Commission. All rate increases for services other thanelectric, which are set by the TVA, and telephone, which are set by theCommission and applicable law, shall require a favorable vote at twomeetings, one of which must be a regular meeting of the BVU Authority Board.
The Authority may assess such rates and charges for such services or productsin such manner mutatis mutandis as BVU or the City has the authority to do soat present subject to the same restrictions and limitations thereon;
12. To adopt, amend, and repeal rules and regulations for the use,maintenance, and operation of its facilities and utility services andgoverning the conduct of persons and organizations using its facilities orobtaining its utility services and to enforce such rules and regulations andall other rules, regulations, ordinances, and statutes relating to itsfacilities and services, as authorized by the enacting body of such rules,regulations, ordinances, and statutes. The civil penalty for violation of anysuch rules and regulations shall be set forth in the rules and may beenforced by the Authority by direct action in terminating services and by theimposition of monetary penalties to be billed to the customer. The Authoritymay request the governing body of each locality in which it does business toimpose by ordinance such penal liability for violation of such rules andregulations as such body deems appropriate;
13. To apply for and accept gifts or grants of money or gifts, grants orloans of other property or other financial assistance from the United Statesof America and agencies and instrumentalities thereof, this Commonwealth andpolitical subdivisions, agencies and instrumentalities thereof, or any otherperson or entity, for or in aid of the construction, acquisition, ownership,operation, maintenance, or repair of its infrastructure or for the payment ofprincipal of any indebtedness of the Authority, interest thereon, or othercost incident thereto, or for the operation of any of its services, or forany other purpose of the Authority, and to this end the Authority shall havethe power to render such services, comply with such conditions, and executesuch agreements and legal instruments as may be necessary, convenient ordesirable or imposed as a condition to such financial aid;
14. Subject to subdivision 16 and all existing limitations and restrictionsthereon, to acquire, establish, construct, enlarge, improve, maintain, equip,operate, and regulate electric, water, sewer, telecommunications, internetand cable television services, including all other services that might berendered by use of its fiber optic system, and other infrastructure andfacilities that are owned or managed by the Authority within the territorialareas in which it operates or provides services;
15. To construct, install, maintain, and operate facilities andinfrastructure for managing its utility, consulting and operationalmanagement services. The Authority shall have the power and duty to manageand operate the electric, public lighting, water, sewerage,telecommunications, internet and cable television services, including allother services that might be rendered by use of its fiber optic systemdirectly subject to all existing limitations and restrictions thereon, or itmay subcontract such functions. The Authority shall construct, maintain, andoperate all facilities necessary thereto; shall sell and distribute to thepublic electric power, light, water, sewer, telecommunications, internet andcable television, and other services as they now exist or may exist in thefuture subject to all existing limitations and restrictions thereon; andshall collect the rates and charges provided for all such services;
16. To own, purchase, lease, obtain options upon, acquire by gift, grant, orbequest or otherwise acquire any property, real or personal, or any interesttherein, and in connection therewith to assume or take subject to anyindebtedness secured by such property and dispose of any or all suchproperties as is deemed appropriate by the Board. The Authority shall havethe power of eminent domain to acquire property and easements as needed forits various utility services within the areas it provides or can provide suchservices. The power of eminent domain shall not include the power to acquireexisting telecommunications, internet or cable facilities, which is expresslyprohibited, and the Authority shall not accept or receive anytelecommunications, internet or cable facilities from an entity that acquiredsuch facilities by use of eminent domain;
17. To purchase and maintain insurance or provide indemnification on behalfof any person who is or was a director, officer, employee, or agent of theAuthority and on behalf of the Authority itself against any liabilityasserted against it or him or incurred by it or him in any such capacity orarising out of his status as such;
18. To establish and charge such fees as it deems appropriate for attachmentto or inclusion in the Authority's infrastructure, including but not limitedto its poles, conduits, and collocation sites, subject to all existinglimitations and restrictions thereon;
19. To fund economic development projects and, in advance of economicdevelopment projects, to enter into contracts, to borrow money and to do allother such acts as will allow it to encourage and support economicdevelopment; and
20. To have police powers on all of the properties of the Authority withinthe Commonwealth, exercised through appointment of an armed conservator ofthe peace. The President of the Authority may apply to the circuit court forany locality in which the Authority has property for the appointment of oneor more special conservators of the peace under procedures specified byChapter 2 (§ 19.2-12 et seq.) of Title 19.2 of the Code of Virginia or anysuccessor provisions. Any such special conservator of the peace shall have,within the lands and facilities controlled by the Authority, the powers,functions, duties, responsibilities, and authority of any other armedconservator of the peace. Nothing in this section shall be construed toprevent the conservator of the peace currently serving Bristol VirginiaUtilities from continuing as an armed special conservator of the peace forthe Authority during the remainder of his term, if not removed for cause.
The Authority is hereby granted all powers necessary or appropriate to carryout the purposes of this chapter in order to provide electric, water, sewer,and telecommunication and related services, including without limitation,cable television internet, and all other services that might be lawfullyrendered by use of the Authority's fiber optic system, subject to allexisting limitations and restrictions thereon. Such powers include, withoutlimitation, except as set forth hereafter, the following:
1. To adopt bylaws for the regulation of its affairs and the conduct of itsbusiness;
2. To sue and be sued in the Authority's name;
3. To have perpetual succession;
4. To adopt a corporate seal and alter the same at its pleasure;
5. To maintain offices at such places as it may designate;
6. To appoint, employ, or engage such officers, employees, architects,engineers, attorneys, accountants, financial advisors, investment bankers,and other advisors, consultants, and agents as may be necessary orappropriate, and to fix their duties and compensation;
7. To establish personnel rules;
8. To make, assume, and enter into all contracts, leases, and arrangementsnecessary or incidental to the exercise of its powers, including contractsfor the management or operation of all or any part of its facilities;
9. To borrow money, as hereinafter provided, and to borrow money for thepurpose of meeting casual deficits in its revenues;
10. To provide electric, water, sewer, and telecommunication and relatedservices, including without limitation, cable television, internet, and allother services that might be lawfully rendered by use of the Authority'sfiber optic system as set forth in § 15.2-7208 subject to all existingrestrictions and limitations thereon;
11. To determine fees, rates, and charges for the services and products itprovides, subject only to such state or federal regulation as the TennesseeValley Authority (TVA) or other cognizant state or federal agency may imposeby order, rulemaking, contract or otherwise, including, without limitation,electric, water and sewer, and internet and cable television services,including all other services that might be rendered by use of its fiber opticsystem, furnished by the Authority. MLEC telephone service, including rates,is regulated by the Commission. All rate increases for services other thanelectric, which are set by the TVA, and telephone, which are set by theCommission and applicable law, shall require a favorable vote at twomeetings, one of which must be a regular meeting of the BVU Authority Board.
The Authority may assess such rates and charges for such services or productsin such manner mutatis mutandis as BVU or the City has the authority to do soat present subject to the same restrictions and limitations thereon;
12. To adopt, amend, and repeal rules and regulations for the use,maintenance, and operation of its facilities and utility services andgoverning the conduct of persons and organizations using its facilities orobtaining its utility services and to enforce such rules and regulations andall other rules, regulations, ordinances, and statutes relating to itsfacilities and services, as authorized by the enacting body of such rules,regulations, ordinances, and statutes. The civil penalty for violation of anysuch rules and regulations shall be set forth in the rules and may beenforced by the Authority by direct action in terminating services and by theimposition of monetary penalties to be billed to the customer. The Authoritymay request the governing body of each locality in which it does business toimpose by ordinance such penal liability for violation of such rules andregulations as such body deems appropriate;
13. To apply for and accept gifts or grants of money or gifts, grants orloans of other property or other financial assistance from the United Statesof America and agencies and instrumentalities thereof, this Commonwealth andpolitical subdivisions, agencies and instrumentalities thereof, or any otherperson or entity, for or in aid of the construction, acquisition, ownership,operation, maintenance, or repair of its infrastructure or for the payment ofprincipal of any indebtedness of the Authority, interest thereon, or othercost incident thereto, or for the operation of any of its services, or forany other purpose of the Authority, and to this end the Authority shall havethe power to render such services, comply with such conditions, and executesuch agreements and legal instruments as may be necessary, convenient ordesirable or imposed as a condition to such financial aid;
14. Subject to subdivision 16 and all existing limitations and restrictionsthereon, to acquire, establish, construct, enlarge, improve, maintain, equip,operate, and regulate electric, water, sewer, telecommunications, internetand cable television services, including all other services that might berendered by use of its fiber optic system, and other infrastructure andfacilities that are owned or managed by the Authority within the territorialareas in which it operates or provides services;
15. To construct, install, maintain, and operate facilities andinfrastructure for managing its utility, consulting and operationalmanagement services. The Authority shall have the power and duty to manageand operate the electric, public lighting, water, sewerage,telecommunications, internet and cable television services, including allother services that might be rendered by use of its fiber optic systemdirectly subject to all existing limitations and restrictions thereon, or itmay subcontract such functions. The Authority shall construct, maintain, andoperate all facilities necessary thereto; shall sell and distribute to thepublic electric power, light, water, sewer, telecommunications, internet andcable television, and other services as they now exist or may exist in thefuture subject to all existing limitations and restrictions thereon; andshall collect the rates and charges provided for all such services;
16. To own, purchase, lease, obtain options upon, acquire by gift, grant, orbequest or otherwise acquire any property, real or personal, or any interesttherein, and in connection therewith to assume or take subject to anyindebtedness secured by such property and dispose of any or all suchproperties as is deemed appropriate by the Board. The Authority shall havethe power of eminent domain to acquire property and easements as needed forits various utility services within the areas it provides or can provide suchservices. The power of eminent domain shall not include the power to acquireexisting telecommunications, internet or cable facilities, which is expresslyprohibited, and the Authority shall not accept or receive anytelecommunications, internet or cable facilities from an entity that acquiredsuch facilities by use of eminent domain;
17. To purchase and maintain insurance or provide indemnification on behalfof any person who is or was a director, officer, employee, or agent of theAuthority and on behalf of the Authority itself against any liabilityasserted against it or him or incurred by it or him in any such capacity orarising out of his status as such;
18. To establish and charge such fees as it deems appropriate for attachmentto or inclusion in the Authority's infrastructure, including but not limitedto its poles, conduits, and collocation sites, subject to all existinglimitations and restrictions thereon;
19. To fund economic development projects and, in advance of economicdevelopment projects, to enter into contracts, to borrow money and to do allother such acts as will allow it to encourage and support economicdevelopment; and
20. To have police powers on all of the properties of the Authority withinthe Commonwealth, exercised through appointment of an armed conservator ofthe peace. The President of the Authority may apply to the circuit court forany locality in which the Authority has property for the appointment of oneor more special conservators of the peace under procedures specified byChapter 2 (§ 19.2-12 et seq.) of Title 19.2 of the Code of Virginia or anysuccessor provisions. Any such special conservator of the peace shall have,within the lands and facilities controlled by the Authority, the powers,functions, duties, responsibilities, and authority of any other armedconservator of the peace. Nothing in this section shall be construed toprevent the conservator of the peace currently serving Bristol VirginiaUtilities from continuing as an armed special conservator of the peace forthe Authority during the remainder of his term, if not removed for cause.
The Authority is hereby granted all powers necessary or appropriate to carryout the purposes of this chapter in order to provide electric, water, sewer,and telecommunication and related services, including without limitation,cable television internet, and all other services that might be lawfullyrendered by use of the Authority's fiber optic system, subject to allexisting limitations and restrictions thereon. Such powers include, withoutlimitation, except as set forth hereafter, the following:
1. To adopt bylaws for the regulation of its affairs and the conduct of itsbusiness;
2. To sue and be sued in the Authority's name;
3. To have perpetual succession;
4. To adopt a corporate seal and alter the same at its pleasure;
5. To maintain offices at such places as it may designate;
6. To appoint, employ, or engage such officers, employees, architects,engineers, attorneys, accountants, financial advisors, investment bankers,and other advisors, consultants, and agents as may be necessary orappropriate, and to fix their duties and compensation;
7. To establish personnel rules;
8. To make, assume, and enter into all contracts, leases, and arrangementsnecessary or incidental to the exercise of its powers, including contractsfor the management or operation of all or any part of its facilities;
9. To borrow money, as hereinafter provided, and to borrow money for thepurpose of meeting casual deficits in its revenues;
10. To provide electric, water, sewer, and telecommunication and relatedservices, including without limitation, cable television, internet, and allother services that might be lawfully rendered by use of the Authority'sfiber optic system as set forth in § 15.2-7208 subject to all existingrestrictions and limitations thereon;
11. To determine fees, rates, and charges for the services and products itprovides, subject only to such state or federal regulation as the TennesseeValley Authority (TVA) or other cognizant state or federal agency may imposeby order, rulemaking, contract or otherwise, including, without limitation,electric, water and sewer, and internet and cable television services,including all other services that might be rendered by use of its fiber opticsystem, furnished by the Authority. MLEC telephone service, including rates,is regulated by the Commission. All rate increases for services other thanelectric, which are set by the TVA, and telephone, which are set by theCommission and applicable law, shall require a favorable vote at twomeetings, one of which must be a regular meeting of the BVU Authority Board.
The Authority may assess such rates and charges for such services or productsin such manner mutatis mutandis as BVU or the City has the authority to do soat present subject to the same restrictions and limitations thereon;
12. To adopt, amend, and repeal rules and regulations for the use,maintenance, and operation of its facilities and utility services andgoverning the conduct of persons and organizations using its facilities orobtaining its utility services and to enforce such rules and regulations andall other rules, regulations, ordinances, and statutes relating to itsfacilities and services, as authorized by the enacting body of such rules,regulations, ordinances, and statutes. The civil penalty for violation of anysuch rules and regulations shall be set forth in the rules and may beenforced by the Authority by direct action in terminating services and by theimposition of monetary penalties to be billed to the customer. The Authoritymay request the governing body of each locality in which it does business toimpose by ordinance such penal liability for violation of such rules andregulations as such body deems appropriate;
13. To apply for and accept gifts or grants of money or gifts, grants orloans of other property or other financial assistance from the United Statesof America and agencies and instrumentalities thereof, this Commonwealth andpolitical subdivisions, agencies and instrumentalities thereof, or any otherperson or entity, for or in aid of the construction, acquisition, ownership,operation, maintenance, or repair of its infrastructure or for the payment ofprincipal of any indebtedness of the Authority, interest thereon, or othercost incident thereto, or for the operation of any of its services, or forany other purpose of the Authority, and to this end the Authority shall havethe power to render such services, comply with such conditions, and executesuch agreements and legal instruments as may be necessary, convenient ordesirable or imposed as a condition to such financial aid;
14. Subject to subdivision 16 and all existing limitations and restrictionsthereon, to acquire, establish, construct, enlarge, improve, maintain, equip,operate, and regulate electric, water, sewer, telecommunications, internetand cable television services, including all other services that might berendered by use of its fiber optic system, and other infrastructure andfacilities that are owned or managed by the Authority within the territorialareas in which it operates or provides services;
15. To construct, install, maintain, and operate facilities andinfrastructure for managing its utility, consulting and operationalmanagement services. The Authority shall have the power and duty to manageand operate the electric, public lighting, water, sewerage,telecommunications, internet and cable television services, including allother services that might be rendered by use of its fiber optic systemdirectly subject to all existing limitations and restrictions thereon, or itmay subcontract such functions. The Authority shall construct, maintain, andoperate all facilities necessary thereto; shall sell and distribute to thepublic electric power, light, water, sewer, telecommunications, internet andcable television, and other services as they now exist or may exist in thefuture subject to all existing limitations and restrictions thereon; andshall collect the rates and charges provided for all such services;
16. To own, purchase, lease, obtain options upon, acquire by gift, grant, orbequest or otherwise acquire any property, real or personal, or any interesttherein, and in connection therewith to assume or take subject to anyindebtedness secured by such property and dispose of any or all suchproperties as is deemed appropriate by the Board. The Authority shall havethe power of eminent domain to acquire property and easements as needed forits various utility services within the areas it provides or can provide suchservices. The power of eminent domain shall not include the power to acquireexisting telecommunications, internet or cable facilities, which is expresslyprohibited, and the Authority shall not accept or receive anytelecommunications, internet or cable facilities from an entity that acquiredsuch facilities by use of eminent domain;
17. To purchase and maintain insurance or provide indemnification on behalfof any person who is or was a director, officer, employee, or agent of theAuthority and on behalf of the Authority itself against any liabilityasserted against it or him or incurred by it or him in any such capacity orarising out of his status as such;
18. To establish and charge such fees as it deems appropriate for attachmentto or inclusion in the Authority's infrastructure, including but not limitedto its poles, conduits, and collocation sites, subject to all existinglimitations and restrictions thereon;
19. To fund economic development projects and, in advance of economicdevelopment projects, to enter into contracts, to borrow money and to do allother such acts as will allow it to encourage and support economicdevelopment; and
20. To have police powers on all of the properties of the Authority withinthe Commonwealth, exercised through appointment of an armed conservator ofthe peace. The President of the Authority may apply to the circuit court forany locality in which the Authority has property for the appointment of oneor more special conservators of the peace under procedures specified byChapter 2 (§ 19.2-12 et seq.) of Title 19.2 of the Code of Virginia or anysuccessor provisions. Any such special conservator of the peace shall have,within the lands and facilities controlled by the Authority, the powers,functions, duties, responsibilities, and authority of any other armedconservator of the peace. Nothing in this section shall be construed toprevent the conservator of the peace currently serving Bristol VirginiaUtilities from continuing as an armed special conservator of the peace forthe Authority during the remainder of his term, if not removed for cause.
