§ 15.2-7304. Additional declaration of policy; powers of theAuthority.
A. It is the policy of the Commonwealth that property at FortMonroe shall not be sold to private interests, but shall be maintained as Commonwealth-ownedland that is leased, whether by short-term operating/revenue lease or long-termground lease, to appropriate public, private, or joint venture entities. If thedecision is ever made to sell property at Fort Monroe, it may only be sold withthe consent of both the Governor and the General Assembly, and approval as toform of the documents by the Attorney General.
B. The Authority shall have the following powers to:
1. Sue and be sued; to adopt and use a common seal and toalter the same as may be deemed expedient; to have perpetual succession; tomake and execute contracts and other instruments necessary or convenient to theexercise of the powers of the Authority; and to make and from time to timeamend and repeal bylaws, rules, and regulations, not inconsistent with law, tocarry into effect the powers and purposes of the Authority;
2. Foster and stimulate the economic and other development ofFort Monroe and its area of influence, including without limitation developmentfor business, employment, housing, commercial, recreational, educational, andother public purposes; to prepare and carry out plans and projects toaccomplish such objectives; to provide for the construction, reconstruction,improvement, alteration, maintenance, removal, equipping, or repair of anybuildings, structures, or land of any kind; to lease, or rent to others or todevelop, operate, or manage with others in a joint venture or other partneringarrangement, on such terms as it deems proper and which are consistent with theprovisions of § 15.2-7309, any lands, dwellings, houses, accommodations,structures, buildings, facilities, or appurtenances embraced within FortMonroe; to establish, collect, and revise the rents charged and terms andconditions of occupancy thereof; to terminate any such lease or rentalobligation upon the failure of the lessee or renter to comply with any of theobligations thereof; to arrange or contract for the furnishing by any person oragency, public or private, of works, services, privileges, or facilities inconnection with any activity in which the Authority may engage, including theprovision of any and all municipal services that may be required at FortMonroe; to acquire, own, hold, and improve real or personal property; to purchase,lease, obtain options upon, acquire by gift, grant, bequest, devise, easement,dedication, or otherwise any real or personal property or any interest therein,which purchase, lease, or acquisition may be made for less than fair marketvalue; to sell, lease, exchange, transfer, assign, or pledge any personalproperty or any interest therein, which sale, lease, or other transfer orassignment may be made for less than fair market value; to dedicate, make agift of, or lease for a nominal amount any real or personal property or anyinterest therein to the Commonwealth or the localities or agencies, public orprivate, within the area of operation or adjacent to such authority, jointly orseverally, for public use or benefit, such as, but not limited to, game preserves,playgrounds, park and recreational areas and facilities, hospitals, clinics,schools, and airports; to acquire, lease, maintain, alter, operate, improve,expand, sell, or otherwise dispose of on-site utility and infrastructuresystems or sell any excess service capacity for off-site use; to acquire,lease, construct, maintain, and operate and dispose of tracks, spurs,crossings, terminals, warehouses, and terminal facilities of every kind anddescription necessary or useful in the transportation and storage of goods,wares, and merchandise; and to insure or provide for the insurance of any realor personal property or operation of the Authority against any risks orhazards. The title to any real property acquired shall be in the name of theCommonwealth;
3. Invest any funds held in reserves or sinking funds, or anyfunds not required for immediate disbursements, in property or security inwhich fiduciaries may legally invest funds subject to their control; topurchase its bonds at a price not more than the principal amount thereof andaccrued interest, all bonds so purchased to be cancelled;
4. Undertake and carry out examinations, investigations,studies, and analyses of the business, industrial, agricultural, utility,transportation, and other economic development needs, requirements, andpotentialities of its area of operation, or off-site needs, requirements, andpotentialities that directly affect the success of the Authority at FortMonroe, and the manner in which such needs and requirements and potentialitiesare being met, or should be met, in order to accomplish the purposes for whichit is created; to make use of the facts determined in such research andanalyses in its own operation; and to make the results of such studies andanalyses available to public bodies and to private individuals, groups, andbusinesses, except as such information may be exempted pursuant to the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.);
5. Administer, develop, and maintain at Fort Monroe permanentcommemorative cultural and historical museums and memorials;
6. Adopt names, flags, seals, and other emblems for use inconnection with such shrines and to copyright the same in the name of theCommonwealth;
7. Enter into any contracts not otherwise specificallyauthorized herein to further the purposes of the Authority, after approval asto form by the Attorney General;
8. Establish nonprofit corporations as instrumentalities toassist in administering the affairs of the Authority;
9. Exercise the power of eminent domain in the manner providedby Chapter 3 (§ 25.1-300 et seq.) of Title 25.1; however, eminent domain mayonly be used to obtain easements across the leasehold interests of lessees ofproperty on Fort Monroe, for the provision of water, sewer, electrical, ingressand egress, and other necessary or useful services to further the purposes ofthe Authority, unless the Governor has expressly granted authority to obtaininterests for other purposes;
10. Convey by lease land to any person, association, firm, orcorporation for such term and on such conditions as the Authority maydetermine, after approval as to form by the Attorney General;
11. Receive and expend gifts, grants, and donations fromwhatever source derived for the purposes of the Authority;
12. Employ an executive director and such deputies andassistants as may be required;
13. Elect any past chairman of the Board of Trustees to thehonorary position of chairman emeritus. Chairmen emeriti shall serve ashonorary members for life. Chairmen emeriti shall be elected in addition to theat-large positions defined in § 15.2-7302;
14. Determine what paintings, statuary, works of art,manuscripts, and artifacts may be acquired by purchase, gift, or loan, and toexchange or sell the same if not inconsistent with the terms of such purchase,gift, loan, or other acquisition;
15. Change the form of investment of any funds, securities, orother property, real or personal, provided the same are not inconsistent withthe terms of the instrument under which the same were acquired, and to sell,grant, or convey any such property, except that any transfers of real propertymay be made only with the consent of the Governor;
16. Cooperate with the federal government, the Commonwealth,and the localities within its area of operation or adjacent to such authorityin the discharge of its enumerated powers;
17. Exercise all or any part or combination of powers hereingranted;
18. Do any and all other acts and things that may bereasonably necessary and convenient to carry out its purposes and powers;
19. Adopt by the Board of Trustees of the Authority, or theexecutive committee thereof, such regulations from time to time, concerning theuse and visitation of properties under the control of the Fort MonroeAuthority, to protect or secure such properties and the public enjoymentthereof;
20. Provide parking and traffic rules and regulations onproperty owned by the Authority; and
21. Provide that any person who knowingly violates aregulation of the Authority may be requested by an agent or employee of theAuthority to leave the property and upon the failure of such person so to do,shall be guilty of a trespass, as provided in § 18.2-119.
§ 15.2-7304. Additional declaration of policy; powers of theAuthority.
A. It is the policy of the Commonwealth that property at FortMonroe shall not be sold to private interests, but shall be maintained as Commonwealth-ownedland that is leased, whether by short-term operating/revenue lease or long-termground lease, to appropriate public, private, or joint venture entities. If thedecision is ever made to sell property at Fort Monroe, it may only be sold withthe consent of both the Governor and the General Assembly, and approval as toform of the documents by the Attorney General.
B. The Authority shall have the following powers to:
1. Sue and be sued; to adopt and use a common seal and toalter the same as may be deemed expedient; to have perpetual succession; tomake and execute contracts and other instruments necessary or convenient to theexercise of the powers of the Authority; and to make and from time to timeamend and repeal bylaws, rules, and regulations, not inconsistent with law, tocarry into effect the powers and purposes of the Authority;
2. Foster and stimulate the economic and other development ofFort Monroe and its area of influence, including without limitation developmentfor business, employment, housing, commercial, recreational, educational, andother public purposes; to prepare and carry out plans and projects toaccomplish such objectives; to provide for the construction, reconstruction,improvement, alteration, maintenance, removal, equipping, or repair of anybuildings, structures, or land of any kind; to lease, or rent to others or todevelop, operate, or manage with others in a joint venture or other partneringarrangement, on such terms as it deems proper and which are consistent with theprovisions of § 15.2-7309, any lands, dwellings, houses, accommodations,structures, buildings, facilities, or appurtenances embraced within FortMonroe; to establish, collect, and revise the rents charged and terms andconditions of occupancy thereof; to terminate any such lease or rentalobligation upon the failure of the lessee or renter to comply with any of theobligations thereof; to arrange or contract for the furnishing by any person oragency, public or private, of works, services, privileges, or facilities inconnection with any activity in which the Authority may engage, including theprovision of any and all municipal services that may be required at FortMonroe; to acquire, own, hold, and improve real or personal property; to purchase,lease, obtain options upon, acquire by gift, grant, bequest, devise, easement,dedication, or otherwise any real or personal property or any interest therein,which purchase, lease, or acquisition may be made for less than fair marketvalue; to sell, lease, exchange, transfer, assign, or pledge any personalproperty or any interest therein, which sale, lease, or other transfer orassignment may be made for less than fair market value; to dedicate, make agift of, or lease for a nominal amount any real or personal property or anyinterest therein to the Commonwealth or the localities or agencies, public orprivate, within the area of operation or adjacent to such authority, jointly orseverally, for public use or benefit, such as, but not limited to, game preserves,playgrounds, park and recreational areas and facilities, hospitals, clinics,schools, and airports; to acquire, lease, maintain, alter, operate, improve,expand, sell, or otherwise dispose of on-site utility and infrastructuresystems or sell any excess service capacity for off-site use; to acquire,lease, construct, maintain, and operate and dispose of tracks, spurs,crossings, terminals, warehouses, and terminal facilities of every kind anddescription necessary or useful in the transportation and storage of goods,wares, and merchandise; and to insure or provide for the insurance of any realor personal property or operation of the Authority against any risks orhazards. The title to any real property acquired shall be in the name of theCommonwealth;
3. Invest any funds held in reserves or sinking funds, or anyfunds not required for immediate disbursements, in property or security inwhich fiduciaries may legally invest funds subject to their control; topurchase its bonds at a price not more than the principal amount thereof andaccrued interest, all bonds so purchased to be cancelled;
4. Undertake and carry out examinations, investigations,studies, and analyses of the business, industrial, agricultural, utility,transportation, and other economic development needs, requirements, andpotentialities of its area of operation, or off-site needs, requirements, andpotentialities that directly affect the success of the Authority at FortMonroe, and the manner in which such needs and requirements and potentialitiesare being met, or should be met, in order to accomplish the purposes for whichit is created; to make use of the facts determined in such research andanalyses in its own operation; and to make the results of such studies andanalyses available to public bodies and to private individuals, groups, andbusinesses, except as such information may be exempted pursuant to the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.);
5. Administer, develop, and maintain at Fort Monroe permanentcommemorative cultural and historical museums and memorials;
6. Adopt names, flags, seals, and other emblems for use inconnection with such shrines and to copyright the same in the name of theCommonwealth;
7. Enter into any contracts not otherwise specificallyauthorized herein to further the purposes of the Authority, after approval asto form by the Attorney General;
8. Establish nonprofit corporations as instrumentalities toassist in administering the affairs of the Authority;
9. Exercise the power of eminent domain in the manner providedby Chapter 3 (§ 25.1-300 et seq.) of Title 25.1; however, eminent domain mayonly be used to obtain easements across the leasehold interests of lessees ofproperty on Fort Monroe, for the provision of water, sewer, electrical, ingressand egress, and other necessary or useful services to further the purposes ofthe Authority, unless the Governor has expressly granted authority to obtaininterests for other purposes;
10. Convey by lease land to any person, association, firm, orcorporation for such term and on such conditions as the Authority maydetermine, after approval as to form by the Attorney General;
11. Receive and expend gifts, grants, and donations fromwhatever source derived for the purposes of the Authority;
12. Employ an executive director and such deputies andassistants as may be required;
13. Elect any past chairman of the Board of Trustees to thehonorary position of chairman emeritus. Chairmen emeriti shall serve ashonorary members for life. Chairmen emeriti shall be elected in addition to theat-large positions defined in § 15.2-7302;
14. Determine what paintings, statuary, works of art,manuscripts, and artifacts may be acquired by purchase, gift, or loan, and toexchange or sell the same if not inconsistent with the terms of such purchase,gift, loan, or other acquisition;
15. Change the form of investment of any funds, securities, orother property, real or personal, provided the same are not inconsistent withthe terms of the instrument under which the same were acquired, and to sell,grant, or convey any such property, except that any transfers of real propertymay be made only with the consent of the Governor;
16. Cooperate with the federal government, the Commonwealth,and the localities within its area of operation or adjacent to such authorityin the discharge of its enumerated powers;
17. Exercise all or any part or combination of powers hereingranted;
18. Do any and all other acts and things that may bereasonably necessary and convenient to carry out its purposes and powers;
19. Adopt by the Board of Trustees of the Authority, or theexecutive committee thereof, such regulations from time to time, concerning theuse and visitation of properties under the control of the Fort MonroeAuthority, to protect or secure such properties and the public enjoymentthereof;
20. Provide parking and traffic rules and regulations onproperty owned by the Authority; and
21. Provide that any person who knowingly violates aregulation of the Authority may be requested by an agent or employee of theAuthority to leave the property and upon the failure of such person so to do,shall be guilty of a trespass, as provided in § 18.2-119.
§ 15.2-7304. Additional declaration of policy; powers of theAuthority.
A. It is the policy of the Commonwealth that property at FortMonroe shall not be sold to private interests, but shall be maintained as Commonwealth-ownedland that is leased, whether by short-term operating/revenue lease or long-termground lease, to appropriate public, private, or joint venture entities. If thedecision is ever made to sell property at Fort Monroe, it may only be sold withthe consent of both the Governor and the General Assembly, and approval as toform of the documents by the Attorney General.
B. The Authority shall have the following powers to:
1. Sue and be sued; to adopt and use a common seal and toalter the same as may be deemed expedient; to have perpetual succession; tomake and execute contracts and other instruments necessary or convenient to theexercise of the powers of the Authority; and to make and from time to timeamend and repeal bylaws, rules, and regulations, not inconsistent with law, tocarry into effect the powers and purposes of the Authority;
2. Foster and stimulate the economic and other development ofFort Monroe and its area of influence, including without limitation developmentfor business, employment, housing, commercial, recreational, educational, andother public purposes; to prepare and carry out plans and projects toaccomplish such objectives; to provide for the construction, reconstruction,improvement, alteration, maintenance, removal, equipping, or repair of anybuildings, structures, or land of any kind; to lease, or rent to others or todevelop, operate, or manage with others in a joint venture or other partneringarrangement, on such terms as it deems proper and which are consistent with theprovisions of § 15.2-7309, any lands, dwellings, houses, accommodations,structures, buildings, facilities, or appurtenances embraced within FortMonroe; to establish, collect, and revise the rents charged and terms andconditions of occupancy thereof; to terminate any such lease or rentalobligation upon the failure of the lessee or renter to comply with any of theobligations thereof; to arrange or contract for the furnishing by any person oragency, public or private, of works, services, privileges, or facilities inconnection with any activity in which the Authority may engage, including theprovision of any and all municipal services that may be required at FortMonroe; to acquire, own, hold, and improve real or personal property; to purchase,lease, obtain options upon, acquire by gift, grant, bequest, devise, easement,dedication, or otherwise any real or personal property or any interest therein,which purchase, lease, or acquisition may be made for less than fair marketvalue; to sell, lease, exchange, transfer, assign, or pledge any personalproperty or any interest therein, which sale, lease, or other transfer orassignment may be made for less than fair market value; to dedicate, make agift of, or lease for a nominal amount any real or personal property or anyinterest therein to the Commonwealth or the localities or agencies, public orprivate, within the area of operation or adjacent to such authority, jointly orseverally, for public use or benefit, such as, but not limited to, game preserves,playgrounds, park and recreational areas and facilities, hospitals, clinics,schools, and airports; to acquire, lease, maintain, alter, operate, improve,expand, sell, or otherwise dispose of on-site utility and infrastructuresystems or sell any excess service capacity for off-site use; to acquire,lease, construct, maintain, and operate and dispose of tracks, spurs,crossings, terminals, warehouses, and terminal facilities of every kind anddescription necessary or useful in the transportation and storage of goods,wares, and merchandise; and to insure or provide for the insurance of any realor personal property or operation of the Authority against any risks orhazards. The title to any real property acquired shall be in the name of theCommonwealth;
3. Invest any funds held in reserves or sinking funds, or anyfunds not required for immediate disbursements, in property or security inwhich fiduciaries may legally invest funds subject to their control; topurchase its bonds at a price not more than the principal amount thereof andaccrued interest, all bonds so purchased to be cancelled;
4. Undertake and carry out examinations, investigations,studies, and analyses of the business, industrial, agricultural, utility,transportation, and other economic development needs, requirements, andpotentialities of its area of operation, or off-site needs, requirements, andpotentialities that directly affect the success of the Authority at FortMonroe, and the manner in which such needs and requirements and potentialitiesare being met, or should be met, in order to accomplish the purposes for whichit is created; to make use of the facts determined in such research andanalyses in its own operation; and to make the results of such studies andanalyses available to public bodies and to private individuals, groups, andbusinesses, except as such information may be exempted pursuant to the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.);
5. Administer, develop, and maintain at Fort Monroe permanentcommemorative cultural and historical museums and memorials;
6. Adopt names, flags, seals, and other emblems for use inconnection with such shrines and to copyright the same in the name of theCommonwealth;
7. Enter into any contracts not otherwise specificallyauthorized herein to further the purposes of the Authority, after approval asto form by the Attorney General;
8. Establish nonprofit corporations as instrumentalities toassist in administering the affairs of the Authority;
9. Exercise the power of eminent domain in the manner providedby Chapter 3 (§ 25.1-300 et seq.) of Title 25.1; however, eminent domain mayonly be used to obtain easements across the leasehold interests of lessees ofproperty on Fort Monroe, for the provision of water, sewer, electrical, ingressand egress, and other necessary or useful services to further the purposes ofthe Authority, unless the Governor has expressly granted authority to obtaininterests for other purposes;
10. Convey by lease land to any person, association, firm, orcorporation for such term and on such conditions as the Authority maydetermine, after approval as to form by the Attorney General;
11. Receive and expend gifts, grants, and donations fromwhatever source derived for the purposes of the Authority;
12. Employ an executive director and such deputies andassistants as may be required;
13. Elect any past chairman of the Board of Trustees to thehonorary position of chairman emeritus. Chairmen emeriti shall serve ashonorary members for life. Chairmen emeriti shall be elected in addition to theat-large positions defined in § 15.2-7302;
14. Determine what paintings, statuary, works of art,manuscripts, and artifacts may be acquired by purchase, gift, or loan, and toexchange or sell the same if not inconsistent with the terms of such purchase,gift, loan, or other acquisition;
15. Change the form of investment of any funds, securities, orother property, real or personal, provided the same are not inconsistent withthe terms of the instrument under which the same were acquired, and to sell,grant, or convey any such property, except that any transfers of real propertymay be made only with the consent of the Governor;
16. Cooperate with the federal government, the Commonwealth,and the localities within its area of operation or adjacent to such authorityin the discharge of its enumerated powers;
17. Exercise all or any part or combination of powers hereingranted;
18. Do any and all other acts and things that may bereasonably necessary and convenient to carry out its purposes and powers;
19. Adopt by the Board of Trustees of the Authority, or theexecutive committee thereof, such regulations from time to time, concerning theuse and visitation of properties under the control of the Fort MonroeAuthority, to protect or secure such properties and the public enjoymentthereof;
20. Provide parking and traffic rules and regulations onproperty owned by the Authority; and
21. Provide that any person who knowingly violates aregulation of the Authority may be requested by an agent or employee of theAuthority to leave the property and upon the failure of such person so to do,shall be guilty of a trespass, as provided in § 18.2-119.
