2006 Code of Virginia § 15.2-5114 - Powers of authority

15.2-5114. Powers of authority.

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 stormwater control system or water or wastesystem or any combination of such systems within, outside, or partly withinand partly outside one or more of the localities which created the authority,or which after February 27, 1962, joined such authority; acquire by gift,purchase or the exercise of the right of eminent domain lands or rights inland or water rights in connection therewith, within, outside, or partlywithin and partly outside one or more of the localities which created theauthority, or which after February 27, 1962, joined such authority; and sell,lease as lessor, transfer or dispose of all or any part of any property,real, personal or mixed, or interest therein, acquired by it; however, in theexercise of the right of eminent domain the provisions of 25.1-102 shallapply. In addition, the authority in any county or city to which 15.2-1906and 15.2-2146 are applicable shall have the same power of eminent domain andshall follow the same procedure provided in 15.2-1906 and 15.2-2146. Noproperty or any interest or estate owned by any political subdivision shallbe acquired by an authority by the exercise of the power of eminent domainwithout the consent of the governing body of such political subdivision.Except as otherwise provided in this section, each authority is hereby vestedwith the same authority to exercise the power of eminent domain as is vestedin the Commonwealth Transportation Commissioner. In acquiring personalproperty or any interest, right, or estate therein by purchase, lease aslessee, or installment purchase contract, an authority may grant securityinterests in such personal property or 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 stormwater control system orwater or waste system;

8. Combine any stormwater control system or water or waste system as a singlesystem for the purpose of operation and financing;

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 for theservices furnished by or for the benefit from any system operated by theauthority. Such rates, fees, rents and charges shall be charged to andcollected from any person contracting for the services or the lessee ortenant who uses or occupies any real estate which is served by or benefitsfrom any such system. Water and sewer connection fees established by anyauthority shall be fair and reasonable. Such fees shall be reviewed by theauthority periodically and shall be adjusted, if necessary, to assure thatthey continue 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 stormwater control system orwater or waste system of the authority or in connection with the services andfacilities rendered by any like system owned or controlled by the federalgovernment, the Commonwealth, the District of Columbia or any adjoining stateor any agency or instrumentality thereof, any unit or any person, and mayinclude contracts providing for or relating to the right of an authority,created for such purpose, to receive and use and dispose of all or anyportion of the refuse generated or collected by or within the jurisdiction orunder the control of any one or more of them. In the implementation of anysuch contract, an authority may exercise the powers set forth in 15.2-927and 15.2-928. The power granted authorities under this chapter to enter intocontracts with private entities includes the authority to enter intopublic-private partnerships for the establishment and operation of water andsewage systems, including the authority to contract for, and contract toprovide, 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 stormwater control system or wateror waste system, or streetlight system in a county having a populationbetween 13,200 and 14,000 according to the 1990 United States Census,subject, however, to such reasonable local police regulation as may beestablished by the governing body of any unit having jurisdiction;

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 sewer service orsewage disposal service fees, rents or charges imposed by any such body; and

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.

(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.)