2006 Code of Virginia § 3.1-62 - Miscellaneous

3.1-62. Miscellaneous.

(a) The market when constructed and put in operation shall be maintained andkept in good condition and repair by the authority and shall be operated bysuch employees as the authority may employ. The market shall be policed bythe police force of such city or of the county in which the market may belocated, which shall be responsible for the preservation of the public peace,prevention of crime, apprehension of criminals, protection of the rights ofpersons and property, and enforcement of the laws of the Commonwealth and allordinances of such city or county and rules and regulations made inaccordance therewith within the market boundaries and such force shall haveall the rights and duties of police officers as provided by the general lawsof the Commonwealth within the market boundaries. For the purpose ofenforcing such laws, ordinances, rules and regulations the court or courtshaving jurisdiction for the trial of criminal offenses in such city or countyshall have jurisdiction to try any person charged with the commission of anysuch crime or ordinance violation or rule or regulation within the marketboundaries. Violation of or failure, refusal or neglect to observe, obey andcomply with the rules and regulations of the authority adopted pursuant tothe provisions of this article shall constitute a misdemeanor and shall bepunishable accordingly, and such police force shall have the power andjurisdiction to enforce such rules and regulations.

(b) All ordinances and other acts of the governing body of such city orcounty and all rules and regulations made pursuant thereto or other law shallapply to and shall be enforced within the market boundaries to the sameextent and with the same force and effect as such ordinances, acts, rules andregulations apply and are effective and enforced within the boundaries ofsuch city or county.

(c) The court or courts having jurisdiction of actions at law and suits inequity and of other proceedings, actions and suits in such city or countyshall have exclusive jurisdiction for the trial of all such actions, suitsand proceedings growing out of the construction, maintenance, repair,extension, expansion and operation of the market, and growing out of anyother circumstances, events, or causes originating within the marketboundaries. Eminent domain proceedings instituted and conducted by theauthority shall be brought and conducted in the court or courts havingjurisdiction of such proceedings in such city or county, and jurisdiction ishereby conferred on such courts for such purpose.

(d) All private property damaged or destroyed in carrying out the powersgranted by this article shall be restored or repaired and placed in itsoriginal condition as nearly as practicable or just compensation shall bepaid therefor out of funds provided under the provisions of this article.

(e) Every such city or county shall have the power to acquire in the mannerand by the procedure prescribed in its charter or by general law such realproperty as its governing body shall determine and to sell or lease suchproperty to the authority upon such terms and conditions as such governingbody may prescribe to effectuate the purposes of the authority. Such city orcounty may also sell or lease to the authority real property previouslyacquired by such city or county, which in the opinion of its governing bodyis not needed for other public use, upon such terms and conditions as suchgoverning body may prescribe. The authority shall pay to such city or countythe fair market value of such property sold to the authority and if thepayment thereof is deferred or is to be made in installments, such deferredpayments or installments, including interest on the purchase price, shall bedisbursed from the revenues of the authority as a part of the cost ofoperating the market. Rent or other compensation paid for the lease of suchproperty to the authority shall likewise be paid from the revenues of theauthority as a part of the cost of operating the market. The sale or lease ofany such property to the authority may be done without the necessity for anyadvertisement, order of court or other action or formality, other than theregular and formal action of such city and the authority.

(f) On or before the thirtieth day of January in each year, the authorityshall make an annual report of its activities for the preceding calendar yearto the Commissioner of Agriculture and Consumer Services and such city orcounty. Each such report shall set forth a complete operating and financialstatement covering the authority's operations during the year. The authorityshall cause an audit of its books and accounts to be made at least once ineach year by certified public accountants and the cost thereof shall betreated as a part of the cost of the construction or operation of the market.

(g) Any director of the authority may contract with the authority for the useof the facilities of the market for buying and selling produce on the market,but no other contract between a director and the authority shall be validunless and until such contract is approved by the governing body of such cityor county. Any agent or employee of the authority who contracts with theauthority or is interested, either directly or indirectly, in any contractwith the authority or in the sale of any property, either real or personal,to the authority shall be guilty of a misdemeanor and such contract shall bevoid and unenforceable. Jurisdiction for the trial of such misdemeanors ishereby conferred upon the hustings or corporation court of such city or thecircuit court of such county, as the case may be.

(h) The records, books and accounts of the authority shall be subject toexamination and inspection by duly authorized representatives of theGovernor, the Commissioner of Agriculture and Consumer Services and thegoverning body of such city and any bondholder or bondholders at anyreasonable time, provided the business of the authority is not undulyinterrupted or interfered with thereby.

(i) The authority shall not discriminate in the operation of the marketagainst the sale at the market of any perishable farm product, nor againstany producer of any perishable farm product, on account of the county orstate in which any such product is produced, or on account of the legalnature of the producer or other person engaged in the marketing of any suchproduct, whether individual, cooperative, partnership or corporate, or onaccount of the conditions of employment or the nature of the labor employedin the production or marketing of such product; but every such authorityshall take all reasonable action and precaution to prevent any suchdiscrimination.

(j) The authority may enter into contracts with such city or county forproviding such water, gas, electric, sewage disposal, and refuse collectionservices, and fire and police protection and other services required for theconstruction, maintenance and operation of the market, which shall be uponsuch terms and conditions and at such rates, fees and charges as shall beprescribed by such city or county; the cost of obtaining such services fromthe city or county shall be paid as a part of the cost of operating themarket.

(k) The lease of any of the facilities of the market or the grant of anyprivilege for the use thereof shall not be construed to relieve any suchlessee or grantee from any tax levied by the Commonwealth or such city orcounty applicable to such lessee or grantee nor shall such lessee or granteebe exempt therefrom.

(l) Every person, firm and corporation which violates, or fails, refuses orneglects to observe and comply with any rule or regulation established by theauthority for the use of the market, or any part thereof may be evictedtherefrom, and shall be guilty of a misdemeanor. Each such violation,failure, refusal or neglect and each day's continuance thereof shallconstitute a separate offense. Jurisdiction for the trial of suchmisdemeanors is hereby conferred upon the hustings or corporation court ofsuch city or the circuit court of such county, as the case may be.

(Code 1950, 3-79.16; 1954, c. 407; 1966, c. 702.)