2006 Code of Virginia § 33.1-269 - General powers of Board

33.1-269. General powers of Board.

The Commonwealth Transportation Board may, subject to the provisions of thisarticle:

1. Acquire by purchase or by condemnation, construct, improve, operate andmaintain any one or more of the projects mentioned and included in theundertaking defined in this article;

2. Issue revenue bonds of the Commonwealth, to be known and designated as"Commonwealth of Virginia Toll Revenue Bonds," payable from earnings andfrom any other available sources of funds, to pay the cost of such projects;

3. Subject to the limitations and approvals of 33.1-279.1, issue revenuebonds of the Commonwealth to be known and designated as "Commonwealth ofVirginia Transportation Contract Revenue Bonds," secured by TransportationTrust Fund revenues under a payment agreement between the Board and theTreasury Board, subject to their appropriation by the General Assembly andpayable first from revenues received pursuant to contracts with a primaryhighway transportation improvement district or transportation servicedistrict or other local revenue sources for which specific funding of anysuch bonds may be authorized by law; second, to the extent required, fromfunds appropriated and allocated, pursuant to the highway allocation formulaas provided by law, to the highway construction district in which the projector projects to be financed are located or to the county or counties in whichthe project or projects to be financed are located; and third, to the extentrequired, from other legally available revenues of the Trust Fund and fromany other available source of funds;

4. Issue revenue bonds of the Commonwealth to be known and designated as"Commonwealth of Virginia Transportation Revenue Bonds," secured (i) byrevenues received from the U.S. Route 58 Corridor Development Fund, subjectto their appropriation by the General Assembly, (ii) to the extent required,from revenues legally available from the Transportation Trust Fund and (iii)to the extent required, from any other legally available funds which havebeen appropriated by the General Assembly;

4a. Issue revenue bonds of the Commonwealth to be known and designated as"Commonwealth of Virginia Transportation Revenue Bonds," secured, subjectto their appropriation by the General Assembly, first from (i) revenuesreceived from the Northern Virginia Transportation District Fund, (ii) to theextent required, funds appropriated and allocated, pursuant to the highwayallocation formula as provided by law, to the highway construction districtin which the project or projects to be financed are located or to the city orcounty in which the project or projects to be financed are located, (iii) tothe extent required, legally available revenues of the Transportation TrustFund, and (iv) such other funds which may be appropriated by the GeneralAssembly;

4b. Issue revenue bonds of the Commonwealth to be known and designated as"Commonwealth of Virginia Transportation Program Revenue Bonds" secured,subject to their appropriation by the General Assembly, first from (i) anyrevenues received from any Set-aside Fund established by the General Assemblypursuant to 58.1-816.1, (ii) to the extent required, revenues receivedpursuant to any contract with a local jurisdiction or any alternativemechanism for generation of local revenues for specific funding of a projectsatisfactory to the Commonwealth Transportation Board, (iii) to the extentrequired, funds appropriated and allocated, pursuant to the highwayallocation formula as provided by law, to the highway construction districtin which the project or projects to be financed are located or to the city orcounty in which the project or projects to be financed are located, (iv) tothe extent required, legally available revenues of the Transportation TrustFund, and (v) such other funds which may be appropriated by the GeneralAssembly. No bonds for any project or projects shall be issued under theauthority of this subsection unless such project or projects are specificallyincluded in a bill or resolution passed by the General Assembly;

4c. Issue revenue bonds of the Commonwealth to be known and designated as"Commonwealth of Virginia Transportation Program Revenue Bonds" secured,subject to their appropriation by the General Assembly, first from (i) anyrevenues received from the Commonwealth Transit Capital Fund established bythe General Assembly pursuant to subdivision A 4 g of 58.1-638, (ii) to theextent required, legally available revenues of the Transportation Trust Fund,and (iii) such other funds which may be appropriated by the General Assembly.No bonds for any project or projects shall be issued under the authority ofthis subsection unless such project or projects are specifically included ina bill or resolution passed by the General Assembly;

4d. Issue revenue bonds of the Commonwealth from time to time to be known anddesignated as "Commonwealth of Virginia Federal Highway ReimbursementAnticipation Notes" secured, subject to their appropriation by the GeneralAssembly, (i) first from any federal highway reimbursements and any otherfederal highway assistance received from time to time by the Commonwealth,(ii) then, at the discretion of the Board, to the extent required, fromlegally available revenues of the Transportation Trust Fund, and (iii) thenfrom such other funds, if any, which are designated by the General Assemblyfor such purpose;

4e. Issue revenue bonds of the Commonwealth from time to time to be known anddesignated as "Commonwealth of Virginia Credit Assistance Revenue Bonds,"secured, subject to their appropriation by the General Assembly, solely fromrevenues with respect to or generated by the project or projects beingfinanced thereby and any tolls or other revenues pledged by the Board assecurity therefor and in accordance with the applicable federal creditassistance authorized with respect to such project or projects by the UnitedStates Department of Transportation;

5. Fix and collect tolls and other charges for the use of such projects or torefinance the cost of such projects;

6. Construct grade separations at intersections of any projects with publichighways, streets or other public ways or places and change and adjust thelines and grades thereof so as to accommodate the same to the design of suchgrade separations, the cost of such grade separations and any damage incurredin changing and adjusting the lines and grades of such highways, streets,ways and places to be ascertained and paid by the Board as a part of the costof the project;

7. Vacate or change the location of any portion of any public highway, streetor other public way or place and reconstruct the same at such new location asthe Board deems most favorable for the project and of substantially the sametype and in as good condition as the original highway, streets, way or place,the cost of such reconstruction and any damage incurred in vacating orchanging the location thereof to be ascertained and paid by the Board as apart of the cost of the project. Any public highway, street or other publicway or place vacated or relocated by the Board shall be vacated or relocatedin the manner provided by law for the vacation or relocation of public roadsand any damages awarded on account thereof may be paid by the Board as a partof the cost of the project;

8. Make reasonable regulations for the installation, construction,maintenance, repair, renewal and relocation of pipes, mains, sewers,conduits, cables, wires, towers, poles and other equipment and appliancesherein called "public utility facilities," of the Commonwealth and of anymunicipality, county, or other political subdivision, public utility orpublic service corporation owning or operating the same in, on, along, overor under the project. Whenever the Board determines that it is necessary thatany such public utility facilities should be relocated or removed, theCommonwealth or such municipality, county, political subdivision, publicutility or public service corporation shall relocate or remove the same inaccordance with the order of the Board. The cost and expense of suchrelocation or removal, including the cost of installing such public utilityfacilities in a new location or locations, and the cost of any lands or anyrights or interests in lands, and any other rights acquired to accomplishsuch relocation or removal shall be ascertained by the Board.

On any toll project, the Board shall pay the cost and expense of relocationor removal as a part of the cost of the project for those public utilityfacilities owned or operated by the Commonwealth or such municipality,county, political subdivision, public utility or public service corporation.On all other projects, under this article, the Board shall pay the cost andexpense of relocation or removal as a part of the cost of the project forthose public utility facilities owned or operated by the Commonwealth or suchmunicipality, county, or political subdivision. The Commonwealth or suchmunicipality, county, political subdivision, public utility or public servicecorporation may maintain and operate such public utility facilities with thenecessary appurtenances, in the new location or locations, for as long aperiod and upon the same terms and conditions as it had the right to maintainand operate such public utility facilities in their former location orlocations;

9. Acquire by the exercise of the power of eminent domain any lands,property, rights, rights-of-way, franchises, easements and other property,including public lands, parks, playgrounds, reservations, highways orparkways, or parts thereof or rights therein, of any municipality, county orother political subdivision, deemed necessary or convenient for theconstruction or the efficient operation of the project or necessary in therestoration, replacement or relocation of public or private property damagedor destroyed.

The cost of such projects shall be paid solely from the proceeds ofCommonwealth of Virginia Toll or Transportation Contract Revenue Bonds or acombination thereof or from such proceeds and from any grant or contributionwhich may be made thereto pursuant to the provisions of this article;

10. Notwithstanding any provision of this article to the contrary, the Boardshall be authorized to exercise the powers conferred herein, in addition toits general powers to acquire rights-of-way and to construct, operate andmaintain state highways, with respect to any project which the GeneralAssembly has authorized or may hereafter authorize to be financed in whole orin part through the issuance of bonds of the Commonwealth pursuant to theprovisions of Section 9 (c) of Article X of the Constitution of Virginia; and

11. Enter into any agreements or take such other actions as the Board shalldetermine in connection with applying for or obtaining any federal creditassistance, including without limitation loan guarantees and lines of credit,pursuant to authorization from the United States Department of Transportationwith respect to any project included in the Commonwealth's long-rangetransportation plan and the approved State Transportation Improvement Program.

(Code 1950, 33-229; 1954, c. 319; 1970, c. 322; 1982, c. 403; 1986, Sp.Sess., c. 13; 1988, cc. 844, 903; 1989, Sp. Sess., cc. 9, 11; 1990, c. 710;1991, cc. 666, 713; 1993, cc. 391, 793; 1994, cc. 233, 520, 589, 662; 1995,c. 354; 1996, cc. 23, 143; 1999, c. 898; 2000, cc. 1019, 1044; 2004, c. 807.)