15.2-4515 - Powers and functions generally.
§ 15.2-4515. Powers and functions generally.
A. Any other provision of law to the contrary notwithstanding, a commissionshall, except as provided in subsection B herein, have the following powersand functions:
1. The commission shall prepare the transportation plan for thetransportation district and shall from time to time revise and amend the planin accordance with the planning process and procedures specified in Article 7(§§ 15.2-4527 and 15.2-4528) of this chapter.
2. The commission may, when a transportation plan is adopted according toArticle 7, construct or acquire, by purchase or lease, the transportationfacilities specified in such transportation plan.
3. The commission may enter into agreements or leases with private companiesfor the operation of its facilities, or may operate such facilities itself.
4. The commission may enter into contracts or agreements with the countiesand cities within the transportation district, or with counties and citieswhich adjoin the transportation district and are within the same planningdistrict, or with other commissions of adjoining transportation districts, toprovide, or cause to be provided, transit facilities and service to suchcounties and cities, or to provide transit facilities and other modes oftransportation between adjoining transportation districts. Such contracts oragreements, together with any agreements or leases for the operation of suchfacilities, may be utilized by the transportation district to finance theconstruction and operation of transportation facilities and such contracts,agreements or leases shall inure to the benefit of any creditor of thetransportation district.
Notwithstanding the above, however, except in any transportation districtcontaining any or all of the Counties of Hanover, Henrico, and Chesterfieldor the City of Richmond, being so delegated by the respective localgovernments, the commission shall not have the power to regulate servicesprovided by taxicabs, either within municipalities or across municipalboundaries, which regulation is expressly reserved to the municipalitieswithin which taxicabs operate. In any transportation district containing anyor all of the Counties of Hanover, Henrico, and Chesterfield or the City ofRichmond, the commission may upon proper authority granted by the respectivecomponent governments, regulate services provided by taxicabs, either withinlocalities or across county or city boundaries.
B. When the transportation district is located within a metropolitan areawhich includes all or a portion of a state or states contiguous to Virginia,the commission:
1. Shall not prepare a transportation plan nor construct or operate transitfacilities, but shall collaborate and cooperate in the manner specified inArticle 7 (§§ 15.2-4527 and 15.2-4528) with an agency in preparing, revising,and amending a transportation plan for such metropolitan area.
2. Shall, according to Article 7 and in cooperation with the governing bodiesof the component governments embraced within the transportation district,formulate the tentative policy and decisions of the transportation districtwith respect to the planning, design, location, construction, operation andfinancing of transportation facilities.
3. May, when a transportation plan applicable to such a transportationdistrict is adopted, enter into contracts or agreements with an agency tocontribute to the capital required for the construction and/or acquisition oftransportation facilities and for meeting expenses and obligations in theoperations of such facilities.
4. May, when a transportation plan applicable to such transportation districtis adopted, enter into contracts or agreements with the counties and citieswithin the transportation district to provide or cause to be providedtransportation facilities and service to such counties and cities.
5. Notwithstanding any other provision herein to the contrary:
a. May acquire land or any interest therein by purchase, lease, gift,condemnation or otherwise and provide transportation facilities thereon foruse in connection with any transportation service;
b. May acquire land or any interest therein by purchase, lease, gift,condemnation or otherwise in advance of need for sale or contribution to anagency, for use by that agency in connection with an adopted mass transitplan;
c. May, in accordance with the terms of any grant from or loan by the UnitedStates of America or the Commonwealth, or any agency or instrumentalitythereof, or when necessary to preserve essential transportation service,acquire transit facilities or any carrier, which is subject to thejurisdiction of the Washington Metropolitan Area Transit Commission, byacquisition of the capital stock or transit facilities and other assets ofany such carrier and shall provide for the performance of transportation byany such carrier or with such transit facilities by contract or lease.However, the contract or lease shall be for a term of no more than one year,renewable for additional terms of similar duration, and, in order to assureacceptable fare levels, may provide for financial assistance by purchase ofservice, operating subsidies or otherwise. No such service will be renderedwhich will adversely affect transit service rendered by the transitfacilities owned or controlled by the agency or any existing private transitor transportation company. When notified by the agency that it is authorizedto perform or cause to be performed transportation services with motorvehicle facilities, the commission, upon request by the agency, shalltransfer such capital stock or transit facilities to the agency at a price tobe agreed upon; and
d. May prepare a plan for mass transportation services with cities, counties,agencies, authorities, or commissions and may further contract withtransportation companies, cities, counties, commissions, authorities,agencies, and departments of the Commonwealth and appropriate agencies of thefederal government and/or governments contiguous to Virginia to providenecessary facilities, equipment, operations and maintenance, access, andinsurance pursuant to such plan.
C. The provisions of subdivisions 1 through 4 and provisions b and c ofsubdivision 5 of subsection B shall not apply (i) to any transportationdistrict which may be established on or after July 1, 1986, and whichincludes any one or more jurisdictions which are located within ametropolitan area, but which were not, on January 1, 1986, members of anyother transportation district or (ii) to any jurisdiction which, after July1, 1989, joins a transportation district which was established on or beforeJanuary 1, 1986. The provisions of this subsection shall only apply to anytransportation district or jurisdiction which is contiguous to the NorthernVirginia Transportation District. Any such district or jurisdiction shall besubject to the provisions of subsection A hereof, and further may exercisethe powers granted by subdivision B 5 a to acquire land or any interesttherein by purchase, lease, gift, condemnation or otherwise and providetransportation facilities thereon for use in connection with anytransportation service.
D. Until such time as a commission enters into contracts or agreements withits component governments under the provisions of subdivisions A 4 and B 4and is receiving revenues thereunder, adequate to meet the administrativeexpenses of the commission after paying or providing for the payment of theobligations arising under said subdivisions, the administrative expenses ofthe commission shall be borne by the component governments in the mannerherein set forth. The commission annually shall submit to the governingbodies of the component counties and cities a budget of its administrativerequirements for the next year. Except for the Northern VirginiaTransportation Commission, the administrative expenses of the commission, tothe extent funds for such expenses are not provided from other sources, shallbe allocated among the component governments on the basis of population asreflected by the latest population statistics of the Bureau of the Census;however, upon the request of any component government, the commission shallmake the allocation upon estimates of population prepared in a mannerapproved by the commission and by the governing body of the componentgovernment making such request. For the Northern Virginia TransportationCommission, the administrative expenses of the Commission, to the extentfunds for such expenses are not provided from other sources, shall beallocated among the component governments on the basis of the relative sharesof state and federal transit aids allocated by the Commission among itscomponent governments. Such budget shall be limited solely to theadministrative expenses of the Commission and shall not include any funds forconstruction or acquisition of transportation facilities and/or theperforming of transportation service. In addition, the Commission annuallyshall submit to the governing bodies of the component counties and cities abudget of its other expenses and obligations for the ensuing year. Suchexpenses and obligations shall be borne by the component counties and citiesin accordance with prior arrangements made therefor.
E. When a transportation plan has been adopted under § 15.2-4528 A 4, thecommission shall determine the equitable allocation among the componentgovernments of the costs incurred by the district in providing thetransportation facilities proposed in the transportation plan and anyexpenses and obligations from the operation thereof to be borne by eachcounty and city. In making such determinations, the commission shall considerthe cost of the facilities located within each county and city, thepopulation of each county and city, the benefits to be derived by each countyand city from the proposed transportation service and all other factors whichthe commission determines to be relevant. Such determination, however, shallnot create a commitment by the counties and cities and such commitments shallbe created only under the contracts or agreements specified in subdivisions A4 and B 4.
(1964, c. 631, § 15.1-1357; 1970, c. 449; 1972, c. 791; 1974, cc. 161, 566;1975, c. 6; 1976, c. 566; 1981, c. 444; 1985, c. 257; 1986, c. 438; 1987, c.158; 1989, c. 150; 1991, c. 231; 1997, c. 587.)