15.2-5704 - Powers of authority.
§ 15.2-5704. Powers of authority.
Each authority shall be deemed to be performing essential governmentalfunctions providing for the public health and welfare, and is authorized andempowered:
1. To have existence for such term of years as specified by the participatinglocalities;
2. To adopt bylaws for the regulation of its affairs and the conduct of itsbusiness;
3. To adopt an official seal and alter the same at pleasure;
4. To maintain an office at such place or places as it may designate;
5. To sue and be sued;
6. To acquire, purchase, lease as lessee, construct, reconstruct, improve,extend, operate and maintain parks within, or partly within and partlyoutside, one or more of the participating localities; to acquire by gift,purchase or the exercise of the right of eminent domain lands or rights inland or water rights in connection therewith; and to sell, lease as lessor,transfer or dispose of any property or interest therein acquired by it;however, the power of eminent domain shall not extend beyond the geographicallimits of the localities composing the authority;
7. To regulate the uses of all lands and facilities under control of theauthority;
8. To issue revenue bonds and revenue refunding bonds of the authority, suchbonds to be payable solely from revenues derived from the use of thefacilities or the furnishing of park services;
9. To accept grants and gifts from the localities forming or thereafterjoining the authority, the Commonwealth, the federal government or any othergovernmental bodies or political subdivisions, and from any other person;
10. To enter into contracts with the federal government, the Commonwealth,any political subdivision, or any agency or instrumentality thereof, or withany other person providing for or relating to the furnishing of park servicesor facilities;
11. To contract with any municipality, county, person or any public authorityor political subdivision of this or any adjoining state, on such terms as theauthority shall deem proper, for the construction, operation and maintenanceof any park which is partly in this Commonwealth and partly in such adjoiningstate;
12. To exercise the same rights for acquiring property for the constructionor improvement, maintenance or operation of a park as the locality orlocalities by which such authority is created may exercise. The governingbody of any participating locality, notwithstanding any contrary provision oflaw, general or special, is authorized and empowered to transfer jurisdictionover, to lease, lend, grant or convey to the authority, upon the request ofthe authority, upon such terms and conditions as the governing body of suchlocality may agree with the authority as reasonable and fair, real orpersonal property as may be necessary or desirable in connection with theacquisition, construction, improvement, operation or maintenance of a park,including public roads and other property already devoted to public use.Agreements may be entered into by the authority with the Commonwealth, or anyagency acting on behalf of the Commonwealth, for the acquisition of any landsor property, owned or controlled by the Commonwealth, for the purposes ofconstruction or improvement, maintenance or operation of a park;
13. In the event of annexation by a municipality not a member of theauthority of lands, areas, or territory served by the authority, then suchauthority may continue to do business, exercise its jurisdiction overproperties and facilities in and upon or over such lands, areas or territoryas long as any bonds or indebtedness remain outstanding or unpaid, or anycontracts or other obligations remain in force;
14. To make and enter into all contracts and agreements necessary orincidental to the performance of its duties and the execution of its powersunder this chapter, including a trust agreement or trust agreements securingany revenue bonds or revenue refunding bonds issued hereunder;
15. To do all acts and things necessary or convenient to carry out the powersgranted by this chapter;
16. To borrow, at such rates of interest as the law authorizes, from thefederal government or any agency thereof, individuals, partnerships, orprivate or municipal corporations, for the purpose of acquiring parklands andimprovements thereon; to issue its notes, bonds or other obligations; tosecure such obligations by mortgage or pledge of the property andimprovements being acquired and the income derived therefrom; and to use anyrevenues and other income of the authority for payment of interest andretirement of principal of such obligations provided that prior approval ofthe governing body of the locality shall be obtained by an authority that wascreated by a single locality. Any locality which has formed or joined anauthority may lend money to the authority. The power to borrow set forth inthis subdivision shall be in addition to the power to issue revenue bonds andrevenue refunding bonds set forth in subdivision 8 of this section and §15.2-5712. Notes, bonds or other obligations issued under this subdivisionshall not be deemed to constitute a debt of the Commonwealth or of anypolitical subdivision of the Commonwealth or a pledge of the faith and creditof the Commonwealth or of any political subdivision of the Commonwealth; and
17. To adopt such rules and regulations from time to time, not in conflictwith the laws of this Commonwealth, concerning the use of properties underits control as will tend to the protection of such property and the publicthereon. No such rule or regulation shall be adopted until after descriptivenotice of an intention to propose such rule or regulation for passage hasbeen published in accordance with the procedures required for the adoption ofgeneral county ordinances and emergency county ordinances as set forth in §15.2-1427, mutatis mutandis. The full text of any proposed rule or regulationshall be available for public inspection and copying during regular officehours of the authority at a place designated in the published notice.
(Code 1950, § 15-714.5; 1950, p. 1246; 1952, c. 401; 1956, c. 472; 1962, c.623, § 15.1-1232; 1968, c. 613; 1976, c. 483; 1977, c. 381; 1981, c. 182;1996, c. 279; 1997, c. 587.)