15.2-6601 - Creation; public purpose.
§ 15.2-6601. Creation; public purpose.
If any of the governing bodies of the Counties of Essex, Gloucester, KingWilliam, King and Queen, Mathews, Middlesex, and the Towns of West Point,Tappahannock and Urbanna by resolution declare that there is a need for apublic access authority to be created and an operating agreement is developedfor the purpose of establishing or operating a public access authority forany such participating political subdivisions and that they should unite inthe formation of an authority to be known as the Middle Peninsula ChesapeakeBay Public Access Authority (hereinafter the "Authority"), which shallthereupon exist for such participating counties and town and shall exerciseits powers and functions as prescribed herein. The region for which suchAuthority shall exist shall be coterminous with the boundaries of theparticipating political subdivisions. The Authority shall be charged with thefollowing duties:
1. Identify land, either owned by the Commonwealth or private holdings thatcan be secured for use by the general public as a public access site;
2. Research and determine ownership of all identified sites;
3. Determine appropriate public use levels of identified access sites;
4. Develop appropriate mechanisms for transferring title of Commonwealth orprivate holdings to the Authority;
5. Develop appropriate acquisition and site management plans for publicaccess usage;
6. Determine which holdings should be sold to advance the mission of theAuthority;
7. Receive and expend public funds and private donations in order to restoreor create tidal wetlands within the region for which the Authority exists;provided that any tidal mitigation credits resulting from such restoration orcreation projects shall be held by the Authority for the benefit and use ofparticipating political subdivisions and shall not be sold or conveyed to anyprivate party by the Authority or any participating political subdivision; and
8. Perform other duties required to fulfill the mission of the MiddlePeninsula Chesapeake Bay Public Access Authority.
In any suit, action, or proceeding involving the validity or enforcement ofor relating to any contract of the Middle Peninsula Chesapeake Bay PublicAccess Authority, the Authority shall be deemed to have been created as abody corporate and to have been established and authorized to transactbusiness and exercise its powers hereunder upon proof of the adoption of aresolution as aforesaid by the participating political subdivisions declaringthat there is a need for such Authority. A copy of such resolution dulycertified by the clerks of the counties and towns by which it is adoptedshall be admissible as evidence in any suit, action, or proceeding. Anypolitical subdivision of the Commonwealth is authorized to join suchAuthority pursuant to the terms and conditions of this act.
The ownership and operation by the Authority of any public access sites andrelated facilities and the exercise of powers conferred by this act areproper and essential governmental functions and public purposes and mattersof public necessity for which public moneys may be spent and private propertyacquired. The Authority is a regional entity of government by or on behalf ofwhich debt may be contracted by or on behalf of any county or town pursuantto Section 10 (a) of Article VII of the Constitution of Virginia.
(2002, c. 766; 2009, c. 429.)