{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-238.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-238.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-238.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-238.html"}],"law_id":83409,"edition_id":1,"section_id":83409,"structure_id":15447,"section_number":"62.1-238","catch_line":"Loans to local governments or other entities","history":"1987, c. 324; 1997, cc. 651, 665.","full_text":"Money in the Fund shall be used solely to make loans or loan subsidies to local governments or other entities to finance or refinance the cost of any project or to establish or fund an endowment fund to assist in the cost of any project. The local governments or other entities to which loans or loan subsidies are to be made, the purposes of the loan or loan subsidy, and the amount of each such loan or loan subsidy, the interest rate thereon and the repayment terms and those public health conditions deemed necessary by the Board thereof, which may vary between loan recipients, shall be designated in writing by the Board to the Authority following consultation with the Authority. No loan or loan subsidy from the Fund shall exceed the total cost of the project to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses.\n\t\tExcept as set forth above, the Authority shall determine the terms and conditions of any loan or loan subsidy from the Fund, which may vary between local governments or other entities. Each loan shall be evidenced by appropriate bonds, notes, or agreements of the local government or other entity payable to the Fund. The bonds or notes shall have been duly authorized by the local government or other entity and executed by its authorized legal representatives. The Authority is authorized to require in connection with any loan or loan subsidy from the Fund such documents, instruments, certificates, legal opinions and other information as it may deem necessary or convenient. In addition to any other terms or conditions which the Authority may establish, the Authority may require, as a condition to making any loan or loan subsidy from the Fund, that the local government or other entity receiving the loan or loan subsidy covenant to perform any of the following:\n\nA\n\nEstablish and collect rents, rates, fees and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of operation, maintenance, replacement, renewal and repairs of the project; (ii) any outstanding indebtedness incurred for the purposes of the project, including the principal of and premium, if any, and interest on the loan from the Fund to the local government or other entity; and (iii) any amounts necessary to create and maintain any required reserve, including any rate stabilization fund deemed necessary or appropriate by the Authority to offset the need, in whole or part, for future increases in rents, rates, fees or charges;B\n\nWith respect to a local government, levy and collect ad valorem taxes on all property within the jurisdiction of the local government subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund to the local government;C\n\nCreate and maintain a special fund or funds for the payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund to the local government or other entity and any other amounts becoming due under any agreement entered into in connection with the loan or loan subsidy, or for the operation, maintenance, repair or replacement of the project or any portions thereof or other property of the local government or other entity, and deposit into any fund or funds amounts sufficient to make any payments on the loan or loan subsidy as they become due and payable;D\n\nCreate and maintain other special funds as required by the Authority; andE\n\nPerform other acts, including the conveyance of, or the granting of liens on or security interests in, real and personal property, together with all rights, title and interest therein, to the Fund, or take other actions as may be deemed necessary or desirable by the Authority to secure payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund and to provide for the remedies of the Fund in the event of any default in the payment of the loan or loan subsidy, including, without limitation, any of the following:1\n\nThe procurement of insurance, guarantees, letters of credit and other forms of collateral, security, liquidity arrangements or credit supports for the loan or loan subsidy from any source, public or private, and the payment therefor of premiums, fees or other charges;2\n\nThe combination of one or more projects, or the combination of one or more projects with one or more other undertakings, facilities, utilities or systems, for the purpose of operations and financing, and the pledging of the revenues from such combined projects, undertakings, facilities, utilities and systems to secure the loan or loan subsidy from the Fund made in connection with such combination or any part or parts thereof;3\n\nThe maintenance, replacement, renewal and repair of the project; and4\n\nThe procurement of casualty and liability insurance.\n\t\t\t\tAll local governments or other entities borrowing money from the Fund are authorized to perform any acts, take any action, adopt any proceedings and make and carry out any contracts that are contemplated by this chapter. Such contracts need not be identical among all local governments or other entities, but may be structured as determined by the Authority according to the needs of the contracting local governments or other entities and the Fund.\n\t\t\t\tSubject to the rights, if any, of the registered owners of any of the bonds of the Authority, the Authority may consent to and approve any modification in the terms of any loan or loan subsidy subject to guidelines adopted by the Board.","order_by":null,"text":{"0":{"id":298841,"text":"Money in the Fund shall be used solely to make loans or loan subsidies to local governments or other entities to finance or refinance the cost of any project or to establish or fund an endowment fund to assist in the cost of any project. The local governments or other entities to which loans or loan subsidies are to be made, the purposes of the loan or loan subsidy, and the amount of each such loan or loan subsidy, the interest rate thereon and the repayment terms and those public health conditions deemed necessary by the Board thereof, which may vary between loan recipients, shall be designated in writing by the Board to the Authority following consultation with the Authority. No loan or loan subsidy from the Fund shall exceed the total cost of the project to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses.\n\t\tExcept as set forth above, the Authority shall determine the terms and conditions of any loan or loan subsidy from the Fund, which may vary between local governments or other entities. Each loan shall be evidenced by appropriate bonds, notes, or agreements of the local government or other entity payable to the Fund. The bonds or notes shall have been duly authorized by the local government or other entity and executed by its authorized legal representatives. The Authority is authorized to require in connection with any loan or loan subsidy from the Fund such documents, instruments, certificates, legal opinions and other information as it may deem necessary or convenient. In addition to any other terms or conditions which the Authority may establish, the Authority may require, as a condition to making any loan or loan subsidy from the Fund, that the local government or other entity receiving the loan or loan subsidy covenant to perform any of the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":298842,"text":"Establish and collect rents, rates, fees and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of operation, maintenance, replacement, renewal and repairs of the project; (ii) any outstanding indebtedness incurred for the purposes of the project, including the principal of and premium, if any, and interest on the loan from the Fund to the local government or other entity; and (iii) any amounts necessary to create and maintain any required reserve, including any rate stabilization fund deemed necessary or appropriate by the Authority to offset the need, in whole or part, for future increases in rents, rates, fees or charges;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"B"},"2":{"id":298843,"text":"With respect to a local government, levy and collect ad valorem taxes on all property within the jurisdiction of the local government subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund to the local government;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"3":{"id":298844,"text":"Create and maintain a special fund or funds for the payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund to the local government or other entity and any other amounts becoming due under any agreement entered into in connection with the loan or loan subsidy, or for the operation, maintenance, repair or replacement of the project or any portions thereof or other property of the local government or other entity, and deposit into any fund or funds amounts sufficient to make any payments on the loan or loan subsidy as they become due and payable;","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":298845,"text":"Create and maintain other special funds as required by the Authority; and","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":298846,"text":"Perform other acts, including the conveyance of, or the granting of liens on or security interests in, real and personal property, together with all rights, title and interest therein, to the Fund, or take other actions as may be deemed necessary or desirable by the Authority to secure payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund and to provide for the remedies of the Fund in the event of any default in the payment of the loan or loan subsidy, including, without limitation, any of the following:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"6":{"id":298847,"text":"The procurement of insurance, guarantees, letters of credit and other forms of collateral, security, liquidity arrangements or credit supports for the loan or loan subsidy from any source, public or private, and the payment therefor of premiums, fees or other charges;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"7":{"id":298848,"text":"The combination of one or more projects, or the combination of one or more projects with one or more other undertakings, facilities, utilities or systems, for the purpose of operations and financing, and the pledging of the revenues from such combined projects, undertakings, facilities, utilities and systems to secure the loan or loan subsidy from the Fund made in connection with such combination or any part or parts thereof;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"8":{"id":298849,"text":"The maintenance, replacement, renewal and repair of the project; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"9":{"id":298850,"text":"The procurement of casualty and liability insurance.\n\t\t\t\tAll local governments or other entities borrowing money from the Fund are authorized to perform any acts, take any action, adopt any proceedings and make and carry out any contracts that are contemplated by this chapter. Such contracts need not be identical among all local governments or other entities, but may be structured as determined by the Authority according to the needs of the contracting local governments or other entities and the Fund.\n\t\t\t\tSubject to the rights, if any, of the registered owners of any of the bonds of the Authority, the Authority may consent to and approve any modification in the terms of any loan or loan subsidy subject to guidelines adopted by the Board.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3"}},"ancestry":[{"id":15447,"edition_id":1,"name":"Virginia Water Supply Revolving Fund","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:55:06","date_modified":"2026-06-26 03:55:06","permalink":{"id":268871,"object_type":"structure","relational_id":15447,"identifier":"23","token":"62.1\/23","url":"\/62.1\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58855,"structure_id":15447,"section_number":"62.1-233","catch_line":"Definitions","url":"\/62.1-233\/","token":"62.1\/23\/62.1-233","metadata":false},{"id":81539,"structure_id":15447,"section_number":"62.1-234","catch_line":"Creation and management of Fund","url":"\/62.1-234\/","token":"62.1\/23\/62.1-234","metadata":false},{"id":82627,"structure_id":15447,"section_number":"62.1-235","catch_line":"Deposit of money; expenditures; investments","url":"\/62.1-235\/","token":"62.1\/23\/62.1-235","metadata":false},{"id":78133,"structure_id":15447,"section_number":"62.1-236","catch_line":"Annual audit","url":"\/62.1-236\/","token":"62.1\/23\/62.1-236","metadata":false},{"id":62440,"structure_id":15447,"section_number":"62.1-237","catch_line":"Collection of money due Fund","url":"\/62.1-237\/","token":"62.1\/23\/62.1-237","metadata":false},{"id":83409,"structure_id":15447,"section_number":"62.1-238","catch_line":"Loans to local governments or other entities","url":"\/62.1-238\/","token":"62.1\/23\/62.1-238","metadata":false},{"id":59444,"structure_id":15447,"section_number":"62.1-239","catch_line":"Grants","url":"\/62.1-239\/","token":"62.1\/23\/62.1-239","metadata":false},{"id":76136,"structure_id":15447,"section_number":"62.1-239.1","catch_line":"Loans, loan subsidies, and grants for regional projects, etc","url":"\/62.1-239.1\/","token":"62.1\/23\/62.1-239.1","metadata":false},{"id":60860,"structure_id":15447,"section_number":"62.1-240","catch_line":"Pledge of loans to secure bonds of Authority","url":"\/62.1-240\/","token":"62.1\/23\/62.1-240","metadata":false},{"id":59366,"structure_id":15447,"section_number":"62.1-240.1","catch_line":"Sale of loans","url":"\/62.1-240.1\/","token":"62.1\/23\/62.1-240.1","metadata":false},{"id":85016,"structure_id":15447,"section_number":"62.1-240.2","catch_line":"Powers of the Authority","url":"\/62.1-240.2\/","token":"62.1\/23\/62.1-240.2","metadata":false},{"id":58841,"structure_id":15447,"section_number":"62.1-241","catch_line":"Liberal construction of chapter","url":"\/62.1-241\/","token":"62.1\/23\/62.1-241","metadata":false}],"previous_section":{"id":62440,"structure_id":15447,"section_number":"62.1-237","catch_line":"Collection of money due Fund","url":"\/62.1-237\/","token":"62.1\/23\/62.1-237","metadata":false},"next_section":{"id":59444,"structure_id":15447,"section_number":"62.1-239","catch_line":"Grants","url":"\/62.1-239\/","token":"62.1\/23\/62.1-239","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-238\/","history_text":"<p>This law was first created in 1987. The record of its establishment is cataloged in chapter 324 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1997, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0651\">651<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0665\">665<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":268893,"object_type":"law","relational_id":83409,"identifier":"62.1-238","token":"62.1\/23\/62.1-238","url":"\/62.1-238\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-238\/","token":"62.1\/23\/62.1-238","dublin_core":{"Title":"Loans to local governments or other entities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-238","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Money in the <span class=\"dictionary\">Fund<\/span> shall be used solely to make loans or loan subsidies to <span class=\"dictionary\">local governments<\/span> or <span class=\"dictionary\">other entities<\/span> to finance or refinance the cost of any <span class=\"dictionary\">project<\/span> or to establish or <span class=\"dictionary\">fund<\/span> an endowment <span class=\"dictionary\">fund<\/span> to assist in the cost of any <span class=\"dictionary\">project<\/span>. The <span class=\"dictionary\">local governments<\/span> or <span class=\"dictionary\">other entities<\/span> to which loans or loan subsidies are to be made, the purposes of the loan or loan subsidy, and the amount of each such loan or loan subsidy, the interest rate thereon and the repayment terms and those public health conditions deemed necessary by the <span class=\"dictionary\">Board<\/span> thereof, which may vary between loan recipients, shall be designated in writing by the <span class=\"dictionary\">Board<\/span> to the <span class=\"dictionary\">Authority<\/span> following consultation with the <span class=\"dictionary\">Authority<\/span>. No loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span> shall exceed the total cost of the <span class=\"dictionary\">project<\/span> to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses.\n\t\tExcept as set forth above, the <span class=\"dictionary\">Authority<\/span> shall determine the terms and conditions of any loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span>, which may vary between <span class=\"dictionary\">local governments<\/span> or <span class=\"dictionary\">other entities<\/span>. Each loan shall be evidenced by appropriate <span class=\"dictionary\">bonds<\/span>, notes, or agreements of the <span class=\"dictionary\">local government<\/span> or other entity payable to the <span class=\"dictionary\">Fund<\/span>. The <span class=\"dictionary\">bonds<\/span> or notes shall have been duly authorized by the <span class=\"dictionary\">local government<\/span> or other entity and executed by its authorized legal representatives. The <span class=\"dictionary\">Authority<\/span> is authorized to require in connection with any loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span> such documents, instruments, certificates, legal <span class=\"dictionary\">opinions<\/span> and other information as it may deem necessary or convenient. In addition to any other terms or conditions which the <span class=\"dictionary\">Authority<\/span> may establish, the <span class=\"dictionary\">Authority<\/span> may require, as a condition to making any loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span>, that the <span class=\"dictionary\">local government<\/span> or other entity receiving the loan or loan subsidy covenant to perform any of the following:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Establish and collect rents, rates, fees and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of operation, maintenance, replacement, renewal and repairs of the <span class=\"dictionary\">project<\/span>; (ii) any outstanding indebtedness incurred for the purposes of the <span class=\"dictionary\">project<\/span>, including the principal of and premium, if any, and interest on the loan from the <span class=\"dictionary\">Fund<\/span> to the <span class=\"dictionary\">local government<\/span> or other entity; and (iii) any amounts necessary to create and maintain any required reserve, including any rate stabilization <span class=\"dictionary\">fund<\/span> deemed necessary or appropriate by the <span class=\"dictionary\">Authority<\/span> to offset the need, in whole or part, for future increases in rents, rates, fees or charges; <a id=\"paragraph-298842\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> With respect to a <span class=\"dictionary\">local government<\/span>, <span class=\"dictionary\">levy<\/span> and collect ad valorem taxes on all property within the <span class=\"dictionary\">jurisdiction<\/span> of the <span class=\"dictionary\">local government<\/span> subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span> to the <span class=\"dictionary\">local government<\/span>; <a id=\"paragraph-298843\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Create and maintain a special <span class=\"dictionary\">fund<\/span> or <span class=\"dictionary\">funds<\/span> for the payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span> to the <span class=\"dictionary\">local government<\/span> or other entity and any other amounts becoming due under any agreement entered into in connection with the loan or loan subsidy, or for the operation, maintenance, repair or replacement of the <span class=\"dictionary\">project<\/span> or any portions thereof or other property of the <span class=\"dictionary\">local government<\/span> or other entity, and deposit into any <span class=\"dictionary\">fund<\/span> or <span class=\"dictionary\">funds<\/span> amounts sufficient to make any payments on the loan or loan subsidy as they become due and payable; <a id=\"paragraph-298844\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Create and maintain other special <span class=\"dictionary\">funds<\/span> as required by the <span class=\"dictionary\">Authority<\/span>; and <a id=\"paragraph-298845\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Perform other acts, including the conveyance of, or the granting of <span class=\"dictionary\">liens<\/span> on or security interests in, real and personal property, together with all rights, title and interest therein, to the <span class=\"dictionary\">Fund<\/span>, or take other actions as may be deemed necessary or desirable by the <span class=\"dictionary\">Authority<\/span> to secure payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span> and to provide for the remedies of the <span class=\"dictionary\">Fund<\/span> in the event of any <span class=\"dictionary\">default<\/span> in the payment of the loan or loan subsidy, including, without limitation, any of the following: <a id=\"paragraph-298846\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The procurement of insurance, guarantees, letters of credit and other forms of <span class=\"dictionary\">collateral<\/span>, security, liquidity arrangements or credit supports for the loan or loan subsidy from any source, public or private, and the payment therefor of premiums, fees or other charges; <a id=\"paragraph-298847\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The combination of one or more <span class=\"dictionary\">projects<\/span>, or the combination of one or more <span class=\"dictionary\">projects<\/span> with one or more other undertakings, facilities, utilities or systems, for the purpose of operations and financing, and the pledging of the revenues from such combined <span class=\"dictionary\">projects<\/span>, undertakings, facilities, utilities and systems to secure the loan or loan subsidy from the <span class=\"dictionary\">Fund<\/span> made in connection with such combination or any part or parts thereof; <a id=\"paragraph-298848\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The maintenance, replacement, renewal and repair of the <span class=\"dictionary\">project<\/span>; and <a id=\"paragraph-298849\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The procurement of casualty and liability insurance.\n\t\t\t\tAll <span class=\"dictionary\">local governments<\/span> or <span class=\"dictionary\">other entities<\/span> borrowing money from the <span class=\"dictionary\">Fund<\/span> are authorized to perform any acts, take any action, adopt any proceedings and make and carry out any <span class=\"dictionary\">contracts<\/span> that are contemplated by this chapter. Such <span class=\"dictionary\">contracts<\/span> need not be identical among all <span class=\"dictionary\">local governments<\/span> or <span class=\"dictionary\">other entities<\/span>, but may be structured as determined by the <span class=\"dictionary\">Authority<\/span> according to the needs of the contracting <span class=\"dictionary\">local governments<\/span> or <span class=\"dictionary\">other entities<\/span> and the <span class=\"dictionary\">Fund<\/span>.\n\t\t\t\tSubject to the rights, if any, of the registered owners of any of the <span class=\"dictionary\">bonds<\/span> of the <span class=\"dictionary\">Authority<\/span>, the <span class=\"dictionary\">Authority<\/span> may consent to and approve any modification in the terms of any loan or loan subsidy subject to guidelines adopted by the <span class=\"dictionary\">Board<\/span>. <a id=\"paragraph-298850\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-238\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLOANS TO LOCAL GOVERNMENTS OR OTHER ENTITIES (\u00a7 62.1-238)\n\nMoney in the Fund shall be used solely to make loans or loan subsidies to local\ngovernments or other entities to finance or refinance the cost of any project or\nto establish or fund an endowment fund to assist in the cost of any project. The\nlocal governments or other entities to which loans or loan subsidies are to be\nmade, the purposes of the loan or loan subsidy, and the amount of each such loan\nor loan subsidy, the interest rate thereon and the repayment terms and those\npublic health conditions deemed necessary by the Board thereof, which may vary\nbetween loan recipients, shall be designated in writing by the Board to the\nAuthority following consultation with the Authority. No loan or loan subsidy\nfrom the Fund shall exceed the total cost of the project to be financed or the\noutstanding principal amount of the indebtedness to be refinanced plus\nreasonable financing expenses.\n\t\tExcept as set forth above, the Authority shall determine the terms and\nconditions of any loan or loan subsidy from the Fund, which may vary between\nlocal governments or other entities. Each loan shall be evidenced by appropriate\nbonds, notes, or agreements of the local government or other entity payable to\nthe Fund. The bonds or notes shall have been duly authorized by the local\ngovernment or other entity and executed by its authorized legal representatives.\nThe Authority is authorized to require in connection with any loan or loan\nsubsidy from the Fund such documents, instruments, certificates, legal opinions\nand other information as it may deem necessary or convenient. In addition to any\nother terms or conditions which the Authority may establish, the Authority may\nrequire, as a condition to making any loan or loan subsidy from the Fund, that\nthe local government or other entity receiving the loan or loan subsidy covenant\nto perform any of the following:\n\nA. Establish and collect rents, rates, fees and charges to produce revenue\nsufficient to pay all or a specified portion of (i) the costs of operation,\nmaintenance, replacement, renewal and repairs of the project; (ii) any\noutstanding indebtedness incurred for the purposes of the project, including the\nprincipal of and premium, if any, and interest on the loan from the Fund to the\nlocal government or other entity; and (iii) any amounts necessary to create and\nmaintain any required reserve, including any rate stabilization fund deemed\nnecessary or appropriate by the Authority to offset the need, in whole or part,\nfor future increases in rents, rates, fees or charges;\n\nB. With respect to a local government, levy and collect ad valorem taxes on all\nproperty within the jurisdiction of the local government subject to local\ntaxation sufficient to pay the principal of and premium, if any, and interest on\nthe loan or loan subsidy from the Fund to the local government;\n\nC. Create and maintain a special fund or funds for the payment of the principal\nof and premium, if any, and interest on the loan or loan subsidy from the Fund\nto the local government or other entity and any other amounts becoming due under\nany agreement entered into in connection with the loan or loan subsidy, or for\nthe operation, maintenance, repair or replacement of the project or any portions\nthereof or other property of the local government or other entity, and deposit\ninto any fund or funds amounts sufficient to make any payments on the loan or\nloan subsidy as they become due and payable;\n\nD. Create and maintain other special funds as required by the Authority; and\n\nE. Perform other acts, including the conveyance of, or the granting of liens on\nor security interests in, real and personal property, together with all rights,\ntitle and interest therein, to the Fund, or take other actions as may be deemed\nnecessary or desirable by the Authority to secure payment of the principal of\nand premium, if any, and interest on the loan or loan subsidy from the Fund and\nto provide for the remedies of the Fund in the event of any default in the\npayment of the loan or loan subsidy, including, without limitation, any of the\nfollowing:\n\n   1. The procurement of insurance, guarantees, letters of credit and other forms\n   of collateral, security, liquidity arrangements or credit supports for the\n   loan or loan subsidy from any source, public or private, and the payment\n   therefor of premiums, fees or other charges;\n\n   2. The combination of one or more projects, or the combination of one or more\n   projects with one or more other undertakings, facilities, utilities or\n   systems, for the purpose of operations and financing, and the pledging of the\n   revenues from such combined projects, undertakings, facilities, utilities and\n   systems to secure the loan or loan subsidy from the Fund made in connection\n   with such combination or any part or parts thereof;\n\n   3. The maintenance, replacement, renewal and repair of the project; and\n\n   4. The procurement of casualty and liability insurance.\n   \t\t\t\tAll local governments or other entities borrowing money from the Fund are\n   authorized to perform any acts, take any action, adopt any proceedings and\n   make and carry out any contracts that are contemplated by this chapter. Such\n   contracts need not be identical among all local governments or other entities,\n   but may be structured as determined by the Authority according to the needs of\n   the contracting local governments or other entities and the Fund.\n   \t\t\t\tSubject to the rights, if any, of the registered owners of any of the\n   bonds of the Authority, the Authority may consent to and approve any\n   modification in the terms of any loan or loan subsidy subject to guidelines\n   adopted by the Board.\n\nHISTORY: 1987, c. 324; 1997, cc. 651, 665.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}