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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>69307</law_id><section_number>15.2-1816</section_number><catch_line>Power to enter into financing agreements</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="18.1">Local Government Facilities Private Capital Lending</unit></structure><text>
						<section><p>In addition to other powers granted by <span class="dictionary">law</span>, every <span class="dictionary">local government</span> may, by <span class="dictionary">ordinance</span>, enter into a financing agreement as described in this section and may as part of that financing agreement (i) convey title to any property that is part of a <span class="dictionary">project</span> as defined in this chapter to a conduit or other entity in exchange for consideration provided for under the financing agreement; (ii) assign, pledge to, and create a <span class="dictionary">lien</span> in favor of a conduit or other entity, and permit the conduit or other entity to reassign, pledge to, and create a <span class="dictionary">lien</span> in favor of a <span class="dictionary">private capital funding source</span>, any revenues derived from the <span class="dictionary">project</span> being financed as provided for under the financing agreement; (iii) enter into a lease-leaseback arrangement for a term not to exceed 99 years, under which the <span class="dictionary">private capital funding source</span> will lease from the conduit or other entity, and the conduit or other entity shall lease back from the <span class="dictionary">private capital funding source</span>, the conveyed <span class="dictionary">project</span>. In addition, the conduit or other entity has the power to contribute to the <span class="dictionary">local government</span> any funds received by it in excess of the payments it is required to make to the <span class="dictionary">private capital funding source</span> under the lease-leaseback arrangement and has the power to convey the <span class="dictionary">conveyed property</span> back to the <span class="dictionary">local government</span> when the property is no longer encumbered by any <span class="dictionary">lien</span> or lease in favor of the funding source. The <span class="dictionary">local government</span> and the conduit or other entity may enter into agreements or <span class="dictionary">contracts</span> under which the <span class="dictionary">local government</span> may maintain or administer the <span class="dictionary">conveyed property</span> under the <span class="dictionary">project</span> or may collect rents or fees on behalf of the conduit or other entity. The parties may modify or extend the financing agreement subject to approval by the <span class="dictionary">local government</span>. The <span class="dictionary">local government</span> may enter into a financing agreement under this section either through a competitive selection process or by direct negotiations with a <span class="dictionary">private capital funding source</span>, as determined by the <span class="dictionary">local government</span> or as otherwise provided by <span class="dictionary">law</span>.</p></section></text><history>2011, cc. 562, 660.</history><metadata></metadata></law>
