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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82150</law_id><section_number>15.2-4905</section_number><catch_line>Powers of authority</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="IV">Other Governmental Entities</unit><unit label="chapter" level="3" order_by="1" identifier="49">Industrial Development and Revenue Bond Act</unit></structure><text>
						<section><p>The <span class="dictionary">authority</span> shall have the following powers together with all powers incidental thereto or necessary for the performance of those hereinafter stated:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> To sue and be sued and to <span class="dictionary">prosecute</span> and defend, at <span class="dictionary">law</span> or in <span class="dictionary">equity</span>, in any <span class="dictionary">court</span> having <span class="dictionary">jurisdiction</span> of the subject matter and of the parties; <a id="paragraph-294447" class="section-permalink" href="https://vacode.org/15.2-4905/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> To adopt and use a corporate seal and to alter the same at pleasure; <a id="paragraph-294448" class="section-permalink" href="https://vacode.org/15.2-4905/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> To enter into <span class="dictionary">contracts</span>; however, any written <span class="dictionary">contract</span> of the <span class="dictionary">authority</span> shall contain provisions addressing the <span class="dictionary">issue</span> of whether attorney&#x2019;s fees shall be recoverable by the prevailing <span class="dictionary">party</span> in the event the <span class="dictionary">contract</span> is subject to <span class="dictionary">litigation</span>; <a id="paragraph-294449" class="section-permalink" href="https://vacode.org/15.2-4905/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> To acquire, whether by purchase, exchange, gift, lease or otherwise, and to improve, maintain, equip and furnish one or more <span class="dictionary">authority facilities</span> including all real and personal properties which the board of directors of the authority may deem necessary in connection therewith and regardless of whether any such facilities shall then be in existence; <a id="paragraph-294450" class="section-permalink" href="https://vacode.org/15.2-4905/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> To lease to others any or all of its facilities and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, a provision that the lessee thereof shall have options to renew such lease or to purchase any or all of the leased facilities, or that upon payment of all of the indebtedness of the authority it may lease or convey any or all of its facilities to the lessee thereof with or without consideration; <a id="paragraph-294451" class="section-permalink" href="https://vacode.org/15.2-4905/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> To sell, exchange, donate, and convey any or all of its facilities or properties whenever its board of directors shall find any such action to be in furtherance of the purposes for which the authority was organized; <a id="paragraph-294452" class="section-permalink" href="https://vacode.org/15.2-4905/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> To <span class="dictionary">issue</span> its <span class="dictionary">bonds</span> for the purpose of carrying out any of its powers including specifically, but without intending to limit any power conferred by this section or this chapter, the issuance of <span class="dictionary">bonds</span> to provide long-term financing of any pollution control facility, whether any such facility was constructed prior to or after the enactment hereof or the receipt of a commitment from an authority to undertake financing pursuant hereto, unless the major part of the proceeds of such <span class="dictionary">bonds</span> will be used to redeem any prior long-term financing of such facility other than financings pursuant to this chapter or any similar <span class="dictionary">law</span>; <a id="paragraph-294453" class="section-permalink" href="https://vacode.org/15.2-4905/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">8.</span> As security for the payment of the principal of and interest on any <span class="dictionary">bonds</span> so issued and any agreements made in connection therewith, to mortgage and pledge any or all of its facilities or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the <span class="dictionary">revenues</span> therefrom or from any part thereof or from any <span class="dictionary">loans</span> made by the authority; <a id="paragraph-294454" class="section-permalink" href="https://vacode.org/15.2-4905/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> To employ and pay compensation to such employees and agents, including attorneys, and real estate brokers whether engaged by the authority or otherwise, as the board of directors shall deem necessary in carrying on the business of the authority; <a id="paragraph-294455" class="section-permalink" href="https://vacode.org/15.2-4905/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> To exercise all powers expressly given the authority by the <span class="dictionary">governing body</span> of the <span class="dictionary">locality</span> which established the authority and to establish bylaws and make all rules and regulations, not inconsistent with the provisions of this chapter, deemed expedient for the management of the authority&#x2019;s affairs; <a id="paragraph-294456" class="section-permalink" href="https://vacode.org/15.2-4905/#10"><i class="fa fa-link"/></a></p></section>
						<section id="11"><p><span class="prefix-number">11.</span> To appoint an industrial advisory committee or similar committee or committees to advise the authority, consisting of such number of persons as it may deem advisable. Such persons may be compensated such amount per regular, special, or committee meeting as may be approved by the appointing authority, not to exceed $50 per meeting day, and may be reimbursed for necessary traveling and other expenses incurred while on the business of the authority; <a id="paragraph-294457" class="section-permalink" href="https://vacode.org/15.2-4905/#11"><i class="fa fa-link"/></a></p></section>
						<section id="12"><p><span class="prefix-number">12.</span> To borrow money and to accept contributions, grants and other financial assistance from the United States of America and agencies or instrumentalities thereof, the Commonwealth, or any political subdivision, agency, or public instrumentality of the Commonwealth, for or in aid of the construction, acquisition, ownership, maintenance or repair of the <span class="dictionary">authority facilities</span>, for the payment of principal of any <span class="dictionary">bond</span> of the authority, interest thereon, or other cost incident thereto, or in <span class="dictionary">order</span> to make <span class="dictionary">loans</span> in furtherance of the purposes of this chapter of such money, contributions, grants, and other financial assistance, and to this end the authority shall have the power to comply with such conditions and to execute such agreements, <span class="dictionary">trust indentures</span>, and other legal instruments as may be necessary, convenient or desirable and to agree to such terms and conditions as may be imposed; and <a id="paragraph-294458" class="section-permalink" href="https://vacode.org/15.2-4905/#12"><i class="fa fa-link"/></a></p></section>
						<section id="13"><p><span class="prefix-number">13.</span> To make <span class="dictionary">loans</span> or grants to any person, partnership, association, corporation, business, or governmental entity in furtherance of the purposes of this chapter including for the purposes of promoting economic development, provided that such <span class="dictionary">loans</span> or grants shall be made only from <span class="dictionary">revenues</span> of the authority which have not been pledged or assigned for the payment of any of the authority&#x2019;s <span class="dictionary">bonds</span>, and to enter into such <span class="dictionary">contracts</span>, instruments, and agreements as may be expedient to provide for such <span class="dictionary">loans</span> and any security therefor. An authority may also be permitted to forgive <span class="dictionary">loans</span> or other obligations if it is deemed to further economic development. The word &#x201C;<span class="dictionary">revenues</span>&#x201D; as used in this subdivision includes contributions, grants and other financial assistance, as set out in subdivision 12.
			The authority shall not have power to operate any facility as a business other than as lessor and shall not have the power to operate any single or multi-family housing facilities. However, the authority shall have the power to apply for, establish, operate and maintain a foreign-trade zone in accordance with the provisions of Chapter 14 (&#xA7; <a class="law" title="&quot;Public corporation&quot; defined" href="/62.1-159/">62.1-159</a> et seq.) of Title 62.1. Any meeting held by the board of directors at which formal action is taken shall be open to the public.
			If a <span class="dictionary">locality</span> has created an industrial development authority pursuant to this chapter or any other provision of <span class="dictionary">law</span>, no other such authority, not created by such <span class="dictionary">locality</span>, shall finance facilities, except pollution control facilities, within the boundaries of such <span class="dictionary">locality</span>, unless the <span class="dictionary">governing body</span> of such <span class="dictionary">locality</span> in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the authority, and shows such concurrence in a duly adopted resolution. Notwithstanding the foregoing, nothing contained herein shall be deemed to invalidate or otherwise impair any existing financing by an authority or the financing of any facilities for which application has been made to an authority prior to July 1, 1981.
			Notwithstanding the provisions of this section, and notwithstanding the provisions of any other <span class="dictionary">law</span>, general or special, nothing herein shall be deemed to impair the authority of the <span class="dictionary">town</span> <span class="dictionary">council</span> of the <span class="dictionary">Town</span> of Front Royal from creating its own independent industrial development authority, separate and apart for all purposes from any currently existing or future industrial development authority. A <span class="dictionary">Town</span> of Front Royal independent industrial development authority, created solely by the <span class="dictionary">town</span>, shall have all powers granted industrial development authorities generally as set forth in this chapter. Such industrial development authority may also include Warren <span class="dictionary">County</span> in any of its economic development projects for a period of five years ending July 1, 2025. <a id="paragraph-294459" class="section-permalink" href="https://vacode.org/15.2-4905/#13"><i class="fa fa-link"/></a></p></section></text><history>1966, c. 651, &#xA7; 15.1-1378; 1970, c. 598; 1972, c. 783; 1973, c. 528; 1981, c. 3; 1991, c. 6; 1993, c. 896; 1994, c. 317; 1997, cc. 587, 758, 763; 1998, c. 728; 2005, c. 575; 2020, c. 1001.</history><metadata></metadata></law>
