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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82457</law_id><section_number>15.2-5133</section_number><catch_line>Trust agreement; bond resolution</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="51">Virginia Water and Waste Authorities Act</unit><unit label="article" level="4" order_by="1" identifier="4">Financing</unit></structure><text>
						<section><p>In the discretion of the <span class="dictionary">authority</span>, any revenue <span class="dictionary">bonds</span> issued under the provisions of this chapter may be secured by a trust agreement by and between the <span class="dictionary">authority</span> and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the Commonwealth. The resolution authorizing the issuance of the <span class="dictionary">bonds</span> or the trust agreement may pledge or assign the revenues to be received. The resolution or trust agreement shall not convey or mortgage any <span class="dictionary">stormwater control system</span> or <span class="dictionary">water or waste system</span> or any part thereof, or any improvement financed pursuant to &#xA7;&#xA0;<a class="law" title="Additional powers of community development authorities" href="/15.2-5158/">15.2-5158</a> which is, or will be, dedicated to a public entity other than the <span class="dictionary">authority</span> financing such improvement. However, a <span class="dictionary">bond</span> issued by a community development <span class="dictionary">authority</span> pursuant to subdivision A 2 of &#xA7;&#xA0;<a class="law" title="Additional powers of community development authorities" href="/15.2-5158/">15.2-5158</a> may pledge or assign a mortgage in other real property or <span class="dictionary">improvements</span> not otherwise proscribed hereunder and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of <span class="dictionary">law</span>. Such provisions may include covenants setting forth the duties of the <span class="dictionary">authority</span> in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of the system or <span class="dictionary">systems</span> for which such <span class="dictionary">bonds</span> are issued and provisions for the <span class="dictionary">custody</span>, safeguarding and application of all moneys and for the employment of consulting engineers in connection with such construction, reconstruction, or operation. The resolution or trust agreement may set forth the rights and remedies of the bondholders, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing <span class="dictionary">bonds</span> or debentures of corporations. The resolution or trust agreement may also contain such other provisions as the <span class="dictionary">authority</span> deems reasonable and proper for the security of the bondholders. Except as otherwise provided in this chapter, the <span class="dictionary">authority</span> may provide for the payment of the proceeds of the sale of the <span class="dictionary">bonds</span> and its revenues to such officer, board or depositary as it may designate for the <span class="dictionary">custody</span> thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of the resolution or trust agreement may be treated as part of the cost of operation.</p></section></text><history>Code 1950, &#xA7; 15-764.21; 1950, p. 1323; 1962, c. 623, &#xA7; 15.1-1259; 1993, c. 850; 1997, cc. 527, 573, 587; 2009, c. 473.</history><metadata></metadata></law>
