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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70877</law_id><section_number>15.2-7412</section_number><catch_line>Authority to issue bonds</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-7406</reference></referred_to_by><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="74">Eastern Shore Water Access Authority</unit></structure><text>
						<section><p>The Authority shall have the power to <span class="dictionary">issue</span> <span class="dictionary">bonds</span> from time to time in its discretion, for any of its purposes, including the payment of all or any part of the cost of Authority facilities and including the payment or retirement of <span class="dictionary">bonds</span> previously issued by it. The Authority may <span class="dictionary">issue</span> such types of <span class="dictionary">bonds</span> as it may determine, including (without limiting the generality of the foregoing) <span class="dictionary">bonds</span> payable, both as to principal and interest, (i) from its revenues and receipts generally and (ii) exclusively from the revenues and receipts of certain designated facilities or loans whether or not they are financed in whole or in part from the proceeds of such <span class="dictionary">bonds</span>. Any such <span class="dictionary">bonds</span> may be additionally secured by a pledge of any grant or contribution from a participating political subdivision; the Commonwealth or any political subdivision, agency, or instrumentality thereof; any federal agency; or any unit, private corporation, co-partnership, association, or individual, as such participating political subdivision, or other entities, may be authorized to make under general <span class="dictionary">law</span> or by pledge of any income or revenues of the Authority or by mortgage or encumbrance of any property or facilities of the Authority. Unless otherwise provided in the proceeding authorizing the issuance of the <span class="dictionary">bonds</span>, or in the trust indenture securing the same, all <span class="dictionary">bonds</span> shall be payable solely and exclusively from the revenues and receipts of a particular facility or loan. <span class="dictionary">Bonds</span> may be executed and delivered by the Authority at any time and from time to time may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding 40 years from the date thereof, may be payable at such place or places whether within or without the Commonwealth, may bear interest at such rate or rates, may be payable at such time or times and at such places, may be evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided and specified by the board of directors in authorizing each particular <span class="dictionary">bond</span> <span class="dictionary">issue</span>.
		If deemed advisable by the board of directors, there may be retained in the proceedings under which any <span class="dictionary">bonds</span> of the Authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the <span class="dictionary">bonds</span>, but nothing herein contained shall be construed to confer on the Authority any right or option to redeem any <span class="dictionary">bonds</span> except as may be provided in the proceedings under which they shall be issued. Any <span class="dictionary">bonds</span> of the Authority may be sold at public or private sale in such manner and from time to time as may be determined by the board of directors of the Authority to be most advantageous, and the Authority may pay all costs, premiums, and commissions that its board of directors may deem necessary or advantageous in connection with the issuance thereof. Issuance by the Authority of one or more series of <span class="dictionary">bonds</span> for one or more purposes shall not preclude it from issuing other <span class="dictionary">bonds</span> in connection with the same facility or any other facility, but the proceedings whereunder any subsequent <span class="dictionary">bonds</span> may be issued shall recognize and protect any prior pledge or mortgage made for any prior <span class="dictionary">issue</span> of <span class="dictionary">bonds</span>. Any <span class="dictionary">bonds</span> of the Authority at any time outstanding may from time to time be refunded by the Authority by the issuance of its refunding <span class="dictionary">bonds</span> in such amount as the board of directors may deem necessary, but not exceeding an amount sufficient to refund the principal of the <span class="dictionary">bonds</span> so to be refunded, together with any unpaid interest thereon and any costs, premiums, or commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the <span class="dictionary">bonds</span> to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding <span class="dictionary">bonds</span> and the application of the proceeds thereof to the payment of the <span class="dictionary">bonds</span> to be refunded thereby, or by the exchange of the refunding <span class="dictionary">bonds</span> for the <span class="dictionary">bonds</span> to be refunded thereby, with the consent of the holders of the <span class="dictionary">bonds</span> so to be refunded, and regardless of whether or not the <span class="dictionary">bonds</span> to be refunded were issued in connection with the same facilities or separate facilities, and regardless of whether or not the <span class="dictionary">bonds</span> proposed to be refunded shall be payable on the same date or on different dates or shall be due serially or otherwise.
		All <span class="dictionary">bonds</span> shall be signed by the chairman or vice-chairman of the Authority or shall bear his facsimile signature, and the corporate seal of the Authority or a facsimile thereof shall be impressed or imprinted thereon and attested by the signature of the secretary (or the secretary-treasurer) or the assistant secretary (or assistant secretary-treasurer) of the Authority or shall bear his facsimile signature, and any coupons attached thereto shall bear the facsimile signature of said chairman. In case any officer whose signature or a facsimile of whose signature shall appear on any <span class="dictionary">bonds</span> or coupons shall cease to be an officer before delivery of such <span class="dictionary">bonds</span>, such signature, or such facsimile, shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. When the signatures of both the chairman or the vice-chairman and the secretary (or the secretary-treasurer) or the assistant secretary (or the assistant secretary-treasurer) are facsimiles, the <span class="dictionary">bonds</span> must be authenticated by a corporate trustee or other authenticating agent approved by the Authority.
		If the proceeds derived from a particular <span class="dictionary">bond</span> <span class="dictionary">issue</span>, due to error of estimates or otherwise, shall be less than the cost of the Authority facilities for which such <span class="dictionary">bonds</span> were issued, additional <span class="dictionary">bonds</span> may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the proceedings authorizing the issuance of the <span class="dictionary">bonds</span> of such <span class="dictionary">issue</span> or in the trust indenture securing the same, shall be deemed to be of the same <span class="dictionary">issue</span> and shall be entitled to payment from the same fund without preference or priority of the <span class="dictionary">bonds</span> of the first <span class="dictionary">issue</span>. If the proceeds of the <span class="dictionary">bonds</span> of any <span class="dictionary">issue</span> shall exceed such cost, the surplus may be deposited to the credit of the sinking fund for such <span class="dictionary">bonds</span> or may be applied to the payment of the cost of any additions, improvements, or enlargements of the Authority facilities for which such <span class="dictionary">bonds</span> shall have been issued.
		Prior to the preparation of definitive <span class="dictionary">bonds</span>, the Authority may, under like restrictions, <span class="dictionary">issue</span> interim receipts or temporary <span class="dictionary">bonds</span> with or without coupons, exchangeable for definitive <span class="dictionary">bonds</span> when such <span class="dictionary">bonds</span> shall have been executed and are available for delivery. The Authority may also provide for the replacement of any <span class="dictionary">bonds</span> that become mutilated or are destroyed or lost. <span class="dictionary">Bonds</span> may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau, or agency of the Commonwealth, and without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, or things that are specifically required by this act, provided, however, that nothing contained in this act shall be construed as affecting the powers and duties now conferred by <span class="dictionary">law</span> upon the State Corporation Commission.
		All <span class="dictionary">bonds</span> issued under the provisions of this act shall have and are hereby declared to have all the qualities and incidents of and shall be and are hereby made negotiable instruments under the Uniform Commercial Code of Virginia (&#xA7;&#xA0;<a class="law" title="Short titles" href="/8.1A-101/">8.1A-101</a> et seq.), subject only to provisions respecting registration of the <span class="dictionary">bonds</span>.
		In addition to all other powers granted to the Authority by this act, the Authority is authorized to provide for the issuance from time to time of notes or other obligations of the Authority for any of its authorized purposes. All of the provisions of this act that relate to <span class="dictionary">bonds</span> or revenue <span class="dictionary">bonds</span> shall apply to such notes or other obligations insofar as such provisions may be appropriate.</p></section></text><history>2014, c. 471.</history><metadata></metadata></law>
