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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83409</law_id><section_number>62.1-238</section_number><catch_line>Loans to local governments or other entities</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="62.1">Waters of the State, Ports and Harbors</unit><unit label="chapter" level="2" order_by="1" identifier="23">Virginia Water Supply Revolving Fund</unit></structure><text>
						<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.
		Except 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>
						<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"/></a></p></section>
						<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"/></a></p></section>
						<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"/></a></p></section>
						<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"/></a></p></section>
						<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"/></a></p></section>
						<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"/></a></p></section>
						<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"/></a></p></section>
						<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"/></a></p></section>
						<section id="E4" class="indent-1"><p><span class="prefix-number">4.</span> The procurement of casualty and liability insurance.
				All <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>.
				Subject 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"/></a></p></section></text><history>1987, c. 324; 1997, cc. 651, 665.</history><metadata></metadata></law>
