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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>71426</law_id><section_number>62.1-241.6</section_number><catch_line>Loans to local governments</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="23.1">Virginia Solid Waste or Recycling Revolving Fund</unit></structure><text>
						<section><p>Except as otherwise provided in this chapter, money in the <span class="dictionary">Fund</span> shall be used solely to make loans to <span class="dictionary">local governments</span> to finance or refinance the cost of any <span class="dictionary">project</span>. The <span class="dictionary">local governments</span> to which loans are to be made; the purposes of the loan; and the amount of each such loan; the interest rate thereon and the repayment terms thereof, which may vary between <span class="dictionary">local governments</span>, 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 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 from the <span class="dictionary">Fund</span>, which may vary between <span class="dictionary">local governments</span>. Each loan shall be evidenced by appropriate <span class="dictionary">bonds</span> or notes of the <span class="dictionary">local government</span> 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> and executed by its authorized legal representatives. The <span class="dictionary">Authority</span> is authorized to require in connection with any loan 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 from the <span class="dictionary">Fund</span>, that the <span class="dictionary">local government</span> receiving the loan covenant perform any of the following:</p></section>
						<section id="1"><p><span class="prefix-number">1.</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 and premium, if any, and interest on the loan from the <span class="dictionary">Fund</span> to the <span class="dictionary">local government</span>; 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 in part, for future increases in rents, rates, fees, or charges; <a id="paragraph-257488" class="section-permalink" href="https://vacode.org/62.1-241.6/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</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 and premium, if any, and interest on the loan from the <span class="dictionary">Fund</span> to the <span class="dictionary">local government</span>; <a id="paragraph-257489" class="section-permalink" href="https://vacode.org/62.1-241.6/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> Create and maintain a special <span class="dictionary">fund</span> or <span class="dictionary">funds</span> for the payment of the principal and premium, if any, and interest on the loan from the <span class="dictionary">Fund</span> to the <span class="dictionary">local government</span> and any other amounts becoming due under any agreement entered into in connection with the loan, 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>, and deposit into any <span class="dictionary">fund</span> or <span class="dictionary">funds</span> amounts sufficient to make any payments on the loan as they become due and payable; <a id="paragraph-257490" class="section-permalink" href="https://vacode.org/62.1-241.6/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> Create and maintain other special <span class="dictionary">funds</span> as required by the <span class="dictionary">Authority</span>; and <a id="paragraph-257491" class="section-permalink" href="https://vacode.org/62.1-241.6/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</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 and premium, if any, and interest on the loan from the <span class="dictionary">Fund</span> to the <span class="dictionary">local government</span> and to provide for the remedies of the <span class="dictionary">Fund</span> in the event of any <span class="dictionary">default</span> by the <span class="dictionary">local government</span> in the payment of the loan, including, without limitation, any of the following:
			a. 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 from any source, public or private, and the payment therefor of premiums, fees, or other charges;
			b. 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 from the <span class="dictionary">Fund</span> to the <span class="dictionary">local government</span> made in connection with such combination or any part or parts thereof;
			c. The maintenance, replacement, renewal, and repair of the <span class="dictionary">project</span>; and
			d. The procurement of casualty and liability insurance.
			All <span class="dictionary">local governments</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>, 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> 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 to any <span class="dictionary">local government</span> subject to guidelines adopted by the <span class="dictionary">Board</span>. <a id="paragraph-257492" class="section-permalink" href="https://vacode.org/62.1-241.6/#5"><i class="fa fa-link"/></a></p></section></text><history>1992, c. 378.</history><metadata></metadata></law>
