                                 CODE OF VIRGINIA

ADDITIONAL DECLARATION OF POLICY; POWERS OF THE AUTHORITY; PENALTY (§ 2.2-2340)

A. It is the policy of the Commonwealth that the historic, cultural, and natural
resources of Fort Monroe be protected in any conveyance or alienation of real
property interests by the Authority. Real property in the Area of Operation at
Fort Monroe may be maintained as Commonwealth-owned land that is leased, whether
by short-term operating/revenue lease or long-term ground lease, to appropriate
public, private, or joint venture entities, with such historic, cultural, and
natural resources being protected in any such lease, to be approved as to form
by the Attorney General of the Commonwealth of Virginia. If sold as provided in
this article, real property interests in the Area of Operation at Fort Monroe
may only be sold under covenants, historic conservation easements, historic
preservation easements, or other appropriate legal restrictions approved as to
form by the Attorney General that protect these historic and natural resources.
Properties in the Wherry Quarter and Inner Fort areas identified in the Fort
Monroe Reuse Plan may only be sold with the consent of both the Governor and the
General Assembly, except that any transfer to the National Park Service shall
require only the approval of the Governor. The proceeds from the sale or
pre-paid lease of any real or personal property within the Area of Operation
shall be retained by the Authority and used for infrastructure improvements in
the Area of Operation.

B. The Authority shall have the power and duty:

   1. To sue and be sued; to adopt and use a common seal and to alter the same as
   may be deemed expedient; to have perpetual succession; to make and execute
   contracts and other instruments necessary or convenient to the exercise of the
   powers of the Authority; and to make and from time to time amend and repeal
   bylaws, rules, and regulations, not inconsistent with law, to carry into
   effect the powers and purposes of the Authority;

   2. To foster and stimulate the economic and other development of Fort Monroe,
   including without limitation development for business, employment, housing,
   commercial, recreational, educational, and other public purposes; to prepare
   and carry out plans and projects to accomplish such objectives; to provide for
   the construction, reconstruction, rehabilitation, reuse, improvement,
   alteration, maintenance, removal, equipping, or repair of any buildings,
   structures, or land of any kind; to lease or rent to others or to develop,
   operate, or manage with others in a joint venture or other partnering
   arrangement, on such terms as it deems proper and which are consistent with
   the provisions of the Programmatic Agreement, Design Standards, and Reuse Plan
   governing any lands, dwellings, houses, accommodations, structures, buildings,
   facilities, or appurtenances embraced within Fort Monroe; to establish,
   collect, and revise the rents charged and terms and conditions of occupancy
   thereof; to terminate any such lease or rental obligation upon the failure of
   the lessee or renter to comply with any of the obligations thereof; to arrange
   or contract for the furnishing by any person or agency, public or private, of
   works, services, privileges, or facilities in connection with any activity in
   which the Authority may engage, provided, however, that if services are
   provided by the City of Hampton pursuant to &#xA7; 2.2-2341 for which the City
   is compensated pursuant to subsection B of &#xA7; 2.2-2342, then the Authority
   may provide for additional, more complete, or more timely services than are
   generally available in the City of Hampton as a whole if deemed necessary or
   appropriate by the Authority; to acquire, own, hold, and improve real or
   personal property; to purchase, lease, obtain options upon, acquire by gift,
   grant, bequest, devise, easement, dedication, or otherwise any real or
   personal property or any interest therein, which purchase, lease, or
   acquisition may only be made for less than fair market value if the Board of
   Trustees determines, upon the advice of the Attorney General, that the
   transaction is consistent with the fiduciary obligation of the Authority to
   the Commonwealth and if necessary or appropriate to further the purposes of
   the Authority; as provided in this article, to sell, lease, exchange,
   transfer, assign, or pledge any real or personal property or any interest
   therein, which sale, lease, or other transfer or assignment may be made for
   less than fair market value; as provided in this article, to dedicate, make a
   gift of, or lease for a nominal amount any real or personal property or any
   interest therein to the Commonwealth, the City of Hampton, or other localities
   or agencies, public or private, within the Area of Operation or adjacent
   thereto, jointly or severally, for public use or benefit, such as, but not
   limited to, game preserves, playgrounds, park and recreational areas and
   facilities, hospitals, clinics, schools, and airports; to acquire, lease,
   maintain, alter, operate, improve, expand, sell, or otherwise dispose of
   onsite utility and infrastructure systems or sell any excess service capacity
   for offsite use; to acquire, lease, construct, maintain, and operate and
   dispose of tracks, spurs, crossings, terminals, warehouses, and terminal
   facilities of every kind and description necessary or useful in the
   transportation and storage of goods, wares, and merchandise; and to insure or
   provide for the insurance of any real or personal property or operation of the
   Authority against any risks or hazards;

   3. To invest any funds held in reserves or sinking funds, or any funds not
   required for immediate disbursements, in property or security in which
   fiduciaries may legally invest funds subject to their control; to purchase its
   bonds at a price not more than the principal amount thereof and accrued
   interest, all bonds so purchased to be cancelled;

   4. To undertake and carry out examinations, investigations, studies, and
   analyses of the business, industrial, agricultural, utility, transportation,
   and other economic development needs, requirements, and potentialities of its
   Area of Operation or offsite needs, requirements, and potentialities that
   directly affect the success of the Authority at Fort Monroe, and the manner in
   which such needs and requirements and potentialities are being met, or should
   be met, in order to accomplish the purposes for which it is created; to make
   use of the facts determined in such research and analyses in its own
   operation; and to make the results of such studies and analyses available to
   public bodies and to private individuals, groups, and businesses, except as
   such information may be exempted pursuant to the Virginia Freedom of
   Information Act (&#xA7; 2.2-3700 et seq.);

   5. To administer, develop, and maintain at Fort Monroe permanent commemorative
   cultural and historical museums and memorials;

   6. To adopt names, flags, seals, and other emblems for use in connection with
   such shrines and to copyright the same in the name of the Commonwealth;

   7. To enter into any contracts not otherwise specifically authorized in this
   article to further the purposes of the Authority, after approval as to form by
   the Attorney General;

   8. To establish nonprofit corporations as instrumentalities to assist in
   administering the affairs of the Authority;

   9. To exercise the power of eminent domain in the manner provided by Chapter 3
   (&#xA7; 25.1-300 et seq.) of Title 25.1 within the Authority&#8217;s Area of
   Operation; however, eminent domain may only be used to obtain easements across
   property on Fort Monroe for the provision of water, sewer, electrical, ingress
   and egress, and other necessary or useful services to further the purposes of
   the Authority, unless the Governor has expressly granted authority to obtain
   interests for other purposes;

   10. To fix, charge, and collect rents, fees, and charges (i) for the use of,
   or the benefit derived from, the services or facilities provided, owned,
   operated, or financed by the Authority benefiting property within the
   Authority&#8217;s Area of Operation and (ii) for the consumption within the
   Area of Operation of goods and services being provided in exchange for value
   by any person or business located and operating, permanently or temporarily,
   within the Area of Operation. Such rents, fees, and charges may be charged to
   and collected by such persons and in such manner as the Authority may
   determine from (a) any person contracting for the services or using the
   Authority facilities or (b) the owners, tenants, or customers of the real
   estate and improvements that are served by, or benefit from the use of, any
   such services or facilities, in such manner as shall be authorized by the
   Authority in connection with the provision of such services or facilities.
   Such rents, fees, and charges shall not be chargeable to the Commonwealth or,
   where such rents, fees or charges relate to services or facilities utilized by
   the City of Hampton to provide municipal services, to the City of Hampton
   except as may be provided by lease or other agreement and may be used to fund
   the provision of the additional, more complete, or more timely services
   authorized under subdivision 6 of &#xA7; 2.2-2339, the payments provided under
   &#xA7; 2.2-2342, or for other purposes as the Authority may determine to be
   appropriate, subject to the provisions of subsection B of &#xA7; 2.2-2342;

   11. To receive and expend gifts, grants, and donations from whatever source
   derived for the purposes of the Authority;

   12. To employ a chief executive officer and such deputies and assistants as
   may be required;

   13. To elect any past chairman of the Board of Trustees to the honorary
   position of chairman emeritus. Chairmen emeriti shall serve as honorary
   members for life. Chairmen emeriti shall be elected in addition to the
   nonlegislative citizen member positions defined in &#xA7; 2.2-2338;

   14. To determine what paintings, statuary, works of art, manuscripts, and
   artifacts may be acquired by purchase, gift, or loan and to exchange or sell
   the same if not inconsistent with the terms of such purchase, gift, loan, or
   other acquisition;

   15. To change the form of investment of any funds, securities, or other
   property, real or personal, provided the same are not inconsistent with the
   terms of the instrument under which the same were acquired, and to sell,
   grant, or convey any such property, subject to the provisions of subsection A
   of &#xA7; 2.2-2340;

   16. To cooperate with the federal government, the Commonwealth, the City of
   Hampton, or other nearby localities in the discharge of its enumerated powers;

   17. To exercise all or any part or combination of powers granted in this
   article;

   18. To do any and all other acts and things that may be reasonably necessary
   and convenient to carry out its purposes and powers;

   19. To adopt, amend or repeal, by the Board of Trustees, or the executive
   committee thereof, regulations concerning the use of, access to and visitation
   of properties under the control of the Authority in order to protect or secure
   such properties and the public enjoyment thereof, with any violation of such
   regulations being punishable by a civil penalty of up to $100 for the first
   violation and up to $250 for any subsequent violation, such civil penalty to
   be paid to the Authority;

   20. To provide parking and traffic rules and regulations on property owned by
   the Authority; and

   21. To provide that any person who knowingly violates a regulation of the
   Authority may be requested by an agent or employee of the Authority to leave
   the property and upon the failure of such person so to do shall be guilty of a
   trespass as provided in &#xA7; 18.2-119.

HISTORY: 2011, c. 716; 2012, cc. 436, 482; 2014, cc. 676, 681; 2023, cc. 209,
210; 2024, cc. 34, 114.