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ACROSS SESSIONS
- Subject Index: Since 1995
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1995 SESSION
LD3699176Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-234.12 and 2.1-234.13 of the Code of Virginia are amended and reenacted as follows:
§ 2.1-234.12. Virginia Public Building Authority created; membership; terms; expenses; vacancies.
The State Treasurer or his designee, the State Comptroller, and five additional members appointed by the Governor, subject to confirmation by the General Assembly, if in session when such appointments are made, and if not in session, at its first session subsequent to such appointment, who shall serve at the pleasure of the Governor, are hereby created a body corporate and politic, constituting a public corporation and governmental instrumentality by the name of the "Virginia Public Building Authority." Unconfirmed appointments shall expire thirty days after the convening of the General Assembly. Such members of the Authority shall be entitled to no compensation for their services as members, but shall be entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members. The term of each member appointed by the Governor shall be five years; provided, however, that of the members first appointed, one shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Any vacancy happening among the appointed members of the Authority shall be filled by appointment by the Governor, subject to confirmation by the General Assembly. The Department of the Treasury shall serve as staff to the Authority.
§ 2.1-234.13. Purposes and general powers and duties of Authority.
The Authority is created for the purpose of constructing, improving, furnishing, maintaining, acquiring, and operating public buildings for the use of the Commonwealth (heretofore or hereafter constructed), state arsenals, armories, and military reserves, state institutions of every kind and character (heretofore and hereafter constructed), additions and improvements to land grant colleges, state colleges, universities and medical colleges, and the purchase of lands for rehabilitation purposes in connection with state institutions and for use of state colleges, and museum facilities for a trust instrumentality of the United States, and the purchase of lands for the development of public buildings which may be authorized by the General Assembly in the future, and the acquisition of items of personal property for the use of the Commonwealth (any and all of the foregoing being herein called "projects"), the purpose and intent of this article being to benefit the people of the Commonwealth by, among other things, increasing their commerce and prosperity. The Authority shall not undertake any project or projects which are not specifically included in a bill or resolution passed by a majority of those elected to each house of the General Assembly, authorizing such project or projects and as to any project relating to a state institution of higher education, not specifically designated by the board of visitors of that institution as a project to be undertaken by the Authority. The Authority is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of the aforesaid purposes, including, but without limiting the generality of the foregoing, the following rights and powers:
1. To have perpetual existence as a corporation.
2. To sue and be sued, implead and be impleaded, complain and defend in all courts.
3. To adopt, use, and alter at will a corporate seal.
4. To acquire, purchase, hold and use any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority; without limitation of the foregoing, to lease as lessee, with the approval of the Governor, any property, real, personal or mixed, or any interest therein for a term not exceeding ninety-nine years at a nominal rental or at such annual rental as may be determined; with the approval of the Governor, to lease as lessor to the Commonwealth of Virginia and any city, county, town or other political subdivision, or any agency, department, or public body of the Commonwealth, or land grant college, any project at any time constructed by the Authority and any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority, whether wholly or partially completed; with the approval of the Governor, to sell, transfer and convey to the Commonwealth of Virginia, any project at any time constructed by the Authority; and, with the approval of the Governor, to sell, transfer and convey any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority.
5. To acquire by purchase, lease, or otherwise, and to construct, improve, furnish, maintain, repair, and operate projects.
6. To make bylaws for the management and regulation of its affairs.
7. To fix, alter, charge, and collect rates, rentals, and other charges for the use of the facilities of, or for the services rendered by, the Authority, or projects thereof, at reasonable rates to be determined by it for the purpose of providing for the payment of the expenses of the Authority, the construction, improvement, repair, furnishing, maintenance, and operation of its facilities and properties, the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations.
8. To borrow money; make and issue negotiable notes, bonds, and other
evidences of indebtedness or obligations (herein called "bonds") of the
Authority and such bonds as the Authority may, from time to time, determine
to issue for the purpose of refunding bonds previously issued by the
Authority; to secure the payment of all bonds, or any part thereof, by pledge
or deed of trust of all or any of its revenues, rentals, and receipts; to
make such agreements with the purchasers or holders of such bonds or with
others in connection with any such bonds, whether issued or to be issued, as
the Authority shall deem advisable; and in general, to provide for the
security for said bonds and the rights of holders thereof, provided that the
total principal amount of such bonds outstanding at any time shall not exceed
$879 $928 million.
The Authority shall submit an annual report to the Governor and General Assembly on or before November 1 of each year containing, at a minimum, the annual financial statements of the Authority for the year ending the preceding June 30. The annual report shall be distributed in accordance with the provisions of § 2.1-467.
9. To make contracts of every name and nature, and to execute all instruments necessary or convenient for the carrying on of its business.
10. Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases or other transactions with, any federal agency.
11. To have the power of eminent domain.
12. To pledge or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of the obligations of the Authority.
13. To do all acts and things necessary or convenient to carry out the powers granted to it by this article or any other acts.
14. To acquire, by assignment from the Commonwealth or the Virginia Retirement System, all contracts, including those which are not completed, which involve constructing, improving, furnishing, maintaining, and operating the structures, facilities, or undertakings similar to those designated herein as projects.
Except as otherwise provided by law, when projects are to be constructed, improved, furnished, maintained, repaired or operated for the use of any department of the Commonwealth, as hereinbefore listed in this section, no plans or specifications therefor shall be presented for quotations or bids until such plans and specifications shall have been submitted to and approved by the Department of General Services and any other department of the Commonwealth having any jurisdiction over the projects, so that the project will conform to standards established by such departments.
2. That the third enactment of Chapter 876 of the Acts of Assembly of 1990, as last amended by the seventh enactment of Chapter 1 of the Acts of Assembly of 1993, Special Session, is amended and reenacted as follows:
3. That pursuant to § 2.1-234.13 of the Code of Virginia, the General Assembly hereby authorizes the Virginia Public Building Authority to undertake projects consisting of the construction and furnishing of three correctional facilities located on state-owned property as follows:
Principal Amount
Facility of Project
Deep Meadow Prototype Correctional Facility #1 $24,000,000
$24,048,000
Deep Meadow Prototype Correctional Facility #2 $24,000,000
$24,664,000
Deep Meadow Prototype Correctional Facility #3 $24,000,000
$22,806,000
Warehouses at Augusta, Buckingham and Nottoway
Correctional Centers (14168) $1,708,000
Of the amount provided for the Deep Meadow Prototype Correctional Facility
#1, no more than $20,526,071 $20,574,071 shall be used
for prison construction and contingencies and no more than $3,473,929 shall
be used to furnish the prison. Of the amount provided for the Deep Meadow
Prototype Correctional Facility #2, no more than $20,020,771
$20,684,771 shall be used for prison construction and
contingencies and no more than $3,979,229 shall be used to furnish the
prison. Of the amount for the Deep Meadow Prototype Correctional Facility
#3, no more than $20,400,571 $19,206,571 shall be used
for prison construction and contingencies and no more than $3,599,429 shall
be used to furnish the prison. Included within the construction costs for
the Deep Meadow Prototype Correctional Facility #3 is the demolition and
reconstruction on state-owned property or acquired appurtenant land of a
Virginia Department of Transportation area headquarters which stands on the
prison construction site.
The Virginia Public Building Authority is also authorized to exercise any and all powers granted to it by law in connection therewith, including the power to lease such projects to the Commonwealth and to finance the cost thereof by the issuance of revenue bonds not to exceed the principal amount set forth plus amounts needed to fund issuance costs, reserve funds and other financing expenses.
3. That the fifth enactment of Chapter 656 of the Acts of Assembly of 1991, as amended by the fourth enactment of Chapter 1 of the Acts of Assembly of 1993, Special Session, is amended and reenacted as follows:
5. That pursuant to § 2.1-234.13 of the Code of Virginia, the General
Assembly hereby authorizes the Virginia Public Building Authority to
undertake a project consisting of the acquisition, construction and
furnishing of up to an 825-bed correctional facility to be located in the
Northern Administrative Region of the Department of Corrections, and to
exercise any and all powers granted to it by law in connection therewith,
including the power to lease such project to the Commonwealth and to finance
the cost thereof by the issuance of revenue bonds in a principal amount not
to exceed $28,149,429 $28,631,429 plus amounts needed
to fund issuance costs, reserve funds and other financing expenses.
Of the amount provided for the 825-bed correctional facility, no more
than $24,800,000 $24,966,000 shall be used for
acquisition, prison construction and contingencies and no more than
$3,349,429 $3,665,429 shall be used to furnish the facility.
4. That the first enactment of Chapter 2 of the Acts of Assembly of 1991, Special Session II, as last amended by the seventh enactment of Chapter 823 of the Acts of Assembly of 1994, is amended and reenacted as follows:
1. § 1. That pursuant to § 2.1-234.13 of the Code of Virginia, the General
Assembly authorizes the Virginia Public Building Authority to undertake the
following projects including, without limitation, constructing, improving,
furnishing, maintaining, acquiring and renovating buildings, facilities,
improvements and land therefor, to exercise any and all powers granted to it
by law in connection therewith, including the power to lease such projects to
the Commonwealth, and to finance all or any portion of the cost thereof by
the issuance of revenue bonds in a principal amount not to exceed
$17,788,000 $18,288,000 plus amounts needed to fund issuance
costs, reserve funds, interest prior to and during acquisition, construction
or renovation and for one year after completion thereof, and other financing
expenses. The Authority may pay all or any part of the cost of any project
hereinafter listed or otherwise authorized or any portion thereof with any
income and reserve funds of the Authority available for such purpose, and in
such case may transfer such funds of the Authority, with or without a
property interest in such projects, as determined by the Authority, with the
approval of the Governor.
Project
Facility Cost
Central State Hospital Life Safety Code
Renovations for Building No. 39 $3,434,000
Central Virginia Training Center Coal Pile
Runoff Improvements $175,000
Department of General Services Renovation of
Elevators in Supreme Court Building $779,000
Department of General Services Renovation of
Elevators in State Capitol Building $375,000
Department of General Services Restoration of
Virginia War Memorial $450,000
Eastern State Hospital Life Safety Corrections,
Buildings 2, 25, and 28 $1,513,000
Eastern State Hospital Renovation of Climate
Control System, Building No. 4 $823,000
Eastern State Hospital Sources of Discharge
Improvements $209,000
Eastern State Hospital Renovation of
Bathrooms, Buildings 32 and 34 $1,160,000
Southside Virginia Training Center
Repairs and Renovations of Cottages $2,501,000
Western State Hospital Climate Control,
Buildings 107, 115, 118, 121 $2,337,000
Woodrow Wilson Rehabilitation Center
Carter Hall, Heating, Ventilation and Air
Conditioning $967,000
Augusta Correctional Center Air
Pollution Control Requirements $434,000
Staunton Correctional Center Replacement of
Stairwell in Building #37 $253,000
$353,000
St. Brides Correctional Center Roof Repairs
and Replacements $875,000
Virginia Correctional Center for Women
Repair of Heating System $482,000
Southampton Correctional Center Boiler
Replacement $530,000
8th and 9th Street State Office Buildings
and Supreme Court Building $246,000
Life Safety Code Repairs
Department of General Services
Repair Safety Hazards in Monroe Building $400,000
Virginia Institute for Marine Science Fire Safety
Renovations $245,000
Total $17,788,000
$18,288,000
5. That the first enactment of Chapter 4 of the Acts of Assembly of 1991, Special Session II, as last amended by the eighth enactment of Chapter 823 of the Acts of Assembly of 1994, is amended and reenacted as follows:
1. § 1. That pursuant to § 2.1-234.13 of the Code of Virginia, the General
Assembly authorizes the Virginia Public Building Authority to undertake the
following projects including, without limitation, constructing, improving,
furnishing, maintaining, acquiring and renovating buildings, facilities,
improvements and land therefor, to exercise any and all powers granted to it
by law in connection therewith, including the power to lease such projects to
the Commonwealth, and to finance all or any portion of the cost thereof by
the issuance of revenue bonds in a principal amount not to exceed
$17,788,000 $18,288,000 plus amounts needed to fund
issuance costs, reserve funds, interest prior to and during acquisition,
construction or renovation and for one year after completion thereof, and
other financing expenses. The Authority may pay all or any part of the cost
of any project hereinafter listed or otherwise authorized or any portion
thereof with any income and reserve funds of the Authority available for such
purpose, and in such case may transfer such funds of the Authority, with or
without a property interest in such projects, as determined by the Authority,
with the approval of the Governor.
Project
Facility Cost
Central State Hospital Life Safety Code
Renovations for Building No. 39 $3,434,000
Central Virginia Training Center Coal Pile
Runoff Improvements $175,000
Department of General Services Renovation of
Elevators in Supreme Court Building $779,000
Department of General Services Renovation of
Elevators in State Capitol Building $375,000
Department of General Services Restoration of
Virginia War Memorial $450,000
Eastern State Hospital Life Safety Corrections,
Buildings 2, 25, and 28 $1,513,000
Eastern State Hospital Renovation of Climate
Control System, Building No. 4 $823,000
Eastern State Hospital Sources of Discharge
Improvements $209,000
Eastern State Hospital Renovation of
Bathrooms, Buildings 32 and 34 $1,160,000
Southside Virginia Training Center
Repairs and Renovations of Cottages $2,501,000
Western State Hospital Climate Control,
Buildings 107, 115, 118, 121 $2,337,000
Woodrow Wilson Rehabilitation Center
Carter Hall, Heating, Ventilation and Air
Conditioning $967,000
Augusta Correctional Center Air
Pollution Control Requirements $434,000
Staunton Correctional Center Replacement of
Stairwell in Building #37 $253,000
$353,000
St. Brides Correctional Center Roof Repairs
and Replacements $875,000
Virginia Correctional Center for Women
Repair of Heating System $482,000
Southampton Correctional Center Boiler
Replacement $530,000
8th and 9th Street State Office Buildings
and Supreme Court Building $246,000
Life Safety Code Repairs Department of General Services Repair Safety Hazards in Monroe Building $400,000 Virginia Institute for Marine Science Fire Safety Renovations $245,000 Total$17,788,000$18,288,000
6. That the fourth enactment of Chapter 878 of the Acts of Assembly of 1992, as amended by the second enactment of Chapter 823 of the Acts of Assembly of 1994, is amended and reenacted as follows:
4. That pursuant to § 2.1-234.13 of the Code of Virginia, the General Assembly hereby authorizes the Virginia Public Building Authority to undertake projects consisting of the construction, improvement and furnishing of four correctional facilities and the acquisition of appurtenant land as follows:
Principal Amount
Facility of Project
Virginia Correctional Center for Women
Kitchen/Dining Facility construction and
the improvement of a bakery and existing
kitchen space in several buildings $2,888,000
Keen Mountain Prototype Correctional Facility $52,000,000
Deep Meadow Prototype Correctional Facility #5 $29,849,500
Bland Isolation/Segregation Building $2,812,100
Of the amounts provided for the Deep Meadow Prototype Correctional #5, not
more than $3,349,500 $4,029,500 shall be used to
furnish the project. Of the amounts provided for the Bland
Isolation/Segregation Building, not more than $124,500 shall be used to
furnish the project. The Virginia Public Building Authority is also
authorized to exercise any and all powers granted to it by law in connection
therewith, including the power to lease such projects to the Commonwealth and
to finance the cost thereof by the issuance of revenue bonds not to exceed
the principal amount set forth plus amounts needed to fund issuance costs,
reserve funds, and other financing expenses. The Authority is further
authorized and directed to locate the Keen Mountain Prototype and
the Deep Meadow Prototype Correctional Facilities
Facility on a site in Lunenburg County and a site in Wise County
(the Wise County location being one generally referred to as “Red Onion
Mountain”), provided that clear and unencumbered title to either or both
sites, as the case may be, is conveyed to the Authority at no cost to the
Authority or the Commonwealth by September 1, 1992, and that neither the
Authority nor the Commonwealth shall be required or expected to contribute in
any way to the cost of any utility or sitework improvement which is required
to complete these projects where such work is outside the metes and bounds of
the property which is owned by the Authority. If clear and unencumbered
titles to either or both of these sites are not conveyed by such date, the
Authority shall be authorized to redirect the location of the correctional
facilities authorized pursuant to this section to sites located within the
Eastern Administrative Region of the Department of Corrections and to acquire
the appurtenant land and to exercise any and all powers granted to it by law
in connection therewith. The Authority is further authorized and
directed to locate the Keen Mountain Prototype Facility (Sussex II) on an
existing state-owned site in Sussex County, and to exercise any and all
powers granted to it by law in connection therewith. The Governor is
authorized to supplement funds available for the Keen Mountain Prototype
Facility (Sussex II) in an amount up to $21,041,420 from revenue collections
deposited in the state treasury to the credit of the general fund which
exceed official estimates for the fiscal year ending June 30, 1995. Any
amount designated by the Governor to supplement funding available for the
Facility is herewith appropriated for such purpose. The Department of
Corrections, acting as agent for the Authority, shall design, construct and
equip the Facility within the limits of funds provided for herein,
notwithstanding any supplemental appropriation therefor. To the extent that
funds have been expended for a Facility to be located on a site in Wise
County, such expenditures shall be considered to be in furtherance of the
Keen Mountain Prototype Facility (Sussex II), and may be paid from the
proceeds of bonds issued for the project.
7. That the ninth and tenth enactments of Chapter 1 of the Acts of Assembly of 1993, Special Session, are amended and reenacted as follows:
9. That pursuant to § 2.1-234.13 of the Code of Virginia, the General
Assembly hereby authorizes the Virginia Public Building Authority to
undertake a project consisting of the construction of a Keen Mountain
Prototype maximum-security prison, to be located in Sussex County,
and to exercise any and all powers granted to it by law in connection
therewith, including the power to lease such project to the Commonwealth and
to finance the cost thereof by the issuance of revenue bonds in a principal
amount not to exceed $55,120,000 $71,330,552 plus
amounts needed to fund issuance costs, reserve funds, and other financing
expenses.
10. That pursuant to § 2.1-234.13 of the Code of Virginia, the General
Assembly hereby authorizes the Virginia Public Building Authority to
undertake a project consisting of the demolition of existing structures and
the construction of a new women's multi-custody prison, and to exercise
any and all powers granted to it by law in connection therewith, including
the power to lease such project to the Commonwealth and to finance the cost
thereof by the issuance of revenue bonds in a principal amount not to exceed
$34,899,312 $49,525,312 plus amounts needed to fund
issuance costs, reserve funds, and other financing expenses.
8. That pursuant to § 2.1-234.13 of the Code of Virginia, the General Assembly hereby authorizes the Virginia Public Building Authority to undertake projects consisting of the construction, improvement and furnishing of correctional facilities and the acquisition of appurtenant land as follows:
Principal Amount
Facility of Project
Seven Corrections Work Centers $28,835,000
Of the amounts provided for the seven work centers, not more than $3,910,000 shall be used to furnish the project. The Virginia Public Building Authority is also authorized to exercise any and all powers granted to it by law in connection therewith, including the power to lease such projects to the Commonwealth and to finance the cost thereof by the issuance of revenue bonds not to exceed the principal amount set forth plus amounts needed to fund issuance costs, reserve funds, and other financing expenses.
9. That the seventh enactment of this act shall be effective only if approved by a majority of those voting in a referendum to be conducted at the general election in November 1995 as follows:
It shall be the duty of the officers conducting the election directed by law to be held on the Tuesday after the first Monday in November 1995, at the places appointed for holding the same, to open a poll and take the sense of the qualified voters upon their approval of this act as provided herein. Notice of the election shall be published at least twice, the first publication being at least forty-five days before the election, in such newspapers designated by the State Board of Elections which collectively shall circulate throughout the Commonwealth. The voting machines and ballots to be used at the election shall pose the question in substantially the following form:
QUESTION: Shall the total principal amount of bonds issued by the Virginia Public Building Authority be increased by $30.8 million for construction of state prisons, as provided by the seventh enactment of Chapter ___, Acts of Assembly of 1995?
The ballots shall be prepared, distributed and voted, and the results thereof ascertained and certified, in the manner prescribed by Title 24.2 of the Code of Virginia. The State Board of Elections shall cause to be sent to the electoral boards of each county and city sufficient copies of the full text of this act and the question contained herein for the officers of election to post in each polling place on election day. The electoral board of such county and city shall make out, certify and forward an abstract of the votes cast for and against this act in the manner now prescribed by law in relation to votes cast in general elections.
The State Board of Elections shall open and canvas such abstracts and examine and report the whole number of votes cast at the election for and against this act in the manner now prescribed by law in relation to votes cast in general elections. The State Board of Elections shall record a certified copy of such report in its office and, without delay, make out and transmit to the Governor an official copy of such report, certified by it.
The Governor shall, without delay, make proclamation of the result, stating therein the aggregate vote for and against such proposition.
The expenses incurred in conducting this election shall be defrayed as in the case of the election of members of the General Assembly.