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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD5968681Be it enacted by the General Assembly of Virginia:
1. That § 15.1-1240 of the Code of Virginia is amended and reenacted as follows:
§ 15.1-1240. Definitions.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another meaning or intent:
(a) The word "authority" shall mean “Authority”
means an authority created under the provisions of § 15.1-1241 or,
if any such authority shall be abolished, the board, body, or commission
succeeding to the principal functions thereof or to whom the powers given by
this chapter to such authority shall be given by law.
(q) The words "bonds" or "revenue bonds," “Bonds” or
“revenue bonds”, wherever used, include notes, bonds, bond
anticipation notes, or other obligations.
(n) The word "cost" “Cost”, as applied to a
water system, a sewer system, a sewage disposal system, or a garbage and
refuse collection and disposal system, shall include includes
the purchase price of any such system or the cost of acquiring all of
the capital stock of the corporation owning such system and the amount to be
paid to discharge all of its obligations in order to vest title to the system
or any part thereof in the authority, the cost of improvements, the cost of
all lands, properties, rights, easements, franchises and permits acquired,
the cost of all machinery and equipment, financing charges, interest prior to
and during construction and for one year after completion of construction,
any deposit to any bond interest and sinking fund reserve account, cost of
engineering and legal services, plans, specifications, surveys, estimates of
costs and of revenues, other expenses necessary or incident to the
determining of the feasibility or practicability of any such acquisition,
improvement, or construction, administrative expenses, and such other
expenses as may be necessary or incident to the financing herein authorized,
to the acquisition, improvement, construction of a water system, a sewer
system, a sewage disposal system, or a garbage and refuse collection and
disposal system, and the placing of the same in operation by the authority.
Any obligation or expense incurred by the authority in connection with any of
the foregoing items of cost and any obligation or expense incurred by the
authority prior to the issuance of revenue bonds under the provisions of this
chapter for engineering studies and for estimates of cost and of revenues and
for other technical or professional services which may be utilized in the
acquisition, improvement or construction of such system, may be regarded as a
part of the cost of such system.
(m) The term "cost of improvements" shall mean “Cost of
improvements” means the cost of constructing improvements as
hereinabove defined and shall embrace the cost of all labor and material, the
cost of all lands, property, rights, easements, franchises, and permits
acquired which are deemed necessary for such construction, interest during
any period of disuse during such construction, the cost of all machinery and
equipment, financing charges, cost of engineering and legal expenses, plans,
specifications, and such other expenses as may be necessary or incident to
such construction.
(b) The word "county" shall mean “County” means
any county in the Commonwealth of Virginia.
(o) The term "federal agency" shall mean “Federal
agency” means and includeincludes the United
States of America, any department or bureau thereof, the Federal Works
Agency, the Reconstruction Finance Corporation, and any other agency or
instrumentality of the United States of America heretofore established or
which may be established or created hereafter.
(r) The term "garbage and refuse," “Garbage and
refuse” means all solid waste, which shall mean not only any
material customarily referred to as garbage and refuse, but also sludge and
other discarded material, including solid, liquid, semi-solid or contained
gaseous material, resulting from industrial, commercial, mining, and
agricultural operations and from community activities and residences, but
does not include (i) solid and dissolved materials in domestic sewage, (ii)
solid or dissolved material in irrigation return flows or in industrial
discharges which are sources subject to a permit from the State Water Control
Board or (iii) source, special nuclear, or by-product material as defined by
the Federal Atomic Energy Act of 1954, as amended.
(k) The term "garbage and refuse collection and disposal
system"“Garbage and refuse disposal system” means a
system, plant or facility designed to collect, manage, dispose of, and/or
recover and use energy from garbage and refuse and the land, structures,
vehicles and equipment for use in connection therewith.
(f) The term "governing body"shall mean “Governing
body” means in the case of a county the board of supervisors and in
the case of a municipality the board, commission, council or other body by
whatever name it may be known, in which the general legislative powers of the
municipality are vested.
(l) The word "improvements" shall mean “Improvements”
means such repairs, replacements, additions, extensions and betterments
of and to a water system, a sewer system, a sewage disposal system, or a
garbage and refuse collection and disposal system, as are deemed necessary by
the authority to place or to maintain such system in proper condition for the
safe, efficient and economic operation thereof or to meet requirements for
service in areas which may be served by the authority and in which no
existing service is being rendered.
(c) The word "municipality" shall mean “Municipality”
means any city or town incorporated under the laws of the Commonwealth
of Virginia.
(p) The word "owner" shall include “Owner” includes
all individuals, incorporated companies, copartnerships, societies or
associations, and any federal agency or unit of the Commonwealth having any
title or interest in any water system, or sewer system, or sewage disposal
system, or a garbage and refuse collection and disposal system, or the
services or facilities to be rendered thereby.
(e) The term "political subdivision" shall mean
“Political subdivision” means a
county, or municipality or authority and any
institution or commission of the Commonwealth of Virginia.
(i) The term "sewage" ”Sweage” means the
water-carried wastes created in and carried, or to be carried, away from
residences, hotels, schools, hospitals, industrial establishments, commercial
establishments or any other private or public buildings, together with such
surface or ground water and household and industrial wastes as may be
present.
(j) The term "sewage disposal system" “Sewage disposal
system” means any system, plant, disposal field, lagoon, pumping
station, constructed drainage ditch or surface water intercepting ditch,
incinerator, area devoted to sanitary landfills, or other works not
specifically mentioned herein, installed for the purpose of treating,
neutralizing, stabilizing or disposing of sewage, industrial waste or other
wastes.
(h) The term "sewer system" or "sewage system" “Sewer
system” or sewage system” means pipelines or conduits, pumping
stations, and force mains, and all other constructions, devices, and
appliances appurtenant thereto, used for conducting sewage, industrial wastes
or other wastes to a plant of ultimate disposal.
(d) The word "unit" shall mean “Unit” means any
department, institution or commission of the Commonwealth of Virginia and any
public corporate instrumentality thereof, and any district, and shall include
counties and municipalities.
(g) The term "water system" shall mean “Water system”
means all plants, systems, facilities or properties used or useful or
having the present capacity for future use in connection with the supply or
distribution of water, or facilities incident thereto, and any integral part
thereof, including water supply systems, water distribution systems, dams and
facilities for the generation or transmission of hydroelectric power,
reservoirs, wells, intakes, mains, laterals, pumping stations, standpipes,
filtration plants, purification plants, hydrants, meters, valves and
equipment, appurtenances, and all properties, rights, easements and
franchises relating thereto and deemed necessary or convenient by the
authority for the operation thereof but not including dams or facilities for
the generation or transmission of hydroelectric power that are not incident
to plants, systems, facilities or properties used or useful or having the
present capacity for future use in connection with the supply or distribution
of water.