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1998 SESSION


CHAPTER 728
An Act to amend and reenact §§ 15.2-4905, 15.2-4907 and 15.2-4917 of the Code of Virginia, relating to the Industrial Development and Revenue Bond Act.
[H 1405]
Approved April 16, 1998

Be it enacted by the General Assembly of Virginia:

1. That §§ 15.2-4905, 15.2-4907 and 15.2-4917 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-4905. Powers of authority.

The authority shall have the following powers together with all powers incidental thereto or necessary for the performance of those hereinafter stated:

1. To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

2. To adopt and use a corporate seal and to alter the same at pleasure;

3. To enter into contracts;

4. To acquire, whether by purchase, exchange, gift, lease or otherwise, and to improve, maintain, equip and furnish one or more authority facilities including all real and personal properties which the board of directors of the authority may deem necessary in connection therewith and regardless of whether any such facilities shall then be in existence;

5. To lease to others any or all of its facilities and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, a provision that the lessee thereof shall have options to renew such lease or to purchase any or all of the leased facilities, or that upon payment of all of the indebtedness of the authority it may lease or convey any or all of its facilities to the lessee thereof with or without consideration;

6. To sell, exchange, donate, and convey any or all of its facilities or properties whenever its board of directors shall find any such action to be in furtherance of the purposes for which the authority was organized;

7. To issue its bonds for the purpose of carrying out any of its powers including specifically, but without intending to limit any power conferred by this section or this chapter, the issuance of bonds to provide long-term financing of any pollution control facility, whether any such facility was constructed prior to or after the enactment hereof or the receipt of a commitment from an authority to undertake financing pursuant hereto, unless the major part of the proceeds of such bonds will be used to redeem any prior long-term financing of such facility other than financings pursuant to this chapter or any similar law;

8. As security for the payment of the principal of and interest on any bonds so issued and any agreements made in connection therewith, to mortgage and pledge any or all of its facilities or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues therefrom or from any part thereof or from any loans made by the authority;

9. To employ and pay compensation to such employees and agents, including attorneys, and real estate brokers whether engaged by the authority or otherwise, as the board of directors shall deem necessary in carrying on the business of the authority;

10. To exercise all powers expressly given the authority by the governing body of the locality which established the authority and to establish bylaws and make all rules and regulations, not inconsistent with the provisions of this chapter, deemed expedient for the management of the authority's affairs;

11. To appoint an industrial advisory committee or similar committee or committees to advise the authority, consisting of such number of persons as it may deem advisable. Such persons may be compensated such amount per regular, special, or committee meeting as may be approved by the appointing authority, not to exceed fifty dollars per meeting day, and may be reimbursed for necessary traveling and other expenses incurred while on the business of the authority;

12. To borrow money and to accept contributions, grants and other financial assistance from the United States of America and agencies or instrumentalities thereof, the Commonwealth, or any political subdivision, agency, or public instrumentality of the Commonwealth, for or in aid of the construction, acquisition, ownership, maintenance or repair of the authority facilities, for the payment of principal of any bond of the authority, interest thereon, or other cost incident thereto, or in order to make loans in furtherance of the purposes of this chapter of such money, contributions, grants, and other financial assistance, and to this end the authority shall have the power to comply with such conditions and to execute such agreements, trust indentures, and other legal instruments as may be necessary, convenient or desirable and to agree to such terms and conditions as may be imposed; and

13. To make loans or grants to any person, partnership, association, corporation, business, or governmental entity in furtherance of the purposes of this chapter including for the purposes of promoting economic development, provided that such loans or grants shall be made only from revenues of the authority which have not been pledged or assigned for the payment of any of the authority's bonds, and to enter into such contracts, instruments, and agreements as may be expedient to provide for such loans and any security therefor. An authority may also be permitted to forgive loans or other obligations if it is deemed to further economic development. The word "revenues" as used in this subdivision includes contributions, grants and other financial assistance, as set out in subdivision 12.

The authority shall not have power to operate any facility as a business other than as lessor and shall not have the power to operate any single or multi-family housing facilities. However, the authority shall have the power to apply for, establish, operate and maintain a foreign-trade zone in accordance with the provisions of Chapter 14 (§ 62.1-159 et seq.) of Title 62.1. Any meeting held by the board of directors at which formal action is taken shall be open to the public.

If a locality has created an industrial development authority pursuant to this chapter or any other provision of law, no other such authority, not created by such locality, shall finance facilities, except pollution control facilities, within the boundaries of such locality, unless the governing body of such locality in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the authority, and shows such concurrence in a duly adopted resolution. Notwithstanding the foregoing, nothing contained herein shall be deemed to invalidate or otherwise impair any existing financing by an authority or the financing of any facilities for which application has been made to an authority prior to July 1, 1981.

§ 15.2-4907. Fiscal impact statement.

Every request for industrial development (facility) financing when submitted to the governing body of the locality for approval shall be accompanied by a statement in the following form: 

                                                              ...........

                                                                   Date



                         (Name of Applicant)

                         ....................

                             (Facility)

1.  Maximum amount of financing sought                         $ ..........



2.  Estimated taxable value of the facility's real



    property to be constructed in the locality                 $ ..........





3.  Estimated real property tax per year using present



    tax rates                                                  $ ..........





4.  Estimated personal property tax per year using



    present tax rates                                          $ ..........





5.  Estimated merchants' capital tax per year using



    present tax rates                                          $ ..........





6.a.Estimated dollar value per year of goods and 



    services that will be purchased locally from 



    Virginia companies within the locality                     $ ..........





  b.Estimated dollar value per year of goods that will



    be purchased from non-Virginia companies within the



    locality                                                   $ ..........





  c.Estimated dollar value per year of services that



    will be purchased from Virginia companies within the



    locality                                                   $ ..........





  d.Estimated dollar value per year of services that will



    be purchased from non-Virginia companies within the



    locality                                                   $ ..........





7.  Estimated number of regular employees on year



    round basis                                                $ ..........





8.  Average annual salary per employee                         $ ..........







                             Signature



                        ....................



                         Authority Chairman



                        ....................



                          Name of Authority








If one or more of the above questions do not apply to the facility indicate by
writing N/A (not applicable) on the appropriate line.




The provisions of this section shall not apply to bonds, notes or other
obligations issued pursuant to hearings held and governmental approvals
obtained prior to the effective date of this act in compliance with federal law
or regulation.




§ 15.2-4917. Facility sites.




Any locality may acquire, pursuant to § 15.2-1800, but not by
condemnation, a facility site and may likewise transfer any facility site to an
authority. Such transfer may be authorized by a resolution of the governing
body of the locality without submission of the question to the voters and
without regard to the requirements, restrictions, limitations or other
provisions contained in any other general, special or local law. Such facility
sites may be located within or outside or partially within or outside the
locality creating the authority.  If a real estate broker licensed under
§ 54.1-2100 represents a party in a transaction through which a facility
site is acquired, the locality may pay a reasonable brokerage fee to such real
estate broker.