Chapter 5, AUTHORITIES

[HISTORY: Adopted by the Board of Supervisors of Shenandoah County as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES
Water and sewage disposal -- See Ch. 161.

ARTICLE I, North Fork Regional Sanitation Authority [Adopted 5-28-2002 by Ord. No. 02-17 [EN]1

§ 5-1. Name; address.

The name of the Authority shall be "North Fork Regional Sanitation Authority," and the address of its principal office shall be Shenandoah County Government Center, 600 North Main Street, Woodstock, Virginia.

§ 5-1.1. Members.

A. The name of the incorporating political subdivision is Shenandoah County, Virginia, and the names and addresses and the terms of office of the first members of the Authority are respectively as follows. Each member of the Authority shall reside within the area of the political subdivision from which he or she was appointed and each shall continue in office for four years and until his or her successor shall be duly appointed and qualified:

B. The successor of each member shall be appointed for a term of four years and until his successor shall have been duly appointed and qualified, except that any person appointed to fill a vacancy shall serve only the unexpired term of office. Any member of the Authority shall be eligible for reappointment. The term of office of the members shall begin on the date of the Certificate of Incorporation issued by the State Corporation Commission. All members of the Authority shall be appointed by the Shenandoah County Board of Supervisors in the following manner: three members shall be selected by the Board of Supervisors; the Town Council of the Town of Mount Jackson, Virginia shall recommend to the Board of Supervisors two members to be appointed by the Board of Supervisors to the Authority. Either or both of these members may be members of the current Town Council. In the event the Town Council fails to recommend individuals to be appointed by the Board of Supervisors, the Board of Supervisors shall appoint two members of the current Town Council to serve as members of the Authority.

§ 5-1.2. Purpose; coverage area.

The purposes for which said Authority is created are: the acquisition, construction, operation and maintenance of water production, impoundment, treatment and transmission systems; sewer systems; and sewerage disposal systems for the collection and treatment of sewerage. These services may be provided within the area designated by the map filed as an exhibit dated February 2002 and prepared by Gilbert W. Clifford & Associates. A copy of this map may be inspected at the office of the Administrator of the Board of Supervisors of Shenandoah County, Virginia at the Shenandoah County Government Center at 600 North Main Street, Woodstock, Virginia, and for the purpose of exercising the powers conferred by the Virginia Water and Waste Authorities Act in relation to the foregoing.

§ 5-1.3. Capital costs; rate.

In compliance with § 15.2-5103 of the Code of Virginia of 1950, as amended, a preliminary estimate of capital costs, so far as practicable, is hereby stated to be $3,000,000; also in conformity with such statute the initial rate for service of the proposed projects is not known and inclusion of service rate estimates is impracticable at the present time.

ARTICLE II, Industrial Development Authority [Adopted 11-13-1973]

§ 5-2. Name of authority.

The name of the authority shall be the Industrial Development Authority of Shenandoah County, Virginia.

§ 5-3. Definitions.

Whenever used, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective interpretations:

AUTHORITY -- The Industrial Development Authority of Shenandoah County, Virginia, created, organized and operated pursuant to the provisions of this Article; or, if said authority shall be abolished, the board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers given by this Article shall be given by law.

AUTHORITY FACILITIES or FACILITIES -- Any or all medical, hospital or health care, including but not limited to office and treatment facilities, pollution control and industrial facilities, located within or without or partly within or without Shenandoah County, now existing or hereafter acquired, constructed or installed by or for said authority for lease or sale by the authority pursuant to the terms of this Article. Any "facility" may consist of or include any or all buildings, improvements, additions, extensions, replacements, machinery or equipment, and may also include appurtenances, lands, rights in land, water rights, franchises, furnishings, landscaping, utilities, approaches, roadways and other facilities necessary or desirable in connection therewith or incidental thereto, acquired, constructed or installed by or on behalf of said authority. A pollution control facility shall include any facility acquired, constructed or installed or any expenditure made, including the reconstruction, modernization or modification of any existing building, improvement, addition, extension, replacement, machinery or equipment, and which is designed to further the control or abatement of land, sewer, water, air, noise or general environmental pollution derived from the operation of any industrial or medical facility. Any "facility" may be constructed on or installed in or upon lands, structures, rights-of-way, easements, air rights, franchises or other property rights or interests whether owned by said authority or others.

BONDS or REVENUE BONDS -- Notes, bonds and other obligations authorized to be issued by the authority pursuant to the provisions of this Article.

COMMONWEALTH -- The State of Virginia.

COST -- Includes, as applied to authority facilities, the cost of construction, the cost of acquisition of all lands, structures, rights-of-way, franchises, easements and other property rights and interests, the cost of demolishing, removing or relocating any buildings or structures on lands acquired, including the cost of acquiring any lands to which such buildings or structures may be moved or relocated, the cost of all labor, material, machinery and equipment, financing charges, interest on all bonds prior to and during and, if deemed advisable by said authority, for a period not exceeding one year after completion of such construction, cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, other expenses necessary or incident to determine the feasibility or practicability of constructing said authority facilities, administrative expenses, provisions for working capital, reserves for interest and for extensions, enlargements, additions and improvements and such other expenses as may be necessary or incident to the construction of the authority facilities, the financing of such construction and the placing of the authority facilities in operation. Any obligation or expense incurred by the commonwealth, municipality or any agencies thereof, with the approval of authority, for studies, surveys, borings, preparation of plans and specifications or other work or materials in connection with the construction of the authority facilities may be regarded as a part of the cost of the authority facilities and may be reimbursed to the commonwealth, municipality or any agencies thereof out of the proceeds of the bonds issued for such authority facilities as hereinafter authorized.

ENTERPRISE -- Any industry for the manufacturing, processing, assembling, storing, warehousing, distributing or selling any products of agriculture, mining or industry and for research and development of scientific laboratories, including but not limited to the practice of medicine and all other activities related thereto, or for such other businesses as will be in the furtherance of the public purposes of this Article.

GOVERNING BODY -- The Board of Supervisors of Shenandoah County, Virginia.

MUNICIPALITY -- The County of Shenandoah, Virginia.

REVENUES -- Any or all fees rates, rentals and receipts collected by, payable to or otherwise derived by the authority from, and all other moneys and income of whatsoever kind or character collected by, payable to or otherwise derived by said authority in connection with the ownership, leasing or sale of authority facilities.

TRUST INDENTURE -- Any trust agreement or mortgage under which bonds authorized pursuant to this Article may be secured.

§ 5-4. Purpose.

A. It is the intent of the Board of Supervisors of Shenandoah County by the adoption of this Article to create an industrial development authority which may acquire, own, lease and dispose of properties to the end that said authority may be able to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in Shenandoah County and further the use of its agricultural products and natural resources, and to vest said authority with all powers that may be necessary to enable it to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of Shenandoah County for the increase of their commerce and for the promotion of their safety, health, welfare, convenience and prosperity.

B. It is the further intent of the Board of Supervisors of Shenandoah County to grant to said Industrial Development Authority the hereinafter described powers with respect to pollution control facilities to the end that said authority may protect and promote the health of the inhabitants of Shenandoah County and the conservation, protection and improvement of its natural resources by exercising such powers for the control or abatement of land, sewer, water, air, noise and general environmental pollution derived from the operation of any industrial or medical facility and to vest said authority with all powers that may be necessary to enable it to accomplish such purpose, which powers shall in all respects be exercised for the benefit of the inhabitants of Shenandoah County for the increase of their commerce and for the promotion of their safety, health, welfare, convenience and prosperity.

C. This Article shall be liberally construed in conformity with these intentions.

§ 5-5. Directors; qualifications; terms; vacancies; expenses; quorum; records.

A. The Industrial Development Authority of Shenandoah County, Virginia shall be governed by a Board of Directors in which all powers of said authority shall be vested and which Board shall be composed of seven directors appointed by the Board of Supervisors of Shenandoah County.

B. The seven directors shall be appointed initially for terms of one, two, three and four years; two being appointed for one-year terms, two being appointed for two-year terms, two being appointed for three-year terms, and one being appointed for a four-year term. Subsequent appointments shall be for terms of four years, except appointments to fill vacancies which shall be for the unexpired terms.

C. Each director shall, before entering upon his duties, take and subscribe the oath prescribed by § 49-1 of the Code of Virginia, as amended. No director shall be an officer or employee of Shenandoah County, Virginia.

D. The directors shall elect from their membership a Chairman, a Vice Chairman and, from their membership or not, as they desire, a secretary and a treasurer, or a secretary-treasurer.

E. The directors shall receive no salary but shall be reimbursed for necessary traveling and other expenses incurred in the performance of their duties.

F. Four members of the Board of Directors shall constitute a quorum of the Board for the purposes of conducting its business and exercising its powers and for all other purposes, except that no facilities owned by the authority shall be leased or disposed of in any manner without a majority vote of the members of the Board of Directors. No vacancy in the membership of the Board shall impair the right of a quorum to exercise all the powers and perform all the duties of the Board.

G. The Board shall keep detailed minutes of its proceedings, which shall be open to public inspection at all times. It shall keep suitable records of all its financial transactions and shall arrange to have the same audited annually. Copies of each such audit shall be furnished to the Board of Supervisors of Shenandoah County and shall be open to public inspection.

§ 5-6. Powers.

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

A. 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.

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

C. To contract and be contracted with.

D. 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 or not any such facilities shall then be existence.

E. 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.

F. 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.

G. 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 Article, the issuance of bonds to provide long-term financing of any pollution control facility, whether any such facility was construed 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 Article or any similar law.

H. 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.

I. To employ and pay compensation to such employees and agents, including attorneys, as the Board of Directors shall deem necessary in carrying on the business of the authority.

J. To exercise all powers expressly given the authority by the Board of Supervisors of Shenandoah County and to establish bylaws and make all rules and regulations, not inconsistent with the provisions of this Article, deemed expedient for the management of the authority's affairs.

K. To appoint an industrial advisory committee to advise the authority, consisting of such number of persons as it may deem advisable; however, such persons shall not receive any compensation for their services, but may be reimbursed for necessary traveling and other expenses incurred while on the business of the authority.

L. 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 or for the payment of principal of any bond of the authority, interest thereon or other cost incident thereto, 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. The authority shall not have power to operate any facility as a business other than as lessor; provided, however, that 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 of the Code of Virginia, as amended. Any meeting held by the Board of Directors at which formal action is taken shall be open to the public.

§ 5-7. Issuance of bonds, notes and other obligations.

A. General conditions.

(1) The authority shall have the power to issue bonds from time to time in its discretion, for any of its purposes, including the payment of all or any part of the cost of authority facilities and including the payment or retirement of bonds previously issued by it.

(2) All bonds issued by the authority shall be payable solely from the revenues and receipts derived from the leasing or sale by the authority of its facilities or any part thereof and the authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds payable, both as to principal and interest, from its revenues and receipts generally, exclusively from the revenues and receipts of a particular facility or exclusively from the revenues and receipts of certain designated facilities whether or not they are financed in whole or in part from the proceeds of such bonds. Unless otherwise provided in the proceedings authorizing the issuance of the bonds, or in the trust indenture securing the same, all bonds shall be payable solely and exclusively from the revenues and receipts of a particular facility.

(3) Bonds may be executed and delivered by the authority at any time and from time to time may be in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest, or both, may be payable in such form and denominations and of such terms and maturities, may be in registered or bearer form either as to principal or interest, or both, may be payable in such installments and at such time or times not exceeding 40 years from the date thereof, may be payable at such place or places whether within or without the commonwealth, may bear interest at such rate or rates, may be payable at such time or times and at such place or places, may be evidenced in such manner and may contain such provisions not inconsistent herewith, all as shall be provided and specified by the Board of Directors in authorizing each particular bond issue.

(4) If deemed advisable by the Board of Directors, there may be retained in the proceedings under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the bonds, but nothing herein contained shall be construed to confer on the authority any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued.

(5) Any bonds of the authority may be sold at public or private sale in such manner and from time to time as may be determined by the Board of Directors of the authority to be most advantageous, and the authority may pay all costs, premiums and commissions which its Board of Directors may deem necessary or advantageous in connection with the issuance thereof.

(6) Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same facility, or any other facility, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.

(7) Any bonds of the authority at any time outstanding may from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the Board of Directors may deem necessary, but not exceeding an amount sufficient to refund principal of the bonds so to be refunded, together with any unpaid interest thereon and any costs, premiums or commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof to the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby, with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same facilities or separate facilities, and regardless of whether or not the bonds proposed to be refunded shall be payable on the same date or on different dates or shall be due serially or otherwise.

B. All bonds shall be signed by the Chairman or Vice Chairman of the authority or shall bear his facsimile signature, and the corporate seal of the authority or a facsimile thereof shall be impressed or imprinted thereon and attested by the signature of the secretary (or the secretary-treasurer) or the assistant secretary (or the assistant secretary-treasurer) of the authority or shall bear his facsimile signature, and any coupons thereto shall bear the facsimile signature of said Chairman. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be an officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. When the signatures of both the Chairman or Vice Chairman and the secretary (or the secretary-treasurer) or the assistant secretary (or the assistant secretary-treasurer) are facsimiles, the bonds must be authenticated by a corporate trustee or other authenticating agent approved by the authority. [EN]2

C. If the proceeds derived from a particular bond issue, due to error of estimates or otherwise, shall be less than the cost of the authority facilities for which such bonds were issued, additional bonds may in like manner be issued to provide the amount of such deficit and, unless otherwise provided in the proceedings authorizing the issuance of the bonds of such issue or in the trust indentures securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds of the first issue. If the proceeds of the bonds of any issue shall exceed such cost, the surplus may be deposited to the credit of the sinking fund for such bonds or may be applied to the payment of the cost of any additions, improvements or enlargements of the authority facilities for which such bonds shall have been issued.

D. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued under the provisions of this Article without obtaining the consent of any department, division, commission, board, bureau or agency of the commonwealth, and without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by this Article; provided, however, that nothing contained in this Article shall be construed as affecting the powers and duties now conferred by law upon the State Corporation Commission.

E. All bonds issued under the provisions of this Article shall have and are hereby declared to have all the qualities and incidents of and shall be and are hereby made negotiable instruments under the Uniform Commercial Code of Virginia, [EN]3 subject only to provisions respecting registration of the bonds.

F. In addition to all other powers granted to the authority by this Article, the authority is authorized to provide for the issuance, from time to time, of notes or other obligations of the authority for any of its authorized purposes. All of the provisions of this Article which relate to bonds or revenue bonds shall apply to such notes or other obligations insofar as such provisions may be appropriate.

§ 5-8. Liability of commonwealth, political subdivision, directors and officers.

A. Bonds issued pursuant to the provisions of this Article shall not be deemed to constitute a debt or a pledge of the faith and credit of the commonwealth, or any political subdivision thereof, including Shenandoah County, Virginia, but such bonds shall be payable solely from the funds provided therefor as herein authorized. All such bonds shall contain on the face thereof a statement to the effect that neither the commonwealth, nor any political subdivision thereof, nor the authority shall be obligated to pay the same or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and that neither the faith and credit nor the taxing power of the commonwealth, or any political subdivision thereof, is pledged to the payment of the principal of such bonds or the interest thereon or other costs incident thereto.

B. Neither the directors of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.

C. All expenses incurred in carrying out the provisions of this Article shall be payable solely from the funds of the authority and no liability or obligation shall be incurred by the authority hereunder beyond the extent to which moneys shall be available to the authority.

D. Bonds issued pursuant to the provisions of this Article shall not constitute an indebtedness within the meaning of any debt limitation or restriction.

§ 5-9. Security for payment of bonds; default.

A. The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a trust indenture covering all or any part of the authority facilities from which revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made.

B. The resolution under which the bonds are authorized to be issued and any such trust indenture may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the Board of Directors shall deem advisable not in conflict with the provisions hereof.

C. Each pledge, agreement and trust indenture made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid. In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any trust indenture executed as security therefor, may be enforced by mandamus, suit, action or proceeding at law or in equity to compel the authority and the directors, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any trust indenture of the authority, the appointment of a receiver in equity or by foreclosure of any such trust indenture or any one or more of said remedies.

§ 5-10. Rents, fees and other charges.

A. The authority shall fix and revise from time to time the rents, fees and other charges to be paid to it in connection with the lease or sale of various authority facilities and for any other services furnished or provided by the authority. Such rents, fees and charges shall be fixed so as to provide at least sufficient funds to pay the cost of maintaining, repairing and operating such projects and the principal and interest of any bonds issued by the authority or other debts contracted as the same shall become due and payable.

B. The authority and the political subdivision in which all or any part of a particular authority facility is located may agree on payment by the authority on account of governmental services to be rendered by the political subdivision in such amounts as the authority may find to be consistent with the purposes of this Article.

C. A reserve may be accumulated and maintained out of the revenues and receipts of the authority for extraordinary repairs and expenses and for such other purposes as may be provided in any resolution authorizing a bond issue or in any trust indenture securing the authority's bonds.

D. Subject to such provisions and restrictions as may be set forth in the resolution or in the trust indenture authorizing or securing any of the bonds or other obligations hereunder, the authority shall have exclusive control of the revenues and receipts derived from the lease or sale of any authority facility and the right to use the revenues and receipts in the exercise of its powers and duties set forth in this Article.

§ 5-11. Exemption from taxation.

Pursuant to the authority contained in § 15.2-4912 of the Code of Virginia, as amended, the authority is hereby declared to be performing a public function in behalf of Shenandoah County with respect to which the authority is created and to be a public instrumentality of Shenandoah County, Virginia. Accordingly, the income, including any profit made on the sale thereof from all bonds issued by the authority, shall at all times be exempt from all taxation by the commonwealth or any political subdivision thereof.

§ 5-12. Authority to be nonprofit; disposition of net earnings.

Pursuant to the authority contained in § 15.2-4913 of the Code of Virginia, as amended, the authority shall be nonprofit and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event that the Board of Directors of the authority shall determine that sufficient provision has been made for the full payment of expenses, bonds and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the County of Shenandoah; provided, however, that nothing herein contained shall prevent the Board of Directors from transferring all or any part of its facilities or properties in accordance with the terms of any contract entered into by the authority.

§ 5-13. Dissolution of authority; disposition of property.

Whenever the Board of Directors of the authority shall by resolution determine that the purposes for which the authority was formed have been substantially complied with and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, the then members of the Board of Directors of the authority shall thereupon execute and file for record with the Board of Supervisors of Shenandoah County which created the authority, a resolution declaring such facts. If the Board of Supervisors of Shenandoah County which created the authority is of the opinion that the facts stated in the authority's resolution are true and that the authority should be dissolved, it shall so resolve and the authority shall stand dissolved. Upon such dissolution, the title to all funds and properties owned by the authority at the time of such dissolution shall vest in Shenandoah County, Virginia, and possession of such funds and properties shall forthwith be delivered to the County of Shenandoah, Virginia.

§ 5-14. Bonds as legal investments and lawful security.

Pursuant to the authority contained in § 15.2-4915 of the Code of Virginia, as amended, the bonds issued pursuant to this Article shall be and are hereby deemed to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians and for all public funds of the Commonwealth of Virginia or other political corporations or subdivisions of the commonwealth. Such bonds shall be eligible to secure the deposit of any and all public funds of the Commonwealth of Virginia, and any and all public funds of cities, towns, counties, school districts or other political corporations or subdivisions of the Commonwealth of Virginia, and such bonds shall be lawful and sufficient security for said deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto.

§ 5-15. Facility sites.

Any municipality may acquire a facility site by gift, purchase or lease and may transfer any facility site to an authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of the municipality 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 without or partially within or without the municipality creating the authority.

§ 5-16. Cumulative nature of provisions; construction.

Neither this Article nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this commonwealth, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, any other law to the contrary notwithstanding; provided that nothing herein shall be construed to deprive the commonwealth and its political subdivisions of their respective police powers over properties of the authority or to impair any power thereover of any official or agency of the commonwealth and its political subdivisions which may be otherwise provided by law. Nothing contained in this Article shall be deemed to authorize the authority to occupy or use any land, streets, buildings, structures or other property of any kind, owned or used by any political subdivision within its jurisdiction, or any public improvement or facility maintained by such political subdivision for the use of its inhabitants, without first obtaining the consent of the governing body thereof.

§ 5-17. Severability.

The powers granted and the duties imposed in this Article shall be construed to be independent and severable. If any one or more sections, subsections, sentences or parts of any of this Article shall be adjudged unconstitutional, invalid or otherwise unenforceable, such adjudication shall not affect impair or invalidate the remaining provisions hereof, but shall be confined in its operation to the specific provisions so held unconstitutional, invalid or unenforceable.

Editor's Note 1: This ordinance replaced the Shenandoah Sanitation Authority dissolved 11-14-2001.

Editor's Note 2: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Editor's Note 3: See § 8.1-101 et seq. of the Code of Virginia.