Bill Text: VA HB2305 | 2019 | Regular Session | Chaptered
Bill Title: Localities; descriptions are replaced with locality names.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-03-19 - Governor: Acts of Assembly Chapter text (CHAP0632) [HB2305 Detail]
Download: Virginia-2019-HB2305-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§15.2-1128, 15.2-1130, 15.2-1201.1, 15.2-1212, 15.2-1228, 15.2-2257, 15.2-4602, 15.2-4701, 15.2-4702, 15.2-4801, 15.2-5118, and 15.2-5120 of the Code of Virginia are amended and reenacted as follows:
§15.2-1128. City of Norfolk authorized to exchange information regarding criminal history.
Applicants for employment as paramedics or emergency medical
technicians making application to the personnel office of any city having a
population of not less than 260,000 nor more than 264,000 according to the 1990
United States Census the City of Norfolk shall be required to submit
to fingerprinting and to provide personal descriptive information to be
forwarded along with the applicant's fingerprints through the Central Criminal
Records Exchange and the Federal Bureau of Investigation for the purpose of
obtaining criminal history record information regarding such applicant;
however, such applicants may be required, if required by local ordinance, to
pay the cost of the fingerprinting or criminal records check or both.
The Central Criminal Records Exchange, upon receipt of an
applicant's record or notification that no record exists, shall make a report
to the city City of Norfolk. If an applicant is denied employment
because of information appearing in his criminal history record, the
locality City of Norfolk shall provide a copy of the information
obtained from the Central Criminal Records Exchange to the applicant. The
information shall not be disseminated except as provided in this section.
§15.2-1130. Liability for failure to provide adequate security or crowd control.
Any city having a population between 100,000 and 110,000 or
between 150,000 and 160,000 The Cities of Chesapeake and Portsmouth may
provide by ordinance that any person who has negligently failed to provide
adequate security or crowd control at a sporting event, restaurant, night club,
or other business or commercial activity that draws large crowds of people may
be liable in a separate civil action for the cost associated with any emergency
response by the law-enforcement agency or emergency medical services personnel
of such city caused by the sponsor, owner, or tenant of any sporting
event, restaurant, night club, or other business or commercial
establishment who negligently failed to provide adequate security or crowd
control. Such person shall be liable to the city in an amount not to exceed
$1,000.
§15.2-1201.1. Discharging employee for service on board prohibited; civil penalty.
A board member of a county with a population between 31,000
and 31,500 in Buchanan County shall not be discharged from
employment as a result of his absence from employment due to attendance at regular
board meetings upon giving reasonable notice to his employer of such absence.
Any employer violating the provisions of this section shall be subject to a
civil penalty of up to $2,500.
§15.2-1212. Frederick County; resolution of board of supervisors; referendum; election.
A. Upon resolution passed by the board of supervisors of
Frederick County and filed with the circuit court asking for a referendum on
the question of Frederick County being governed by a board of supervisors, one
or more, elected from each magisterial district and a chairman elected
from the county at large, the court shall by order entered of record, require
the regular election officials at the November, nineteen hundred
seventy-four 1974 regular election to open a poll and take the sense
of the qualified voters of the county on the question submitted as herein
provided. The clerk of the county shall cause a notice of such election to be
published in a newspaper published in or having a general circulation in the
county, once a week for three consecutive weeks, and shall post a copy of such
notice at the door of the courthouse of the county.
B. The regular election officers of the county at the time
designated in the order authorizing the vote shall open the polls at the
various voting places in the county and conduct the election in such manner as
is provided by law for other elections, insofar as the same is applicable. The
election shall be by ballot;, and the ballots shall be prepared
by the electoral board and distributed to the various election precincts as in
other elections. The ballots used shall be printed to read as follows:
"Do you approve the adoption of the county's board of supervisors being elected by magisterial districts and the chairman elected from the county at large?
[ ] Yes
[ ] No"
The squares to be printed in such ballots shall not be less than one quarter nor more than one-half inch in size.
Any person voting at such election shall place a () or a cross (X) or (+) mark or a line (-) in the square before the appropriate word indicating how he desires to vote on the question submitted.
The ballots shall be counted, returns made and canvassed as in
other elections, and the results certified by the commissioners of election to
the circuit court, and the circuit court, or the judge thereof in
vacation, shall enter of record the results of the election. If it shall
appear appears by the report of the commissioners of election that a
majority of the qualified voters of the county voting approve the adoption of
the county's board of supervisors being elected from magisterial districts and
the chairman being elected from the county at large, the circuit court
of the county, or the judge thereof in vacation, shall enter of record such
fact.
C. At the next succeeding election, following approval of the plan provided for herein, at which the county's board of supervisors are to be elected, the form of organization of such county's board of supervisors shall be in accordance with the form provided for herein.
D. All county and district officers of such county, unless otherwise sooner removed, shall continue to hold office until their successors are elected and have qualified.
E. A referendum as described hereinabove in this
section to revert to the former method of electing the chairman and
supervisors may be conducted upon a resolution of the board of supervisors as
provided hereinabove in this section. In lieu of such resolution
by the board of supervisors, a referendum as described hereinabove in
this section may be conducted upon a petition filed with the circuit court
of the county, or the judge thereof in vacation;, and signed
by ten 10 percent of the qualified voters of such county
requesting such referendum, and the court of or the judge
shall proceed as in the case of a resolution by the board of supervisors.
§15.2-1228. Repair of foundation damage in Chesterfield County.
Any county having a county charter with a population
between 200,000 and 215,000 Chesterfield County may by ordinance provide
that the county may use public funds to repair existing residential dwellings
damaged by foundation failures caused by high clay content soil subject to
moisture-related shrinking and swelling. Such ordinance may place conditions on
the use or expenditure of such public funds. The expenditure of such public
funds by the county under this subsection section during a fiscal
year shall not exceed two percent of the county's locally derived revenues from
that fiscal year.
For purposes of this subsection section, the
term "public funds" shall include includes only
general tax revenues from real and personal property, and shall
does not include any special fee assessment, or other tax or charge,
however denominated.
The county shall keep funds collected for building permit fees
and any funds received from any other fees collected under any special act in
separate accounts, and separate from other locally derived revenues, and may
not use fees collected for building permits or fees collected under any special
act, directly or indirectly, for purposes authorized under this subsection
section.
§15.2-2257. Procedure to modify certain covenants in Shenandoah County.
Upon a verified petition signed by the owners, other than the
original subdivider, of ten 10 percent of the lots in any
subdivision previously recorded, the circuit court for any county with a
1980 population of more than 27,500 but less than 29,000 Shenandoah
County, in which such subdivision lies, shall have authority to conduct a
hearing and modify any and all covenant provisions of any previously recorded
deed of dedication or other document relating to road maintenance fees as to
any roads located within the subdivision. Upon receipt of the petition, the
court shall, if all owners of lots within such subdivision are not before the
court, enter an order of publication under the provisions of subdivision A
3 of §8.01-316, making the owners of all lots not owned by petitioners parties
to the cause, which shall then be docketed and set for trial on the chancery
side of the court. Should the court, after hearing evidence and argument of
counsel, find that the streets and roads in the subdivision require maintenance
in excess of that provided for with the road maintenance funds specified in the
covenants to permit emergency vehicles ready access to the residents of the
subdivision to ensure the public health, safety, and welfare, the court may
increase the fees required for road maintenance to the extent reasonably
necessary to permit emergency vehicles ready access to the residents of the
subdivision. The funds collected shall be accounted for as provided in §
15.2-2256. Nothing herein shall be construed to prohibit the members of a
subdivision association from proceeding under the provisions of subsection C of
§55-344 the Property Owners' Association Act (§55-508 et seq.).
§15.2-4602. Definitions.
As used in this chapter, unless the context indicates another meaning or intent:
"Commission" means the governing body of the local district.
"Cost" means all or any part of the cost of
acquisition, construction, reconstruction, alteration, landscaping, or
enlargement of a public mass transit system or highway which that
is located in counties which that are authorized by this chapter
to create a transportation improvement district, including the cost of the
acquisition of land, rights-of-way, property rights, easements and interests
acquired for such construction, alteration or expansion, the cost of
demolishing or removing any structure on land so acquired, including the cost
of acquiring any lands to which such structures may be removed, the cost of all
labor, materials, machinery and equipment, financing charges, insurance,
interest on all bonds prior to and during construction and, if deemed advisable
by the commission, for a reasonable period after completion of such
construction, reserves for principal and interest and for extensions,
enlargements, additions, replacements, renovations, and improvements,
provisions for working capital, the cost of surveys, engineering and
architectural expenses, borings, plans and specifications and other engineering
and architectural services, legal expenses, studies, estimates of costs and
revenues, administrative expenses, and such other expenses as may be
necessary, or incident to, the construction of the project or, solely as
to districts created pursuant to this chapter after July 1, 1990, the creation
of the district (the costs of which creation shall not exceed $150,000), and of
such subsequent additions thereto or expansion thereof, and to determining the
feasibility or practicability of such construction, the cost of financing such
construction, additions, or expansion and placing the project and such
additions or expansion in operation.
"County" means any county having a population of
more than 500,000 and any adjoining county Arlington, Fairfax, Loudoun,
and Prince William Counties.
"District" or "local district" means any transportation improvement district created under the provisions of § 15.2-4603.
"District advisory board" or "advisory board" means the board appointed by the commission in accordance with § 15.2-4605.
"Federal agency" means and includes the United States of America or any department, bureau, agency, or instrumentality thereof.
"Owner" or "landowner" means the person or
entity which that has the usufruct, control, or occupation
of the taxable real property as determined by the commissioner of the
revenue of the jurisdiction in which the subject real property is located
pursuant to §58.1-3281.
"Revenues" means any or all fees, tolls, taxes, rents, notes, receipts, assessments, moneys, and income derived by the local district and includes any cash contributions or payments made to the local district by the Commonwealth or any agency, department, or political subdivision thereof or by any other source.
"Town" means any town having a population of more than 1,000.
"Transportation improvements" means any and all real or personal property utilized in constructing and improving (i) any mass transportation project and (ii) any primary highway or portion thereof, located within any district created pursuant §15.2·4603. Such improvements include, without limitation, public mass transit systems, public highways, all buildings, structures, approaches, and other facilities and appurtenances thereto, rights-of-way, bridges, tunnels, transportation stations, terminals, areas for parking, and all related equipment and fixtures.
§15.2-4701. Definitions.
As used in this chapter, unless the context indicates another meaning or intent:
"Commission" means the governing body of the local district.
"Cost" means all or any part of the cost of
acquisition, construction, reconstruction, alteration, landscaping, utilities,
parking, or enlargement of a public mass transit system or highway which
that is located in localities which that are authorized by
this chapter to create a transportation improvement district, including the
cost of the acquisition of land, rights-of-way, property rights, easements and
interests acquired for such construction, alteration, or expansion, the
cost of demolishing or removing any structure on land so acquired, including
the cost of acquiring any lands to which such structures may be removed, the
cost of all labor, materials, machinery and equipment, financing charges,
insurance, interest on all bonds prior to and during construction and, if
deemed advisable by the commission, for a reasonable period after completion of
such construction, reserves for principal and interest and for extensions,
enlargements, additions, replacements, renovations, and improvements,
provisions for working capital, the cost of surveys, engineering and
architectural expenses, borings, plans and specifications, and other
engineering and architectural services, legal expenses, studies, estimates of
costs and revenues, administrative expenses, and such other expenses as
may be necessary or incident to the construction of the project, or
creation of the district (which shall not exceed $150,000), and of such
subsequent additions thereto or expansion thereof, and to determining the
feasibility or practicability of such construction, the cost of financing such
construction, additions, or expansion and placing the project and such
additions or expansion in operation.
"District" or "local district" means any transportation improvement district created under the provisions of § 15.2·4702.
"District advisory board" or "advisory board" means the board appointed by the commission in accordance with § 15.2-4704.
"Federal agency" means and includes the United States of America or any department, bureau, agency, or instrumentality thereof.
"Locality" means (i) any county that has the
county executive form of government and is located adjacent to a county with a
population of more than 500,000 according to the 1980 or any subsequent census,
(ii) any county that has been granted a county charter and has a population of
more than 100,000 according to the 1980 or any subsequent census, and (iii) any
city that is located adjacent to a county that has been granted a county
charter and has a population of more than 100,000 according to the 1980 or any
subsequent census Chesterfield and Prince William Counties and the City
of Richmond.
"Owner" or "landowner" means the person or
entity which that has the usufruct, control, or occupation
of the taxable real property as determined by the commissioner of the
revenue of the jurisdiction in which the subject real property is located
pursuant to §58.1-3281.
"Revenues" means any or all fees, tolls, taxes, rents, notes, receipts, assessments, moneys, and income derived by the local district and includes any cash contributions or payments made to the local district by the Commonwealth or any agency, department, or political subdivision thereof or by any other source.
"Town" means any town having a population of more than 1,000, as determined by the 1980 census.
"Transportation improvements" means any and all real
or personal property utilized in constructing and improving any public mass
transit system or any highway or portion or interchange thereof,
including utilities and parking facilities within the secondary, primary, or
interstate highway system Interstate Highway System of the
Commonwealth or any highway included in the county's land use and
transportation plan located within the district created pursuant to §
15.2-4702. Such improvements include, without limitation, public mass transit
systems or public highways, all buildings, structures, approaches, and other
facilities and appurtenances thereto, rights-of-way, bridges, tunnels,
transportation stations, terminals, areas for parking, and all related
equipment and fixtures.
§15.2-4702. Creation of district.
A. A transportation improvement district shall be created under
this chapter only by the resolution of the local governing body of the locality
in which the proposed district is located, upon the petition to the governing
body (i) of the owners of at least fifty-one 51 percent of either
the land area or assessed value of land which that is within the
boundaries of the proposed district and which that has been zoned
for commercial or industrial use or is used for such purposes or (ii) in a
county with a population of more than 100,000 according to the 1980 or any subsequent
census which has been granted a county charter Chesterfield County,
of fifty-one 51 percent of the owners of land which
that is designated for such purposes in the county's land use and
transportation plan and is not zoned for residential use at the time the
district is created.
The roads, intersections, and rights-of-way thereof which
that form boundaries of these districts shall be considered as part of each
respective district. Any proposed district may include any land within a town
in such county. Such petitions should shall:
1. Set forth the name and describe the boundaries of the proposed district;
2. Describe the transportation facilities proposed within the district;
3. Describe a proposed plan for providing such transportation
facilities within the district and describe specific terms and conditions with
respect to all commercial and industrial zoning classifications and uses,
densities, and criteria related thereto which that the
petitioners request for the proposed district;
4. Describe the benefits which that can be
expected from the provision of such transportation facilities within the
district; and
5. Request the local governing body to establish the proposed district for the purposes set forth in the petition.
B. Upon the filing of such a petition, the governing body
shall fix a day for a hearing on the question of whether the proposed district
shall be created. The hearing shall consider whether the residents and owners
of real property within the proposed district would benefit from the
establishment of the proposed district. All interested persons who either
reside in or who own taxable real property within the boundaries of the
proposed district shall have the right to appear and show cause why any
property or properties should not be included in the proposed district. If real
property within a town is included in the proposed district, the governing body
shall deliver a copy of the petition and notice of the public hearing thereon
to the town council at least thirty 30 days prior to the public
hearing, and the town council may, by resolution, determine if it wishes such
property to be included within the proposed district, and shall deliver
a copy of any such resolution to the board of supervisors at the public hearing
required hereunder; the resolution shall be binding upon the governing body
with respect to the inclusion or exclusion of such properties within the
proposed district. The petition shall comply with the provisions of this
section with respect to minimum acreage or assessed valuation. Notice of the
hearing shall be given by publication once a week for three consecutive weeks
in a newspaper of general circulation within the locality. At least ten
10 days shall intervene between the third publication and the date set for
the hearing.
C. If the local governing body finds the creation of the
proposed district would be in furtherance of the applicable comprehensive plan
for the development of the area, in the best interests of the residents and
owners of real property within the proposed district, and in furtherance of the
public health, safety, and general welfare, the governing body of the
qualifying locality may, at its option, pass a resolution, which shall be reasonably
consistent with the petition, creating the district and providing for the
appointment of an advisory board in accordance with §15.2-4704. The resolution
shall provide: (i) a description with specific terms and conditions of
all commercial and industrial zoning classifications which that
shall be in force in the district upon its creation, together with any related
criteria, and a term of years, not to exceed twenty 20 years, as
to which each such zoning classification and each related criteria set forth
therein shall not be eliminated, reduced, or restricted, except upon the
written request or approval of the owner of any property affected by a change,
or as specifically required to comply with the Chesapeake Bay Preservation Act
(§ 10.1-2100 62.1-44.15:67 et seq.) or other state law and (ii)
that the district shall expire either thirty-five 35 years from
the date upon which the resolution is passed or when the district is abolished
in accordance with §15.2-4714.
After the public hearing, the local governing body shall
deliver a true copy of its proposed resolution creating the district to the
petitioning landowners or their attorney-in-fact. Any petitioning landowner may
then withdraw his signature on the petition in writing at any time prior to the
vote of the local governing body. If any signatures on the petition are
withdrawn as provided herein, the local governing body may pass the proposed
resolution in conformance herewith only upon certification that the petition
continues to meet the provisions of subsection A of this section with
respect to minimum acreage or assessed value, as the case may be. After
the local governing body has adopted resolutions creating the district, the
district shall be established and the name of the district shall be "The
__________ Transportation Improvement District."
§15.2-4801. Definitions.
As used in this chapter, unless the context indicates another meaning or intent:
"Board of supervisors" means the governing body of a county empowered to act under the provisions of this chapter.
"Commission" means the governing body of the district created under §15.2-4802.
"Cost" means all or any part of the cost of acquisition, construction, reconstruction, alteration, landscaping, enlargement, conservation, remodeling, or equipping of a transportation facility or portion thereof, including the cost of the acquisition of land, rights-of-way, property rights, easements and interests acquired for such construction, alteration, or expansion, the cost of demolishing or removing any structure on land so acquired, including the cost of acquiring any lands to which such structures may be removed, the cost of all labor, materials, machinery and equipment, financing charges, insurance, interest on all bonds prior to and during construction and, if deemed advisable by the governing body, for a reasonable period after completion of such construction, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, provisions for working capital, the cost of surveys, engineering and architectural expenses, borings, plans and specifications, and other engineering and architectural services, legal expenses, studies, estimates of costs and revenues, administrative expenses, and such other expenses as may be necessary or incident to the creation of the district (which shall not exceed $150,000), construction of the project, and the provision of equipment therefor, and of such subsequent additions thereto or expansion thereof, and to determining the feasibility or practicality of such construction, the cost of financing such construction, additions, or expansion, and placing the project and such additions or expansion in operation.
"County" means (i) any county organized under the
urban county executive form of government, (ii) any county adjoining a county
organized under the urban county executive form of government, and (iii) any
county with a population of at least 32,000 but not more than 36,000 according
to the most recent United States census Arlington, Fairfax, James City,
Loudoun, Prince William, Pulaski, and Smyth Counties.
"District" means any transportation service district created under the provisions of §15.2-4802.
"District advisory board" means the board appointed by the board of supervisors in accordance with §15.2-4804.
"Federal agency" means and includes the United States of America or any department, bureau, agency, or instrumentality thereof.
"Owner" or "landowner" means the person or
entity which that has the usufruct, control, or occupation
of the real property as determined annually by the county.
"Public highways" includes any public highways, roads, or streets, whether maintained by the Commonwealth or otherwise.
"Revenues" means any or all fees, tolls, rents, notes,
receipts, assessments, taxes, moneys, and income derived by the district and
includes any cash contributions or payments made to the district by the
Commonwealth, any political subdivision thereof, or by any other source.
"Town" means any town having a population of more than 1,000, as determined by the 1980 census.
"Transportation facilities" means any real or personal property acquired, constructed or improved, or utilized in constructing or improving any public highway or portion thereof or any publicly owned mass transit systems situated or operated within the district created pursuant to appurtenances thereto, rights-of-way, bridges, tunnels, transportation stations, terminals, areas for parking, and all related equipment and fixtures.
§15.2-5118. Powers of Authority; streetlights in King George County.
Notwithstanding any contrary provision of law in this chapter,
an authority may lease as lessee or otherwise contract for the provision of,
operate, and maintain streetlights in a county having a population
between 13,200 and 14,000 according to the 1990 United States Census
King George County. The lessor or other contractual provider of such
streetlights shall be a public service corporation which that
holds a certificate of public convenience and necessity to provide retail
electric service in the territory in which such streetlights are located. King
George County may contribute funds to the authority by act of its governing
body for use by the authority in carrying out the authority's powers listed in
this section. In addition, the authority may fix, charge, and collect
fees, rates, fees and charges for the use of the service described
in this section or for such service furnished by the authority. Such fees,
rates, fees, and charges shall be charged to and collected from any
person contracting for the service, or lessee, or tenant, or any other
person who uses or occupies any real estate served by or benefiting from the
service.
§15.2-5120. Powers of authority in certain counties and cities.
An authority or authorities created pursuant to the provisions
of this chapter by counties that have adopted the county manager plan of
government and a city contiguous thereto having a 1980 population of more than
100,000 Arlington County and the City of Alexandria, singularly or
jointly, two or all of such counties and cities may enter into contracts
relating to the furnishing of services and facilities for refuse collection and
disposal and conversion of same to energy (system) with any person or partnership
or corporation (entity). The contract shall not have a term in excess of
thirty 30 years from the date on which service is first provided. It
may make provisions for:
1. The use by the authority of all or a portion of the disposal
capacity of such system for the authority's present or future requirements,;
2. The delivery by or for the account of the authority of
specified quantities of refuse, whether or not the authority collects such
refuse,;
3. The making of payments in respect of such quantities of
refuse, whether or not the refuse is delivered, including payments in respect
of revenues lost if such refuse is not delivered,;
4. Adjustments to payments to be made by the authority because
of inflation, changes in energy prices or residue disposal costs, taxes imposed
upon the system, or other events beyond the control of the entity or in
respect of the actual costs of maintaining, repairing, or operating the
system, including debt service or capital lease payments, capital costs,
or other financing charges relating to the system,; and
5. The collection by the entity of fees, rates, or charges from persons using disposal capacity for which the authority has contracted.
The authority may fix, charge, and collect fees, rates, and charges for services furnished or made available by the entity operating the system to provide sufficient funds at all times during the term of the contract, together with other funds available to the authority for such purposes, to pay all amounts due from time to time under such contract and to provide a margin of safety for such payment. The authority may covenant with the entity to establish and maintain fees, rates, and charges at such levels during the term of the contract for such purposes.
Such fees, rates, and charges shall not apply to refuse
generated, purchased, or utilized by any enterprise located in the
service area and engaged in the business of manufacturing, mining, processing,
refining, or conversion, which that is not disposed at or
through such system.
The fees, rates, fees and charges may be imposed
upon the owners, tenants, or occupants of each occupied lot or parcel of
land which that the authority determines (with the concurrence at
the time of such determination of the local government in which such parcel is
located) is in the service area, or portion thereof, of the system for which
the authority has contracted, whether or not refuse generated from such parcel
are is actually delivered to such system.
The fees, rates, fees and charges shall be fixed
in accordance with the procedures set forth in the subsection D of §
15.2-5136. Such fees, rates, fees and charges may be allocated
among the owners, tenants, or occupants of each lot or parcel of land
which that the authority determines is in the service area, or
portion thereof, of the system for which the authority has contracted. Such
allocation may be based upon:
1. Waste generation estimates, the average number of persons
residing, working in, or otherwise connected with such premises, the
type and character of such premises, or upon any combination of the
foregoing factors, or;
2. The amount of refuse delivered to such system, or;
3. The assessed value of such parcels,; or
4. A combination of the foregoing.
There shall be a lien on real estate for the amount of such fees, rates, and charges as provided in §15.2-5139. The authority is empowered by resolution or other lawful action to enforce the payment of the lien by means of the actions described in §15.2-5138.
The power to establish such fees, rates, and charges
shall be in addition to any other powers granted hereunder, and such
fees, rates, and charges shall not be subject to the jurisdiction of any
commission, authority, or other unit of government. The entity
contracting with the authority, except to the extent that rights herein
given may be restricted by the contract, either at law or in equity, by suit,
mandamus, or other proceedings, may protect and enforce any and all
rights granted under such contract and may face and compel the performance of
all duties required by this chapter or by such contract to be performed by the
authority or by any officer thereof, including without limitation the fixing,
charging, and collecting of fees, rates, fees and charges
in accordance with this chapter and such contract.
Such contract, with the irrevocable consent of the entity, may
be made directly with the trustee for indebtedness issued to finance such
system and provide for payment directly to such trustee. The authority may
pledge fees, rates, and charges made in respect of the contract with the
entity, and such pledge shall be valid and binding from the time when
it is made. Fees, rates, and charges so pledged and thereafter received
by the authority shall immediately be subject to the lien of such pledge
without any physical delivery or further act, and the lien of such
pledge shall be valid and binding against all parties having claims of any
kind, in tort, contract, or otherwise, irrespective of whether
such parties have notice thereof. Neither the contract nor any assignment
thereof need be filed or recorded except in the records of the authority.
The requirements and restrictions of §15.2-5121 shall not
apply to any contract of the authority with respect to the system if the entity
for such system will not collect refuse from the generators of the same,
and there are no such facilities located in the area served by the authority.
