                                 CODE OF VIRGINIA

POWERS OF AUTHORITY IN CERTAIN COUNTIES AND CITIES (§ 15.2-5120)

An authority or authorities created pursuant to the provisions of this chapter
by Arlington County and the City of Alexandria, singularly or jointly, 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 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&#8217;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 that is not disposed at or through such system.			The
fees, rates, and charges may be imposed upon the owners, tenants, or occupants
of each occupied lot or parcel of land 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 is actually delivered to such system.			The fees, rates, and
charges shall be fixed in accordance with the procedures set forth in subsection
D of &#xA7; 15.2-5136. Such fees, rates, and charges may be allocated among the
owners, tenants, or occupants of each lot or parcel of land 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;

2. The amount of refuse delivered to such system;

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 &#xA7; 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 &#xA7; 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 force 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, 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 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 &#xA7; 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.

HISTORY: 1997, c. 587; 2019, c. 632.