15.2-6627 - Creation; public purpose. - Virginia Statutes

§ 15.2-6627. Creation; public purpose.

If any of the governing bodies of the Counties of Lancaster, Northumberland,Richmond, and Westmoreland by resolution declare that there is a need for apublic access authority to be created and an operating agreement, which shallbe approved by participating localities by ordinance, is developed for thepurpose of establishing or operating a public access authority for any suchparticipating political subdivisions and that they should unite in theformation of an authority to be known as the Northern Neck Chesapeake BayPublic Access Authority (hereinafter the "Authority"), which shallthereupon exist for such participating counties and towns and shall exerciseits powers and functions as prescribed herein. The region for which suchAuthority shall exist shall be coterminous with the boundaries of theparticipating political subdivisions. The Authority shall be charged with thefollowing duties:

1. Identify land, either owned by the Commonwealth or private holdings thatcan be secured for use by the general public as a public access site;

2. Research and determine ownership of all identified sites;

3. Determine appropriate public use levels of identified access sites;

4. Develop appropriate mechanisms for transferring title of Commonwealth orprivate holdings to the Authority;

5. Develop appropriate acquisition and site management plans for publicaccess usage;

6. Determine which holdings should be sold to advance the mission of theAuthority; and

7. Perform other duties required to fulfill the mission of the Northern NeckChesapeake Bay Public Access Authority.

In any suit, action, or proceeding involving the validity or enforcement ofor relating to any contract of the Northern Neck Chesapeake Bay Public AccessAuthority, the Authority shall be deemed to have been created as a bodycorporate and to have been established and authorized to transact businessand exercise its powers hereunder upon proof of the adoption of a resolutionas aforesaid by the participating political subdivisions declaring that thereis a need for such Authority. A copy of such resolution duly certified by theclerks of the counties and towns by which it is adopted shall be admissibleas evidence in any suit, action, or proceeding. Any political subdivision ofthe Commonwealth is authorized to join such Authority pursuant to the termsand conditions of this act.

The ownership and operation by the Authority of any public access sites andrelated facilities and the exercise of powers conferred by this act areproper and essential governmental functions and public purposes and mattersof public necessity for which public moneys may be spent and private propertyacquired. The Authority is a regional entity of government by or on behalf ofwhich debt may be contracted by or on behalf of any county or town pursuantto Section 10 (a) of Article VII of the Constitution of Virginia.

(2005, c. 842.)