{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/15.2-5410.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/15.2-5410.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/15.2-5410.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/15.2-5410.html"}],"law_id":348769,"edition_id":2,"section_id":348769,"structure_id":50003,"section_number":"15.2-5410","catch_line":"Contents of agreement as to joint ownership of project; designation of party to agreement as agent for construction, operation and maintenance of project; powers and duties of agent","history":"1979, c. 416, \u00a7 15.1-1613; 1997, c. 587.","full_text":"Any agreement between an authority and a unit with respect to the joint ownership of a project shall provide that each party to the agreement shall own a percentage of the project equal to the percentage of the money furnished or the value of property supplied by the respective parties for the acquisition and construction thereof and shall own and control a like percentage of the output thereof. The agreement shall further provide that an authority shall be liable only for its own acts thereunder and that no moneys or other contributions supplied by an authority shall be applied in any way to the account of any other party to the agreement. Any such agreement may contain such terms, conditions, and provisions as the board of directors of an authority shall deem to be in the best interest of such authority.\n\nThe agreement may include, but shall not be limited to, provisions for the construction, operation and maintenance of a project by one of the parties thereto, which shall be designated in or pursuant to such agreement as agent on behalf of itself and the other parties, or by such other means as may be determined by the parties and provisions for a uniform method of determining, and allocating among the parties, costs of construction, operation, maintenance, renewals, replacements, and improvements with respect to such project. In carrying out its functions and activities as such agent with respect to the construction, operation, and maintenance of such a project, including without limitation the letting of contracts therefor, the agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other parties. Notwithstanding the provisions of any other law to the contrary, the authority may delegate its powers and duties with respect to the construction, operation and maintenance of such project to such agent, and all actions taken by the agent in accordance with the provisions of such agreement shall be binding upon each of the parties without further action or approval by their respective boards of directors or governing bodies. The agent shall be required to exercise all such powers and perform its duties and functions under the agreement in a manner consistent with prudent utility practice.\n\nAs used in this section, “prudent utility practice” means any of the practices, methods, and acts at a particular time which, in the exercise of reasonable judgment in the light of the facts, including but not limited to the practices, methods, and acts engaged in or approved by a significant portion of the electrical utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition.\n\n","order_by":null,"text":{"0":{"id":1300147,"text":"Any agreement between an authority and a unit with respect to the joint ownership of a project shall provide that each party to the agreement shall own a percentage of the project equal to the percentage of the money furnished or the value of property supplied by the respective parties for the acquisition and construction thereof and shall own and control a like percentage of the output thereof. The agreement shall further provide that an authority shall be liable only for its own acts thereunder and that no moneys or other contributions supplied by an authority shall be applied in any way to the account of any other party to the agreement. Any such agreement may contain such terms, conditions, and provisions as the board of directors of an authority shall deem to be in the best interest of such authority.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1300148,"text":"The agreement may include, but shall not be limited to, provisions for the construction, operation and maintenance of a project by one of the parties thereto, which shall be designated in or pursuant to such agreement as agent on behalf of itself and the other parties, or by such other means as may be determined by the parties and provisions for a uniform method of determining, and allocating among the parties, costs of construction, operation, maintenance, renewals, replacements, and improvements with respect to such project. In carrying out its functions and activities as such agent with respect to the construction, operation, and maintenance of such a project, including without limitation the letting of contracts therefor, the agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other parties. Notwithstanding the provisions of any other law to the contrary, the authority may delegate its powers and duties with respect to the construction, operation and maintenance of such project to such agent, and all actions taken by the agent in accordance with the provisions of such agreement shall be binding upon each of the parties without further action or approval by their respective boards of directors or governing bodies. The agent shall be required to exercise all such powers and perform its duties and functions under the agreement in a manner consistent with prudent utility practice.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1300149,"text":"As used in this section, “prudent utility practice” means any of the practices, methods, and acts at a particular time which, in the exercise of reasonable judgment in the light of the facts, including but not limited to the practices, methods, and acts engaged in or approved by a significant portion of the electrical utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":50003,"edition_id":2,"name":"Electric Authorities Act","identifier":"54","label":"chapter","depth":3,"order_by":13,"parent_id":49964,"metadata":{"child_laws":36,"child_structures":0},"date_created":"2026-08-02 02:19:49","date_modified":"2026-08-02 12:29:53","permalink":{"id":1386173,"object_type":"structure","relational_id":50003,"identifier":"54","token":"15.2\/IV\/54","url":"\/15.2\/IV\/54\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49964,"edition_id":2,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":49831,"metadata":{"child_laws":721,"child_structures":68},"date_created":"2026-08-02 02:19:12","date_modified":"2026-08-02 12:29:48","permalink":{"id":1384899,"object_type":"structure","relational_id":49964,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49831,"edition_id":2,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":46,"parent_id":null,"metadata":{"child_laws":2297,"child_structures":225},"date_created":"2026-08-02 02:16:22","date_modified":"2026-08-02 12:29:22","permalink":{"id":1378281,"object_type":"structure","relational_id":49831,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":348755,"structure_id":50003,"section_number":"15.2-5400","catch_line":"Short title","url":"\/15.2-5400\/","token":"15.2\/IV\/54\/15.2-5400","metadata":false},{"id":348756,"structure_id":50003,"section_number":"15.2-5401","catch_line":"Intent of General Assembly","url":"\/15.2-5401\/","token":"15.2\/IV\/54\/15.2-5401","metadata":{"court_decisions":""}},{"id":348757,"structure_id":50003,"section_number":"15.2-5402","catch_line":"Definitions","url":"\/15.2-5402\/","token":"15.2\/IV\/54\/15.2-5402","metadata":false},{"id":348758,"structure_id":50003,"section_number":"15.2-5403","catch_line":"Creation of electric authority; referendum","url":"\/15.2-5403\/","token":"15.2\/IV\/54\/15.2-5403","metadata":false},{"id":348759,"structure_id":50003,"section_number":"15.2-5404","catch_line":"Articles of incorporation","url":"\/15.2-5404\/","token":"15.2\/IV\/54\/15.2-5404","metadata":false},{"id":348761,"structure_id":50003,"section_number":"15.2-5405","catch_line":"Certificate of incorporation or charter; addition and withdrawal of members; board of directors; indemnification of directors, officers or employees","url":"\/15.2-5405\/","token":"15.2\/IV\/54\/15.2-5405","metadata":{"court_decisions":""}},{"id":348760,"structure_id":50003,"section_number":"15.2-5405.1","catch_line":"Applicability of personnel and procurement procedures to certain authorities","url":"\/15.2-5405.1\/","token":"15.2\/IV\/54\/15.2-5405.1","metadata":false},{"id":348764,"structure_id":50003,"section_number":"15.2-5406","catch_line":"Rights, powers and duties of authority","url":"\/15.2-5406\/","token":"15.2\/IV\/54\/15.2-5406","metadata":false},{"id":348762,"structure_id":50003,"section_number":"15.2-5406.1","catch_line":"Retail distribution of electric energy limited to certain authorities","url":"\/15.2-5406.1\/","token":"15.2\/IV\/54\/15.2-5406.1","metadata":{"court_decisions":""}},{"id":348763,"structure_id":50003,"section_number":"15.2-5406.2","catch_line":"Tort claims against certain authorities","url":"\/15.2-5406.2\/","token":"15.2\/IV\/54\/15.2-5406.2","metadata":false},{"id":348765,"structure_id":50003,"section_number":"15.2-5407","catch_line":"Membership in more than one authority","url":"\/15.2-5407\/","token":"15.2\/IV\/54\/15.2-5407","metadata":false},{"id":348766,"structure_id":50003,"section_number":"15.2-5408","catch_line":"Sale of power and energy, including capacity and output to member governmental units by authority; duration of contracts; source of payments; furnishing of money, property or services by member governmental units","url":"\/15.2-5408\/","token":"15.2\/IV\/54\/15.2-5408","metadata":false},{"id":348767,"structure_id":50003,"section_number":"15.2-5409","catch_line":"Sale of capacity and output to nonmembers; limitations","url":"\/15.2-5409\/","token":"15.2\/IV\/54\/15.2-5409","metadata":false},{"id":348769,"structure_id":50003,"section_number":"15.2-5410","catch_line":"Contents of agreement as to joint ownership of project; designation of party to agreement as agent for construction, operation and maintenance of project; powers and duties of agent","url":"\/15.2-5410\/","token":"15.2\/IV\/54\/15.2-5410","metadata":false},{"id":348770,"structure_id":50003,"section_number":"15.2-5411","catch_line":"Contracts for planning, acquisition, construction, etc., of projects","url":"\/15.2-5411\/","token":"15.2\/IV\/54\/15.2-5411","metadata":false},{"id":348771,"structure_id":50003,"section_number":"15.2-5412","catch_line":"Issuance of bonds by authority","url":"\/15.2-5412\/","token":"15.2\/IV\/54\/15.2-5412","metadata":false},{"id":348772,"structure_id":50003,"section_number":"15.2-5413","catch_line":"Interim receipts and temporary bonds; lost, stolen and destroyed bonds","url":"\/15.2-5413\/","token":"15.2\/IV\/54\/15.2-5413","metadata":false},{"id":348773,"structure_id":50003,"section_number":"15.2-5414","catch_line":"Bonds not debts of Commonwealth or member governmental unit","url":"\/15.2-5414\/","token":"15.2\/IV\/54\/15.2-5414","metadata":false},{"id":348774,"structure_id":50003,"section_number":"15.2-5415","catch_line":"Security for bonds; trust agreement; bond resolution","url":"\/15.2-5415\/","token":"15.2\/IV\/54\/15.2-5415","metadata":false},{"id":348775,"structure_id":50003,"section_number":"15.2-5416","catch_line":"Rents, rates, fees and other charges","url":"\/15.2-5416\/","token":"15.2\/IV\/54\/15.2-5416","metadata":false},{"id":348776,"structure_id":50003,"section_number":"15.2-5417","catch_line":"Moneys received deemed trust funds","url":"\/15.2-5417\/","token":"15.2\/IV\/54\/15.2-5417","metadata":false},{"id":348777,"structure_id":50003,"section_number":"15.2-5418","catch_line":"Bondholders' and trustees' remedies","url":"\/15.2-5418\/","token":"15.2\/IV\/54\/15.2-5418","metadata":false},{"id":348778,"structure_id":50003,"section_number":"15.2-5419","catch_line":"Refunding bonds","url":"\/15.2-5419\/","token":"15.2\/IV\/54\/15.2-5419","metadata":false},{"id":348780,"structure_id":50003,"section_number":"15.2-5420","catch_line":"Status of bonds under Uniform Commercial Code","url":"\/15.2-5420\/","token":"15.2\/IV\/54\/15.2-5420","metadata":false},{"id":348781,"structure_id":50003,"section_number":"15.2-5421","catch_line":"Bonds as legal investments and lawful security","url":"\/15.2-5421\/","token":"15.2\/IV\/54\/15.2-5421","metadata":false},{"id":348782,"structure_id":50003,"section_number":"15.2-5422","catch_line":"Bonds exempt from taxation","url":"\/15.2-5422\/","token":"15.2\/IV\/54\/15.2-5422","metadata":false},{"id":348784,"structure_id":50003,"section_number":"15.2-5423","catch_line":"Payments in lieu of property taxes; license tax","url":"\/15.2-5423\/","token":"15.2\/IV\/54\/15.2-5423","metadata":false},{"id":348783,"structure_id":50003,"section_number":"15.2-5423.1","catch_line":"Exemption from taxation for certain authorities","url":"\/15.2-5423.1\/","token":"15.2\/IV\/54\/15.2-5423.1","metadata":false},{"id":348785,"structure_id":50003,"section_number":"15.2-5424","catch_line":"Transfer, etc., of property of political subdivisions upon request of authority","url":"\/15.2-5424\/","token":"15.2\/IV\/54\/15.2-5424","metadata":false},{"id":348786,"structure_id":50003,"section_number":"15.2-5425","catch_line":"Eminent domain","url":"\/15.2-5425\/","token":"15.2\/IV\/54\/15.2-5425","metadata":false},{"id":348787,"structure_id":50003,"section_number":"15.2-5426","catch_line":"Annual reports","url":"\/15.2-5426\/","token":"15.2\/IV\/54\/15.2-5426","metadata":{"court_decisions":""}},{"id":348788,"structure_id":50003,"section_number":"15.2-5427","catch_line":"Liability of members or officers","url":"\/15.2-5427\/","token":"15.2\/IV\/54\/15.2-5427","metadata":false},{"id":348789,"structure_id":50003,"section_number":"15.2-5428","catch_line":"Dissolution of authority","url":"\/15.2-5428\/","token":"15.2\/IV\/54\/15.2-5428","metadata":false},{"id":348790,"structure_id":50003,"section_number":"15.2-5429","catch_line":"Legislative consent to application of laws of other states","url":"\/15.2-5429\/","token":"15.2\/IV\/54\/15.2-5429","metadata":false},{"id":348791,"structure_id":50003,"section_number":"15.2-5430","catch_line":"Provisions of chapter cumulative; construction","url":"\/15.2-5430\/","token":"15.2\/IV\/54\/15.2-5430","metadata":false},{"id":348832,"structure_id":50003,"section_number":"15.2-5431","catch_line":"Provisions of chapter controlling over other statutes and charters","url":"\/15.2-5431\/","token":"15.2\/IV\/54\/15.2-5431","metadata":false}],"previous_section":{"id":348767,"structure_id":50003,"section_number":"15.2-5409","catch_line":"Sale of capacity and output to nonmembers; limitations","url":"\/15.2-5409\/","token":"15.2\/IV\/54\/15.2-5409","metadata":false},"next_section":{"id":348770,"structure_id":50003,"section_number":"15.2-5411","catch_line":"Contracts for planning, acquisition, construction, etc., of projects","url":"\/15.2-5411\/","token":"15.2\/IV\/54\/15.2-5411","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-5410\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 416 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1997, chapter 587<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1386227,"object_type":"law","relational_id":348769,"identifier":"15.2-5410","token":"15.2\/IV\/54\/15.2-5410","url":"\/15.2-5410\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/15.2-5410\/","token":"15.2\/IV\/54\/15.2-5410","dublin_core":{"Title":"Contents of agreement as to joint ownership of project; designation of party to agreement as agent for construction, operation and maintenance of project; powers and duties of agent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-5410","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any agreement between an authority<\/span> and a unit<\/span> with respect to the joint ownership of a project<\/span> shall provide that each party<\/span> to the agreement shall own a percentage of the project<\/span> equal to the percentage of the money furnished or the value of property supplied by the respective parties for the acquisition and construction thereof and shall own and control a like percentage of the output thereof. The agreement shall further provide that an authority<\/span> shall be liable only for its own acts thereunder and that no moneys or other contributions supplied by an authority<\/span> shall be applied in any way to the account of any other party<\/span> to the agreement. Any such agreement may contain such terms, conditions, and provisions as the board of directors of an authority<\/span> shall deem to be in the best interest of such authority<\/span>.<\/p>

The agreement may include, but shall not be limited to, provisions for the construction, operation and maintenance of a project<\/span> by one of the parties thereto, which shall be designated in or pursuant to such agreement as agent on behalf of itself and the other parties, or by such other means as may be determined by the parties and provisions for a uniform method of determining, and allocating among the parties, costs of construction, operation, maintenance, renewals, replacements, and improvements with respect to such project<\/span>. In carrying out its functions and activities as such agent with respect to the construction, operation, and maintenance of such a project<\/span>, including without limitation the letting of contracts<\/span> therefor, the agent shall be governed by the laws<\/span> and regulations applicable to such agent as a separate legal entity and not by any laws<\/span> or regulations which may be applicable to any of the other parties. Notwithstanding the provisions of any other law<\/span> to the contrary, the authority<\/span> may delegate its powers and duties with respect to the construction, operation and maintenance of such project<\/span> to such agent, and all actions taken by the agent in accordance with the provisions of such agreement shall be binding upon each of the parties without further action or approval by their respective boards of directors or governing bodies. The agent shall be required to exercise all such powers and perform its duties and functions under the agreement in a manner consistent with prudent utility practice<\/span>.<\/p>

As used in this section, “prudent utility practice<\/span>” means any of the practices, methods, and acts at a particular time which, in the exercise of reasonable judgment<\/span> in the light of the facts<\/span>, including but not limited to the practices, methods, and acts engaged in or approved by a significant portion of the electrical utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTENTS OF AGREEMENT AS TO JOINT OWNERSHIP OF PROJECT; DESIGNATION OF PARTY TO\nAGREEMENT AS AGENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF PROJECT;\nPOWERS AND DUTIES OF AGENT (\u00a7 15.2-5410)\n\nAny agreement between an authority and a unit with respect to the joint\nownership of a project shall provide that each party to the agreement shall own\na percentage of the project equal to the percentage of the money furnished or\nthe value of property supplied by the respective parties for the acquisition and\nconstruction thereof and shall own and control a like percentage of the output\nthereof. The agreement shall further provide that an authority shall be liable\nonly for its own acts thereunder and that no moneys or other contributions\nsupplied by an authority shall be applied in any way to the account of any other\nparty to the agreement. Any such agreement may contain such terms, conditions,\nand provisions as the board of directors of an authority shall deem to be in the\nbest interest of such authority.\n\nThe agreement may include, but shall not be limited to, provisions for the\nconstruction, operation and maintenance of a project by one of the parties\nthereto, which shall be designated in or pursuant to such agreement as agent on\nbehalf of itself and the other parties, or by such other means as may be\ndetermined by the parties and provisions for a uniform method of determining,\nand allocating among the parties, costs of construction, operation, maintenance,\nrenewals, replacements, and improvements with respect to such project. In\ncarrying out its functions and activities as such agent with respect to the\nconstruction, operation, and maintenance of such a project, including without\nlimitation the letting of contracts therefor, the agent shall be governed by the\nlaws and regulations applicable to such agent as a separate legal entity and not\nby any laws or regulations which may be applicable to any of the other parties.\nNotwithstanding the provisions of any other law to the contrary, the authority\nmay delegate its powers and duties with respect to the construction, operation\nand maintenance of such project to such agent, and all actions taken by the\nagent in accordance with the provisions of such agreement shall be binding upon\neach of the parties without further action or approval by their respective\nboards of directors or governing bodies. The agent shall be required to exercise\nall such powers and perform its duties and functions under the agreement in a\nmanner consistent with prudent utility practice.\n\nAs used in this section, “prudent utility practice” means any of the\npractices, methods, and acts at a particular time which, in the exercise of\nreasonable judgment in the light of the facts, including but not limited to the\npractices, methods, and acts engaged in or approved by a significant portion of\nthe electrical utility industry prior thereto, known at the time the decision\nwas made, would have been expected to accomplish the desired result at the\nlowest reasonable cost consistent with reliability, safety and expedition.\n\nHISTORY: 1979, c. 416, \u00a7 15.1-1613; 1997, c. 587.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}