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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>355125</law_id><section_number>23.1-1229</section_number><catch_line>Powers and duties; rates, rents, fees and charges; sinking fund</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="62" identifier="23.1">Institutions of Higher Education; Other Educational and Cultural Institutions</unit><unit label="subtitle" level="2" order_by="3" identifier="III">Management and Financing</unit><unit label="chapter" level="3" order_by="3" identifier="12">Virginia College Building Authority</unit><unit label="article" level="4" order_by="2" identifier="2">Nonprofit Private Institutions of Higher Education; Projects</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> The <span class="dictionary">Authority</span> may fix, revise, charge, and collect rates, rents, fees, and charges for the use of and the services furnished by each <span class="dictionary">project</span> and <span class="dictionary">contract</span> with any person, partnership, association, corporation, or other public or private body to perform such acts. The aggregate of such rates, rents, fees, and charges shall be fixed and adjusted to provide funds that, when combined with other revenues, is sufficient to (i) pay the uncovered cost of maintaining, repairing, and operating each portion of the <span class="dictionary">project</span>; (ii) pay the principal of and the interest on outstanding <span class="dictionary">revenue bonds</span> of the <span class="dictionary">Authority</span> as such principal and interest becomes due and payable; and (iii) create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, such <span class="dictionary">revenue bonds</span> of the <span class="dictionary">Authority</span>. No such rate, rent, fee, or charge shall be subject to supervision or regulation by any department, commission, board, body, bureau, or agency of the Commonwealth other than the <span class="dictionary">Authority</span>. <a id="paragraph-1322419" class="section-permalink" href="https://vacode.org/23.1-1229/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The <span class="dictionary">Authority</span> shall set aside in a sinking fund or other similar fund a sufficient amount of the revenues derived from a <span class="dictionary">project</span>, except the part of such revenues that is necessary to pay the cost of maintenance, repair, and operation of the <span class="dictionary">project</span>, provide reserves, or make renewals, replacements, extensions, enlargements, and improvements as set forth in the resolution authorizing the issuance of any <span class="dictionary">revenue bonds</span> of the <span class="dictionary">Authority</span> or in the trust agreement securing such <span class="dictionary">revenue bonds</span>. The <span class="dictionary">Authority</span> shall pledge such sinking fund or other similar fund to pay the principal of and the interest on such <span class="dictionary">revenue bonds</span> as such principal and interest becomes due and the <span class="dictionary">redemption</span> or purchase price of bonds retired by call or purchase as provided in the resolution authorizing the issuance of any <span class="dictionary">revenue bonds</span> of the <span class="dictionary">Authority</span> or in the trust agreement securing such <span class="dictionary">revenue bonds</span>. Such pledge is valid and binding from the time when the pledge is made. The rates, rents, fees, and charges and other revenues or moneys so pledged and received by the <span class="dictionary">Authority</span> shall immediately be subject to the <span class="dictionary">lien</span> of such pledge without any physical delivery or further act. The <span class="dictionary">lien</span> of any such pledge is valid and binding against all parties having claims of any kind in <span class="dictionary">tort</span>, <span class="dictionary">contract</span>, or otherwise against the <span class="dictionary">Authority</span>, irrespective of whether such parties have notice of such <span class="dictionary">lien</span>. No resolution authorizing the issuance of any <span class="dictionary">revenue bonds</span> of the <span class="dictionary">Authority</span> or trust agreement by which a pledge is created need be filed or recorded except in the records of the <span class="dictionary">Authority</span>. The use and <span class="dictionary">disposition</span> of moneys to the credit of such sinking fund or other similar fund is subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Such sinking fund or other similar fund is a fund for all such <span class="dictionary">revenue bonds</span> issued to finance a <span class="dictionary">project</span> by a <span class="dictionary">participating institution</span>, without distinction or priority of one revenue <span class="dictionary">bond</span> over another, but the <span class="dictionary">Authority</span> may provide in any such resolution or trust agreement (i) that such sinking fund or other similar fund is the fund for a particular <span class="dictionary">project</span> by a <span class="dictionary">participating institution</span> and the <span class="dictionary">revenue bonds</span> issued to finance a particular <span class="dictionary">project</span> and (ii) for the issuance of <span class="dictionary">revenue bonds</span> having a subordinate <span class="dictionary">lien</span> to other <span class="dictionary">revenue bonds</span> of the <span class="dictionary">Authority</span> with respect to the security authorized and, in such case, the <span class="dictionary">Authority</span> may create separate or other similar funds with respect to such subordinate <span class="dictionary">lien</span> bonds. <a id="paragraph-1322420" class="section-permalink" href="https://vacode.org/23.1-1229/#B"><i class="fa fa-link"/></a></p></section></text><history>1972, c. 686, &#xA7; 23-30.50; 2016, cc. 532, 588, 658.</history><metadata></metadata></law>
