Terms Used In Virginia Code > Title 2.2 > Subtitle I > Part D > Chapter 22 > Article 10 - Fort Monroe Authority Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Area of Operation: means land owned by the Commonwealth at Fort Monroe. See Virginia Code 2.2-2337
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means the Fort Monroe Authority. See Virginia Code 2.2-2337
• Average manufacturing wage: means that amount determined by the Virginia Employment Commission to be the average wage paid manufacturing workers in a locality or region of the Commonwealth. See Virginia Code 2.2-5100
• Basic employment: means employment that brings new or additional income into Virginia and adds to the gross state product. See Virginia Code 2.2-5100
• Basic employment: means employment in an industry sector or function that directly or indirectly derives more than 50 percent of its revenue from out-of-state sources. See Virginia Code 2.2-5105
• Bequest: Property gifted by will.
• Board: means the Board of Trustees created in § 2. See Virginia Code 2.2-2337
• Board: means the Virginia Growth and Opportunity Board as may be established under law. See Virginia Code 2.2-5105
• Bonds: means any bonds, notes, interim certificates, debentures, or other obligations issued by the Authority pursuant to this article. See Virginia Code 2.2-2337
• Capital investment: means an investment in real property, personal property, or both, at a manufacturing or basic nonmanufacturing facility within the Commonwealth that is capitalized by the company and that increases the productivity of the manufacturing facility, results in the creation, development or utilization of a more advanced technology than is in use immediately prior to such investment, or both. See Virginia Code 2.2-5100
• Capital investment: means an investment in real property or tangible personal property, or both, by an eligible company within the Commonwealth. See Virginia Code 2.2-5105
• Certified company: means a Virginia employer that has been certified by the Partnership to have (i) created or caused to be created at least 200 net new basic employment jobs in the Commonwealth that are located in the participating localities with average salaries at least equal to the average wage in the participating localities and (ii) made a capital investment of at least $25 million in the participating localities. See Virginia Code 2.2-5105
• City: means the City of Hampton, Virginia, a municipal corporation of the Commonwealth of Virginia. See Virginia Code 2.2-2337
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Collaborative economic development plan: means an agreement among two or more localities that identifies commitments made by each locality to implement a collaborative approach to economic development, whether the collaboration relates to general economic development and diversification efforts by the participating localities or relates to specific economic development needs, including infrastructure and workforce training, of a company. See Virginia Code 2.2-5105
• Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the State Executive Council for Children's Services created pursuant to § 2. See Virginia Code 2.2-5200
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Design Standards: means the standards developed as a requirement of the Programmatic Agreement and referred to in that document as the "Historic Preservation Manual and Design Standards" which govern the restoration, rehabilitation, and renovation of the contributing elements to the Fort Monroe National Historic Landmark District and new construction, additions, and reconstruction of buildings so they are compatible with the overall character of the District, as they may be adopted or amended from time to time. See Virginia Code 2.2-2337
• Devise: To gift property by will.
• Eligible company: means , for companies located in a Metropolitan Statistical Area with a population of 300,000 or more in the most recently preceding decennial census, a Virginia employer that:

  a. See Virginia Code 2.2-5100

• Eligible manufacturer or research and development service: means an existing Virginia manufacturer or research and development service that makes a capital investment of at least $25 million that is announced on or after June 1, 1998, which investment does not result in any net reduction in employment within one year after the capital investment has been completed and verified. See Virginia Code 2.2-5100
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means a particular building or structure or particular buildings or structures, including all equipment, appurtenances, and accessories necessary or appropriate for the operation of such facility. See Virginia Code 2.2-2337
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Flawed product: means an irregular unit of goods that cannot be sold to an end user. See Virginia Code 2.2-5100
• Food establishment: means those operations subject to regulation by the Virginia Department of Health as food establishments under the authority granted by § 35. See Virginia Code 3.2-5508
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means the Virginia Investment Partnership Grant Fund created pursuant to § 2. See Virginia Code 2.2-5100
• Fund: means the Virginia Collaborative Economic Development Performance Grant Fund created pursuant to § 2. See Virginia Code 2.2-5105
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Major eligible employer: means an existing Virginia manufacturer or any other nonmanufacturing basic employer that makes a capital investment of at least $100 million and creates at least 1,000 jobs, or corporate headquarters and other basic employers that make a capital investment of at least $100 million and create at least 400 jobs paying at least twice the prevailing average wage for the area. See Virginia Code 2.2-5100
• Manufacturer: means a business firm owning or operating a manufacturing establishment as defined in the Standard Industrial Classification Manual issued by the U. See Virginia Code 2.2-5100
• Master Plan: means the plan that identifies the long-term vision for the reuse of the Area of Operation, key implementation projects, and a detailed implementation strategy for attracting new uses and investment to the Area of Operation as approved by the Authority and produced in accordance with the public participation plan as adopted by the Authority. See Virginia Code 2.2-2337
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• New job: means employment of an indefinite duration at the eligible facility, created as the direct result of the capital investment, for which the standard fringe benefits are provided by the firm for the employee, requiring a minimum of either (i) 35 hours of an employee's time a week for the entire normal year of the firm's operations, which "normal year" shall consist of at least 48 weeks, or (ii) 1,680 hours per year. See Virginia Code 2.2-5105
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Participating localities: means two or more localities that participate in a collaborative economic development plan. See Virginia Code 2.2-5105
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Partnership: means the Virginia Economic Development Partnership. See Virginia Code 2.2-5100
• Partnership: means the Virginia Economic Development Partnership Authority. See Virginia Code 2.2-5105
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal property: All property that is not real property.
• Prevailing Average Wage: means that amount determined by the Virginia Employment Commission to be the average wage paid workers in the city or county of the Commonwealth where the eligible company is located. See Virginia Code 2.2-5100
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Productivity: means the number of hours of labor required to produce a unit of goods. See Virginia Code 2.2-5100
• Programmatic Agreement: means that certain agreement, as it may be amended from time to time, entered into among the U. See Virginia Code 2.2-2337
• Project: means any specific enterprise undertaken by the Authority, including the facilities as defined in this article, and all other property, real or personal, or any interest therein, necessary or appropriate for the operation of such property. See Virginia Code 2.2-2337
• Quorum: The number of legislators that must be present to do business.
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens. See Virginia Code 2.2-2337
• Registrant: means any person who has registered with the Department as a transporter of waste kitchen grease. See Virginia Code 3.2-5508
• Renderer: means any person who commercially cooks carcasses, or parts or products of carcasses, of cattle, swine, poultry, and other animals and other waste animal by-products and waste kitchen grease into usable products. See Virginia Code 3.2-5508
• Research and development service: means a business firm owning or operating an establishment engaged in conducting research and experimental development that supports manufacturing in the physical, engineering and life sciences as defined in the North American Industry Classification System Manual issued by the United States Census Bureau. See Virginia Code 2.2-5100
• Reuse Plan: means the document created by the Fort Monroe Federal Area Development Authority and adopted as an official operating document on August 20, 2008, as it may be amended from time to time. See Virginia Code 2.2-2337
• Secretary: means the Secretary of Commerce and Trade. See Virginia Code 2.2-5100
• Secretary: means the Secretary of Commerce and Trade. See Virginia Code 2.2-5105
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• state: means the Commonwealth of Virginia or any of its agencies or departments. See Virginia Code 2.2-2200
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• State Memorandum of Understanding: means an agreement between the Authority, the Secretary of Administration, the State Historic Preservation Officer, and the Governor, on behalf of all state agencies, to protect Fort Monroe and its historic, cultural, and natural assets by carefully implementing the plans, stipulations, requirements, and obligations under the Programmatic Agreement for nonfederal lands following the transfer of properties from the United States Army to the Commonwealth. See Virginia Code 2.2-2337
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• transportation: means the movement of waste kitchen grease in a motor vehicle on public roads. See Virginia Code 3.2-5508
• Trap grease: means waste kitchen grease that is removed from a grease trap and is principally derived from food preparation and processing. See Virginia Code 3.2-5508
• Trustees: means the members of the Board of Trustees of the Authority. See Virginia Code 2.2-2337
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Usable products: means a product resulting from the processing of waste kitchen grease and shall include biofuels, lubricants, and animal feed, provided that such animal feed uses are allowed by the U. See Virginia Code 3.2-5508
• Waste kitchen grease: means animal fats or vegetable oils that have been used, and will not be reused, for cooking in a food establishment, including trap grease. See Virginia Code 3.2-5508