15.2-5112 - Joinder of another locality or authority; withdrawal from authority.
§ 15.2-5112. Joinder of another locality or authority; withdrawal fromauthority.
A. Any locality may become a member of any existing authority, and anylocality which is a member of an existing authority may withdraw therefromupon unanimous consent of the remaining members of the authority inaccordance with this section. However, no locality may withdraw from anyauthority that has outstanding bonds without the unanimous consent of all theholders of such bonds unless all such bonds have been paid or cashed orUnited States government obligations have been deposited for their payment.
B. The governing body of any locality wishing to withdraw from an existingauthority shall signify its desire by resolution or ordinance.
C. The governing body of any locality wishing to become a member of anexisting authority and the governing bodies of the political subdivisionsthen members of the authority shall by concurrent resolutions or ordinancesor by agreement provide for the joinder of such locality. The resolutions,ordinances or agreement creating the expanded authority shall specify thenumber and terms of office of members of the board of the expanded authoritywhich are to be appointed by each of the participating politicalsubdivisions, and the names, addresses and terms of office of initialappointments to board membership. Upon the date of issuance of thecertificate by the State Corporation Commission as provided in this section,the terms of office of the board members of the existing authority shallterminate and the appointments made in the resolutions, ordinances oragreement creating the expanded authority shall become effective.
D. If the authority by resolution expresses its consent to withdrawal orjoinder of a locality, the governing body of such locality and the governingbodies of the political subdivisions then members of the authority shalladvertise the ordinance, resolution or agreement and hold a public hearing inaccordance with § 15.2-5104.
Upon adoption or approval of the ordinance, resolution or agreement, thegoverning body seeking to withdraw or join the authority shall file either anapplication to withdraw from or an application to become a member of theauthority, whichever applies, with the State Corporation Commission. Ajoinder application shall set forth all of the information required in thecase of original incorporation and shall be accompanied by certified copiesof the resolutions, ordinances or agreement described in subsection B.Joinder and withdrawal applications shall be executed by the proper officersof the withdrawing or incoming locality under its official seal, and shall bejoined in by the proper officers of the governing board of the authority, andin the case of a locality seeking to become a member of the authority also bythe proper officers of each of the political subdivisions that are thenmembers of the authority, pursuant to resolutions by the governing bodies ofsuch political subdivisions.
E. If the State Corporation Commission finds that the application conforms tolaw it shall approve the application. When all proper fees and charges havebeen paid, it shall file the approved application and issue to the applicanta certificate of withdrawal or a certificate of joinder, whichever applies,attached to a copy of the approved application. The withdrawal or joindershall become effective upon the issuing of such certificate.
F. Any authority may join an existing authority if the joinder is approved byconcurrent ordinances or resolutions of the localities which created thejoining authority, notwithstanding any contrary provisions of § 15.2-5150.However, if the localities, at the time of the creation of an authority,state that the authority is created with the intention of joining an existingauthority, such concurrent ordinances or resolutions shall not be necessary.The provisions of this section pertaining to a locality becoming a member orwithdrawing from an authority shall also apply, mutatis mutandis, to anauthority becoming a member or withdrawing.
(Code 1950, § 15-764.10; 1950, p. 1316; 1960, c. 313; 1962, c. 623, §15.1-1248; 1968, c. 355; 1973, c. 478; 1993, cc. 670, 690; 1995, cc. 414,415, 634; 1997, c. 587.)