15.2-5702 - Creation of authorities.
§ 15.2-5702. Creation of authorities.
A. A locality may by ordinance or resolution, or two or more localities mayby concurrent ordinances or resolutions, signify their intention to create apark authority, under an appropriate name and title, containing the word"authority" which shall be a body politic and corporate.
Whenever an authority has been incorporated by two or more localities, anyone or more of the localities may withdraw therefrom, but no locality shallbe permitted to withdraw from any authority that has outstanding obligationsunless United States securities have been deposited for their payment orwithout unanimous consent of all holders of the outstanding obligations.
Other localities may join the authority as provided in the ordinances orresolutions.
B. Each ordinance or resolution shall include articles of incorporationsetting forth:
1. The name of the authority and the address of its principal office.
2. The name of each incorporating locality, together with the names,addresses and terms of office of the first members of the board of theauthority.
3. The purpose or purposes for which the authority is created.
C. Each participating locality shall cause to be published at least one timein a newspaper of general circulation in its locality, a copy of theordinance or resolution together with a notice stating that on a day certain,not less than ten days after publication of the notice, a public hearing willbe held on such ordinance or resolution. If at the hearing substantialopposition to the proposed park authority is heard, the members of theparticipating localities' governing bodies may in their discretion call for areferendum on the question of establishing such an authority. The request fora referendum shall be initiated by resolution of the governing body and filedwith the clerk of the circuit court for the locality. The court shall orderthe referendum as provided for in § 24.2-681 et seq. Where two or morelocalities are participating in the formation of an authority the referendum,if any be ordered, shall be held on the same date in all such localities soparticipating. In any event if ten percent of the registered voters in suchlocality file a petition with the governing body at the hearing calling for areferendum such governing body shall request a referendum as herein provided.
D. Having specified the initial plan of organization of the authority, andhaving initiated the program, the localities organizing such authority may,from time to time, by subsequent ordinance or resolution, after publichearing, and with or without referendum, specify further parks to be acquiredand maintained by the authority, and no other parks shall be acquired ormaintained by the authority than those so specified. However, if thegoverning bodies of the localities fail to specify any project or projects tobe undertaken, and if the governing bodies do not disapprove any project orprojects proposed by the authority, then the authority shall be deemed tohave all the powers granted by this chapter.
(Code 1950, § 15-714.3; 1950, p. 1244; 1952, c. 401; 1962, c. 623, §15.1-1230; 1975, c. 517; 1997, c. 587.)