15.2-6402 - Procedure for creation of authorities.
§ 15.2-6402. Procedure for creation of authorities.
The governing bodies of any three or more localities within the region,provided that two or more of the localities are cities or counties or acombination thereof, may, in conformance with the procedure set forth herein,create a regional industrial facility authority by adopting ordinancesproposing to create an authority which shall (i) set forth the name of theproposed regional industrial facility authority (which shall include thewords "industrial facility authority"); (ii) name the member localities;(iii) contain findings that the economic growth and development of thelocality and the comfort, convenience and welfare of its citizens require thedevelopment of facilities and that joint action through a regional industrialfacility authority by the localities which are to be members of the proposedauthority will facilitate the development of the needed facilities; and (iv)authorize the execution of an agreement establishing the respective rightsand obligations of the member localities with respect to the authorityconsistent with the provisions of this chapter. However, with regard toPlanning Districts 2, 3, 10, 11 and 12, the governing bodies of any two ormore localities within the region, provided that one or more of thelocalities is a city or county, may adopt such an ordinance. Such ordinancesshall be filed with the Secretary of the Commonwealth. Upon certification bythe Secretary of the Commonwealth that the ordinances required by thischapter have been filed and, upon the basis of the facts set forth therein,satisfy such requirements, the proposed authority shall be and constitute anauthority for all of the purposes of this chapter, to be known and designatedby the name stated in the ordinances. Upon the issuance of such certificate,the authority shall be deemed to have been lawfully and properly created andestablished and authorized to exercise its powers under this chapter. Eachauthority created pursuant to this chapter is hereby created as a politicalsubdivision of the Commonwealth. At any time subsequent to the creation of anauthority under this chapter, the membership of the authority may, with theapproval of the authority's board, be expanded to include any locality withinthe region that would have been eligible to be an initial member of theauthority. The governing body of a locality seeking to become a member of anexisting authority shall evidence its intent to become a member by adoptingan ordinance proposing to join the authority that conforms, to the extentapplicable, to the requirements for an ordinance set forth in clauses (i),(iii), and (iv) of this section.
(1997, cc. 276, 587, § 15.1-1712; 1999, cc. 820, 882; 2000, c. 892; 2001, c.391; 2002, c. 691; 2006, c. 324.)