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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80008</law_id><section_number>15.2-5109</section_number><catch_line>Dissolution and termination of authority</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Other Governmental Entities</unit><unit label="chapter" level="3" order_by="1" identifier="51">Virginia Water and Waste Authorities Act</unit><unit label="article" level="4" order_by="1" identifier="2">Creation and Dissolution of Authorities</unit></structure><text>
						<section><p>Whenever the board of an <span class="dictionary">authority</span> determines that the purposes for which it was created have been completed or are impractical or impossible or that its functions have been taken over by one or more <span class="dictionary">political subdivisions</span> and that all its obligations have been paid or have been assumed by one or more of such <span class="dictionary">political subdivisions</span> or any <span class="dictionary">authority</span> created thereby or that cash or United States government securities have been deposited for their payment, it shall adopt and file with the <span class="dictionary">governing body</span> of each <span class="dictionary">political subdivision</span> which is a member of the <span class="dictionary">authority</span> a resolution declaring such <span class="dictionary">facts</span>. If all the governing bodies adopt resolutions concurring in such declaration and <span class="dictionary">finding</span> that the <span class="dictionary">authority</span> should be dissolved, they shall file appropriate articles of dissolution with the State Corporation Commission. When the affairs of the <span class="dictionary">authority</span> have been wound up and all of its <span class="dictionary">assets</span> have been distributed, the governing bodies shall file appropriate articles of termination of corporate existence with the State Corporation Commission.
		If any of the governing bodies <span class="dictionary">refuse</span> to adopt resolutions concurring in such declaration, then the <span class="dictionary">authority</span> may <span class="dictionary">petition</span> the <span class="dictionary">circuit</span> <span class="dictionary">court</span> for any <span class="dictionary">locality</span> which is a member of the <span class="dictionary">authority</span> to <span class="dictionary">order</span> one or more of such governing bodies to create a new <span class="dictionary">authority</span>. The <span class="dictionary">circuit</span> <span class="dictionary">court</span> may <span class="dictionary">order</span> the <span class="dictionary">governing body</span> of the <span class="dictionary">political subdivision</span> requesting dissolution of the existing <span class="dictionary">authority</span> to adopt an <span class="dictionary">ordinance</span> establishing a new <span class="dictionary">authority</span> to which the provisions of &#xA7;&#xA7;&#xA0;<a class="law" title="One or more localities may create authority" href="/15.2-5102/">15.2-5102</a> through <a class="law" title="Voters' petition requesting agreement and referendum" href="/15.2-5106/">15.2-5106</a> shall not apply. Thereafter, the <span class="dictionary">court</span> may <span class="dictionary">order</span> that the <span class="dictionary">assets</span> be divided among the authorities and, subject to the approval of any debt holder, require the assumption of a proportionate share of the obligations of the existing <span class="dictionary">authority</span> by the new <span class="dictionary">authority</span>.
		Notwithstanding the provisions of subdivision 1 of &#xA7;&#xA0;<a class="law" title="Powers of authority" href="/15.2-5114/">15.2-5114</a>, an <span class="dictionary">authority</span> shall continue in existence and shall not be dissolved because the term for which it was created, including any extensions thereof, has expired, unless all of such <span class="dictionary">authority</span>&#x2019;s functions have been taken over and its obligations have been paid or have been assumed by one or more <span class="dictionary">political subdivisions</span> or by an <span class="dictionary">authority</span> created thereby, or cash or United States government securities have been deposited for their payment.</p></section></text><history>1970, c. 617, &#xA7; 15.1-1269.1; 1982, c. 662; 1997, c. 587; 2009, c. 216.</history><metadata></metadata></law>
