<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79459</law_id><section_number>15.2-5112</section_number><catch_line>Joinder of another locality or authority; withdrawal from 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="3">Functions of Authorities</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Any <span class="dictionary">locality</span> may become a member of any existing <span class="dictionary">authority</span>, and any <span class="dictionary">locality</span> that is a member of an existing <span class="dictionary">authority</span> may withdraw therefrom upon unanimous consent of the remaining members of the <span class="dictionary">authority</span> in accordance with this section. However, no <span class="dictionary">locality</span> may withdraw from any <span class="dictionary">authority</span> that has outstanding <span class="dictionary">bonds</span> without the unanimous consent of all the holders of such <span class="dictionary">bonds</span> unless all such <span class="dictionary">bonds</span> have been paid or cashed or United States government obligations have been deposited for their payment. <a id="paragraph-284645" class="section-permalink" href="https://vacode.org/15.2-5112/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The <span class="dictionary">governing body</span> of any <span class="dictionary">locality</span> wishing to withdraw from an existing <span class="dictionary">authority</span> shall signify its desire by resolution or <span class="dictionary">ordinance</span>. <a id="paragraph-284646" class="section-permalink" href="https://vacode.org/15.2-5112/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> The <span class="dictionary">governing body</span> of any <span class="dictionary">locality</span> wishing to become a member of an existing <span class="dictionary">authority</span> and the governing bodies of the <span class="dictionary">political subdivisions</span> then members of the <span class="dictionary">authority</span> shall by concurrent resolutions or <span class="dictionary">ordinances</span> or by agreement provide for the joinder of such <span class="dictionary">locality</span>. The resolutions, <span class="dictionary">ordinances</span>, or agreement creating the expanded <span class="dictionary">authority</span> shall specify the number and terms of office of members of the board of the expanded <span class="dictionary">authority</span> which are to be appointed by each of the participating <span class="dictionary">political subdivisions</span>, and the names, addresses, and terms of office of initial appointments to board membership. Upon the date of issuance of the certificate by the State Corporation Commission as provided in this section, the terms of office of the board members of the existing <span class="dictionary">authority</span> shall terminate and the appointments made in the resolutions, <span class="dictionary">ordinances</span>, or agreement creating the expanded <span class="dictionary">authority</span> shall become effective. <a id="paragraph-284647" class="section-permalink" href="https://vacode.org/15.2-5112/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> If the <span class="dictionary">authority</span> by resolution expresses its consent to withdrawal or joinder of a <span class="dictionary">locality</span>, the <span class="dictionary">governing body</span> of such <span class="dictionary">locality</span> and the governing bodies of the <span class="dictionary">political subdivisions</span> then members of the <span class="dictionary">authority</span> shall advertise the <span class="dictionary">ordinance</span>, resolution, or agreement and hold a public <span class="dictionary">hearing</span> in accordance with &#xA7; <a class="law" title="Advertisement of ordinance, agreement or resolution and notice of hearing" href="/15.2-5104/">15.2-5104</a>.
			Upon adoption or approval of the <span class="dictionary">ordinance</span>, resolution, or agreement, the <span class="dictionary">governing body</span> seeking to withdraw or join the <span class="dictionary">authority</span> shall file either an application to withdraw from or an application to become a member of the <span class="dictionary">authority</span>, whichever applies, with the State Corporation Commission. A joinder application shall set forth all of the information required in the case of original incorporation and shall be accompanied by certified copies of the resolutions, <span class="dictionary">ordinances</span>, or agreement described in subsection C. Joinder and withdrawal applications shall be executed by the proper officers of the withdrawing or incoming <span class="dictionary">locality</span> under its official seal, and shall be joined in by the proper officers of the governing board of the <span class="dictionary">authority</span>, and in the case of a <span class="dictionary">locality</span> seeking to become a member of the <span class="dictionary">authority</span> also by the proper officers of each of the <span class="dictionary">political subdivisions</span> that are then members of the <span class="dictionary">authority</span>, pursuant to resolutions by the governing bodies of such <span class="dictionary">political subdivisions</span>. <a id="paragraph-284648" class="section-permalink" href="https://vacode.org/15.2-5112/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> If the State Corporation Commission finds that the application conforms to <span class="dictionary">law</span>, it shall approve the application. When all proper fees and charges have been paid, it shall file the approved application and <span class="dictionary">issue</span> to the applicant a certificate of withdrawal or a certificate of joinder, whichever applies, attached to a copy of the approved application. The withdrawal or joinder shall become effective upon the issuing of such certificate. <a id="paragraph-284649" class="section-permalink" href="https://vacode.org/15.2-5112/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> Any <span class="dictionary">authority</span> may join an existing <span class="dictionary">authority</span> if the joinder is approved by concurrent <span class="dictionary">ordinances</span> or resolutions of the localities which created the joining <span class="dictionary">authority</span>, notwithstanding any contrary provisions of &#xA7; <a class="law" title="Creating or joining more than one authority" href="/15.2-5150/">15.2-5150</a>. However, if the localities, at the time of the creation of an <span class="dictionary">authority</span>, state that the <span class="dictionary">authority</span> is created with the intention of joining an existing <span class="dictionary">authority</span>, such concurrent <span class="dictionary">ordinances</span> or resolutions shall not be necessary. The provisions of this section pertaining to a <span class="dictionary">locality</span> becoming a member or withdrawing from an <span class="dictionary">authority</span> shall also apply, <span class="dictionary">mutatis mutandis</span>, to an <span class="dictionary">authority</span> becoming a member or withdrawing. <a id="paragraph-284650" class="section-permalink" href="https://vacode.org/15.2-5112/#F"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 15-764.10; 1950, p. 1316; 1960, c. 313; 1962, c. 623, &#xA7; 15.1-1248; 1968, c. 355; 1973, c. 478; 1993, cc. 670, 690; 1995, cc. 414, 415, 634; 1997, c. 587; 2021, Sp. Sess. I, c. 487.</history><metadata></metadata></law>
