                                 CODE OF VIRGINIA

JOINDER OF ANOTHER LOCALITY OR AUTHORITY; WITHDRAWAL FROM AUTHORITY (§
15.2-5112)

A. Any locality may become a member of any existing authority, and any locality
that is a member of an existing authority may withdraw therefrom upon unanimous
consent of the remaining members of the authority in accordance with this
section. However, no locality may withdraw from any authority that has
outstanding bonds without the unanimous consent of all the holders of such bonds
unless all such bonds have been paid or cashed or United States government
obligations have been deposited for their payment.

B. The governing body of any locality wishing to withdraw from an existing
authority shall signify its desire by resolution or ordinance.

C. The governing body of any locality wishing to become a member of an existing
authority and the governing bodies of the political subdivisions then members of
the authority shall by concurrent resolutions or ordinances or by agreement
provide for the joinder of such locality. The resolutions, ordinances, or
agreement creating the expanded authority shall specify the number and terms of
office of members of the board of the expanded authority which are to be
appointed by each of the participating political subdivisions, 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 authority shall terminate and the appointments made in the resolutions,
ordinances, or agreement creating the expanded authority shall become effective.

D. If the authority by resolution expresses its consent to withdrawal or joinder
of a locality, the governing body of such locality and the governing bodies of
the political subdivisions then members of the authority shall advertise the
ordinance, resolution, or agreement and hold a public hearing in accordance with
&#xA7; 15.2-5104.
			Upon adoption or approval of the ordinance, resolution, or agreement, the
governing body seeking to withdraw or join the authority shall file either an
application to withdraw from or an application to become a member of the
authority, 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, ordinances, or agreement described in subsection C. Joinder and
withdrawal applications shall be executed by the proper officers of the
withdrawing or incoming locality under its official seal, and shall be joined in
by the proper officers of the governing board of the authority, and in the case
of a locality seeking to become a member of the authority also by the proper
officers of each of the political subdivisions that are then members of the
authority, pursuant to resolutions by the governing bodies of such political
subdivisions.

E. If the State Corporation Commission finds that the application conforms to
law, it shall approve the application. When all proper fees and charges have
been paid, it shall file the approved application and issue 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.

F. Any authority may join an existing authority if the joinder is approved by
concurrent ordinances or resolutions of the localities which created the joining
authority, notwithstanding any contrary provisions of &#xA7; 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 existing authority, such
concurrent ordinances or resolutions shall not be necessary. The provisions of
this section pertaining to a locality becoming a member or withdrawing from an
authority shall also apply, mutatis mutandis, to an authority becoming a member
or withdrawing.

HISTORY: 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; 2021, Sp. Sess. I, c. 487.