                                 CODE OF VIRGINIA

ORDINANCE OR RESOLUTION CREATING AUTHORITY (§ 15.2-5155)

A. Any locality authorized to consider petitions under this article may, by
ordinance or resolution not inconsistent with the petition proposing the
creation of the authority, create a community development authority, a public
body politic and corporate and political subdivision of the Commonwealth.
Community development authorities proposed for districts that are within any two
or more localities may be formed by concurrent ordinances of each locality, and
such localities may contract with one another for administration of the
authority. If the boundaries of the proposed community development authority
district are located wholly in a town, the owner or owners shall petition the
town and need not petition the county and the town may create the authority
without action by the county. If the petition for the creation of a community
development authority so provides, the ordinance or resolution creating the
community development authority may provide for the locality at any time after
the creation of the community development authority to adjust the boundaries of
the community development authority district to exclude certain land as long as
the owners of at least 51 percent of the land area or assessed value of land
remaining in the community development authority district after the adjustment
petitioned for the creation of the community development authority.

B. An ordinance or resolution creating a community development authority shall
not permit the community development authority to provide services which are
provided by, or are obligated to be provided by, any authority already in
existence whose charter requires or permits service within the proposed
community development district, unless the existing authority first certifies to
the governing body that the services provided by the proposed community
development authority will not have a negative impact upon the existing
authority&#8217;s operational or financial condition. Such certification shall
not be unreasonably withheld by the existing authority.

HISTORY: Code 1950, § 15-764.3; 1950, p. 1315; 1962, c. 623, § 15.1-1241;
1972, c. 370; 1973, c. 478; 1993, c. 850; 1995, c. 402; 1996, c. 897; 1997, c.
587; 2003, c. 712; 2009, c. 473.