                                 CODE OF VIRGINIA

PROCEDURE FOR CREATION OF AUTHORITIES (§ 15.2-6402)

The governing bodies of any two or more localities within the region, provided
that at least two or more of the localities are cities or counties or a
combination thereof, may, in conformance with the procedure set forth herein,
create a regional industrial facility authority by adopting ordinances proposing
to create an authority which shall (i) set forth the name of the proposed
regional industrial facility authority (which shall include the words
&#8220;industrial facility authority&#8221;); (ii) name the member localities;
(iii) contain findings that the economic growth and development of the locality
and the comfort, convenience and welfare of its citizens require the development
of facilities and that joint action through a regional industrial facility
authority by the localities which are to be members of the proposed authority
will facilitate the development of the needed facilities; and (iv) authorize the
execution of an agreement establishing the respective rights and obligations of
the member localities with respect to the authority consistent with the
provisions of this chapter. However, with regard to Planning Districts 2, 3, 10,
11, 12, 13, and 14, the governing bodies of any two or more localities within
the region, provided that one or more of the localities is a city or county, may
adopt such an ordinance. Such ordinances shall be filed with the Secretary of
the Commonwealth. Upon certification by the Secretary of the Commonwealth that
the ordinances required by this chapter have been filed and, upon the basis of
the facts set forth therein, satisfy such requirements, the proposed authority
shall be and constitute an authority for all of the purposes of this chapter, to
be known and designated by the name stated in the ordinances. Upon the issuance
of such certificate, the authority shall be deemed to have been lawfully and
properly created and established and authorized to exercise its powers under
this chapter. Each authority created pursuant to this chapter is hereby created
as a political subdivision of the Commonwealth. At any time subsequent to the
creation of an authority under this chapter, the membership of the authority
may, with the approval of the authority&#8217;s board, be expanded to include
any locality within the region that would have been eligible to be an initial
member of the authority. The governing body of a locality seeking to become a
member of an existing authority shall evidence its intent to become a member by
adopting an ordinance proposing to join the authority that conforms, to the
extent applicable, to the requirements for an ordinance set forth in clauses
(i), (iii), and (iv).

HISTORY: 1997, cc. 276, 587, § 15.1-1712; 1999, cc. 820, 882; 2000, c. 892;
2001, c. 391; 2002, c. 691; 2006, c. 324; 2018, c. 545; 2024, c. 167.