                                 CODE OF VIRGINIA

PROCEDURE FOR CREATION OF DISTRICTS (§ 33.2-1903)

A. Any two or more counties or cities may, in conformance with the procedure set
forth in this section, or as otherwise may be provided by law, constitute a
transportation district and shall have and exercise the powers set forth in this
section and such additional powers as may be granted by the General Assembly. A
transportation district may be created by ordinance adopted by the governing
body of each participating county and city, which ordinances shall (i) set forth
the name of the proposed transportation district, which shall include the words
&#8220;transit district&#8221; or &#8220;transportation district,&#8221; (ii)
fix the boundaries thereof, (iii) name the counties and cities that are in whole
or in part to be embraced therein, and (iv) contain a finding that the orderly
growth and development of the county or city and the comfort, convenience, and
safety of its citizens require an improved transportation system, composed of
transit facilities, public highways, and other modes of transport, and that
joint action through a transportation district by the counties and cities that
are to compose the proposed transportation district will facilitate the planning
and development of the needed transportation system. Such ordinances shall be
filed with the Secretary of the Commonwealth and, upon certification by that
officer to the Tax Commissioner and the governing body of each of the
participating counties and cities that the ordinances required by this chapter
have been filed and, upon the basis of the facts set forth therein, satisfy such
requirements, the territory defined in such ordinances, upon the entry of such
certification in the minutes of the proceedings of the governing body of each of
the counties and cities, shall be and constitute a transportation district for
all of the purposes of this chapter, known and designated by the name stated in
the ordinances.

B. Notwithstanding the provisions of subsection A, any county or city may,
subject to the applicable provisions of this chapter, constitute itself a
transportation district in the event that no governing body of any contiguous
county or city wishes to combine for such purpose, provided that the governing
body of such single locality transportation district shall comply with the
provisions of subsection A by adopting an ordinance that (i) sets forth the name
of the proposed transportation district, which shall include the words
&#8220;transit district&#8221; or &#8220;transportation district&#8221;; (ii)
fixes, in such county or city, the boundaries thereof; (iii) names the county or
city that is in whole or in part to be embraced therein; and (iv) contains a
finding that the orderly growth and development of the county or city and the
comfort, convenience, and safety of its citizens require an improved
transportation district, composed of transit facilities, public highways, and
other modes of transport, and that joint action with contiguous counties and
cities has not been agreed to at this time, but that the formation of a
transportation district will facilitate the planning and development of the
needed transportation system, and shall file such ordinance in the manner and
mode required by subsection A. At such time as the governing body of any
contiguous county or city desires to combine with the original locality for the
formation of an enlarged transportation district, it shall enter into an
agreement with the commission of the original transportation district on such
terms and conditions, consistent with the provisions of this chapter, as may be
agreed upon by such commission and such additional county or city, and in
conformance with the following procedures. The governing body of the county or
city having jurisdiction over the territory to be added to the original
transportation district shall adopt an ordinance specifying the area to be
enlarged, containing the finding specified in clause (iv) of subsection A, and a
statement that a contract or agreement between the county or city and the
commission specifying the terms and conditions of admittance to the
transportation district has been executed. The ordinance, to which shall be
attached a certified copy of such contract, shall be filed with the Secretary of
the Commonwealth and, upon certification by that officer to the Tax
Commissioner, the commission, and the governing body of each of the component
counties and cities that the ordinance required by this section has been filed,
and that the terms thereof conform to the requirements of this section, such
additional county, or part thereof, or city, upon the entry of such
certification in the minutes of the proceedings of the governing body of such
county or city, shall become a component government of the transportation
district and the county, or portion thereof specified, or city shall be embraced
by the transportation district.

HISTORY: 1964, c. 631, § 15.1-1345; 1966, c. 419; 1972, c. 832; 1973, c. 324;
1997, c. 587, § 15.1-4504; 2006, c. 354; 2014, c. 805.