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's operational or financial condition. Such certification shall not be unreasonably withheld by the existing authority.
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.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 51 - Virginia Water and Waste Authorities Act
§ 15.2-5102. One or more localities may create authority
§ 15.2-5104. Advertisement of ordinance, agreement or resolution and notice of hearing
§ 15.2-5105. Hearing; referendum
§ 15.2-5106. Voters' petition requesting agreement and referendum
§ 15.2-5107. Filing articles of incorporation
§ 15.2-5108. Issuance of certificate or charter
§ 15.2-5109. Dissolution and termination of authority
§ 15.2-5110. Amendment of articles of incorporation
§ 15.2-5111. Specification of projects
§ 15.2-5112. Joinder of another locality or authority; withdrawal from authority
§ 15.2-5113. Members of authority board; chief administrative or executive officer
§ 15.2-5114. Powers of authority
§ 15.2-5115. Same; contracts relating to use of systems
§ 15.2-5116. Same; effect of annexation
§ 15.2-5117. Same; insurance for employees
§ 15.2-5118. Powers of Authority; streetlights in King George County
§ 15.2-5119. Power to provide and operate electric energy systems
§ 15.2-5120. Powers of authority in certain counties and cities
§ 15.2-5121. Operation of refuse collection systems; displacement of private companies
§ 15.2-5122. Approval for certain water supply impoundment facilities
§ 15.2-5123. Sewage treatment plants to include certain capability
§ 15.2-5125. Issuance of revenue bonds
§ 15.2-5126. Time for contesting validity of proposed bond issue; when bonds presumed valid
§ 15.2-5127. Proceeds of bonds
§ 15.2-5128. Interim receipts and temporary bonds; bonds mutilated, lost or destroyed
§ 15.2-5129. Provisions of chapter only requirements for issue
§ 15.2-5130. Limitations in bond resolution or trust agreement
§ 15.2-5131. Bonds not debts of Commonwealth or participating political subdivision
§ 15.2-5132. Exemption from taxation
§ 15.2-5133. Trust agreement; bond resolution
§ 15.2-5134. Disposition of unclaimed funds due on matured bonds or coupons
§ 15.2-5135. Contracts concerning interest rates, currency, cash flow and other basis
§ 15.2-5136. Rates and charges
§ 15.2-5137. Water and sewer connections; exceptions
§ 15.2-5138. Enforcement of charges
§ 15.2-5138.1. Enforcement of certain charges when authority does not provide water services
§ 15.2-5141. Bondholder's remedies
§ 15.2-5143. Purchase in open market or otherwise
§ 15.2-5144. Investment in bonds
§ 15.2-5145. Financial report; authority budget; audit
§ 15.2-5146. Use of state land
§ 15.2-5148. Units may convey property
§ 15.2-5149. Interference with railroad structures
§ 15.2-5150. Creating or joining more than one authority
§ 15.2-5151. Water utilities may act as billing agents
§ 15.2-5152. Localities may consider petitions for creation of authority
§ 15.2-5153. Landowners may petition localities
§ 15.2-5154. Contents of petition
§ 15.2-5155. Ordinance or resolution creating authority
§ 15.2-5157. Recording in land records
§ 15.2-5158. Additional powers of community development authorities
§ 15.2-5159. Validation of creation of authorities; bonds issued