The governing body of a governmental unit may by ordinance, or the governing bodies of two or more governmental units may by concurrent ordinances or agreement authorized by ordinance of each of the respective governmental units, create an electric authority, under any appropriate name and title containing the words "electric authority." Upon compliance with the provisions of this section and §§ 15.2-5404 and 15.2-5405, the authority shall be a political subdivision of the Commonwealth and a body politic and corporate. Any such ordinance shall be adopted in accordance with applicable general or special laws or charter provisions providing for the adoption of ordinances of the particular governmental unit, and shall be published once a week for two successive weeks prior to adoption in a newspaper of general circulation within the governmental unit. The second publication shall not be sooner than one calendar week after the first publication.
No governmental unit shall participate as a member of such an authority unless and until such participation is authorized by a majority of the voters voting in a referendum held in the governmental unit on the question of whether or not the governmental unit should participate in the authority. The referendum shall be held as provided in §§ 24.2-682 and 24.2-684. The foregoing referendum requirement shall not apply to the Town of Elkton if the Town creates an authority by an ordinance that includes articles of incorporation which comply with the provisions of § 15.2-5404 and also set forth a statement that such authority shall have only the Town as its sole member throughout its life.
1979, c. 416, § 15.1-1606; 1997, c. 587; 2006, cc. 929, 941.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 54 - Electric Authorities Act
§ 15.2-5401. Intent of General Assembly
§ 15.2-5403. Creation of electric authority; referendum
§ 15.2-5404. Articles of incorporation
§ 15.2-5405.1. Applicability of personnel and procurement procedures to certain authorities
§ 15.2-5406. Rights, powers and duties of authority
§ 15.2-5406.1. Retail distribution of electric energy limited to certain authorities
§ 15.2-5406.2. Tort claims against certain authorities
§ 15.2-5407. Membership in more than one authority
§ 15.2-5409. Sale of capacity and output to nonmembers; limitations
§ 15.2-5411. Contracts for planning, acquisition, construction, etc., of projects
§ 15.2-5412. Issuance of bonds by authority
§ 15.2-5413. Interim receipts and temporary bonds; lost, stolen and destroyed bonds
§ 15.2-5414. Bonds not debts of Commonwealth or member governmental unit
§ 15.2-5415. Security for bonds; trust agreement; bond resolution
§ 15.2-5416. Rents, rates, fees and other charges
§ 15.2-5417. Moneys received deemed trust funds
§ 15.2-5418. Bondholders' and trustees' remedies
§ 15.2-5420. Status of bonds under Uniform Commercial Code
§ 15.2-5421. Bonds as legal investments and lawful security
§ 15.2-5422. Bonds exempt from taxation
§ 15.2-5423. Payments in lieu of property taxes; license tax
§ 15.2-5423.1. Exemption from taxation for certain authorities
§ 15.2-5424. Transfer, etc., of property of political subdivisions upon request of authority
§ 15.2-5427. Liability of members or officers
§ 15.2-5428. Dissolution of authority
§ 15.2-5429. Legislative consent to application of laws of other states
§ 15.2-5430. Provisions of chapter cumulative; construction
§ 15.2-5431. Provisions of chapter controlling over other statutes and charters