State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-51 > 15-2-5155

§ 15.2-5155. Ordinance or resolution creating authority.

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

B. An ordinance or resolution creating a community development authorityshall not permit the community development authority to provide serviceswhich are provided by, or are obligated to be provided by, any authorityalready in existence whose charter requires or permits service within theproposed community development district, unless the existing authority firstcertifies to the governing body that the services provided by the proposedcommunity development authority will not have a negative impact upon theexisting authority's operational or financial condition. Such certificationshall 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.)

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-51 > 15-2-5155

§ 15.2-5155. Ordinance or resolution creating authority.

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

B. An ordinance or resolution creating a community development authorityshall not permit the community development authority to provide serviceswhich are provided by, or are obligated to be provided by, any authorityalready in existence whose charter requires or permits service within theproposed community development district, unless the existing authority firstcertifies to the governing body that the services provided by the proposedcommunity development authority will not have a negative impact upon theexisting authority's operational or financial condition. Such certificationshall 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.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-51 > 15-2-5155

§ 15.2-5155. Ordinance or resolution creating authority.

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

B. An ordinance or resolution creating a community development authorityshall not permit the community development authority to provide serviceswhich are provided by, or are obligated to be provided by, any authorityalready in existence whose charter requires or permits service within theproposed community development district, unless the existing authority firstcertifies to the governing body that the services provided by the proposedcommunity development authority will not have a negative impact upon theexisting authority's operational or financial condition. Such certificationshall 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.)