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2018 SESSION
18104894DBe it enacted by the General Assembly of Virginia:
1. That § 15.2-6402 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-6402. Procedure for creation of authorities.
The governing bodies of any three two or more localities within
the region, provided that two or more of the localities
are cities or counties or a combination thereof one or more of the localities
is a city or county, 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 "industrial facility authority"); (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 and 12, 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'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) of this section.