15.2-4504 - Procedure for creation of districts; single jurisdictional districts; application of chapter to port authorities and airport commissions.
§ 15.2-4504. Procedure for creation of districts; single jurisdictionaldistricts; application of chapter to port authorities and airport commissions.
(1) Any two or more counties or cities, or combinations thereof, may, inconformance with the procedure set forth herein, or as otherwise may beprovided by law, constitute a transportation district and shall have andexercise the powers set forth herein and such additional powers as may begranted by the General Assembly. A transportation district may be created byordinance adopted by the governing body of each participating county andcity, which ordinances shall (1) set forth the name of the proposedtransportation district (which shall include the words "transit district"or "transportation district"), (2) shall fix the boundaries thereof, (3)shall name the counties and cities which are in whole or in part to beembraced therein, and (4) contain a finding that the orderly growth anddevelopment of the county or city and the comfort, convenience and safety ofits citizens require an improved transportation system, composed of transitfacilities, public highways and other modes of transport, and that jointaction through a transportation district by the counties and cities which areto compose the proposed transportation district will facilitate the planningand development of the needed transportation system. Such ordinances shall befiled with the Secretary of the Commonwealth and upon certification by thatofficer to the Tax Commissioner and the governing bodies of each of theparticipating counties and cities that the ordinances required by thischapter have been filed and, upon the basis of the facts set forth therein,satisfy such requirements, the territory defined in such ordinances, upon theentry of such certification in the minutes of the proceedings of thegoverning bodies of each of the counties and cities, shall be and constitutea transportation district for all of the purposes of this chapter, known anddesignated by the name stated in the ordinances.
(2) Notwithstanding the provisions of subsection (1), any county or city may,subject to the applicable provisions of this chapter, constitute itself atransportation district in the event that no governing body of any contiguouscounty or city wishes to combine for such purpose, provided that thegoverning body of such single jurisdictional transportation district shallcomply with the provisions of subsection (1) by adopting an ordinance whichshall (1) set forth the name of the proposed transportation district whichshall include the words "transit district" or "transportation district,"(2) shall fix, in such county or city, the boundaries thereof, (3) shall namethe county or city which is in whole or in part to be embraced therein, and(4) contain a finding that the orderly growth and development of the countyor city and the comfort, convenience and safety of its citizens require animproved transportation district, composed of transit facilities, publichighways, and other modes of transport, and that joint action with contiguouscounties and cities has not been agreed to at this time, but that theformation of a transportation district will facilitate the planning anddevelopment of the needed transportation system, and shall file suchordinance in the manner and mode required by subsection (1). At such time asthe governing body of any contiguous county or city desires to combine withthe original jurisdiction for the formation of an enlarged transportationdistrict, it shall enter into an agreement with the commission of theoriginal transportation district on such terms and conditions, consistentwith the provisions of this chapter, as may be agreed upon by such commissionand such additional county or city, and in conformance with the followingprocedures. The governing body of the county or city having jurisdiction overthe territory to be added to the original transportation district shall adoptan ordinance specifying the area to be enlarged, containing the findingspecified in subsection (1), and a statement that a contract or agreementbetween the county or city and the commission, specifying the terms andconditions 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 certificationby that officer to the Tax Commissioner, the commission, and to the governingbodies of each of the component counties and cities that the ordinancerequired by this section has been filed, and that the terms thereof conformto the requirements of this section, such additional county, or part thereof,or city, upon the entry of such certification in the minutes of theproceedings of the governing body of such county or city, shall become acomponent government of the transportation district and the county, orportion thereof specified, or city shall be embraced in the territory of thetransportation district.
(1964, c. 631, § 15.1-1345; 1966, c. 419; 1972, c. 832; 1973, c. 324; 1997,c. 587; 2006, c. 354.)