§ 15.2-3900. Transition authorized
Any county in this Commonwealth may become an independent city by complying with the requirements and procedures set forth in this chapter. 1979, c. 85, § 15.1-977.1; 1997, c. 587.
§ 15.2-3901. Ordinance petitioning court to declare eligibility
The governing body of any county may, by ordinance passed by a recorded majority vote of all the members thereof, petition the circuit court for the county, alleging that the county meets the criteria set out in § 15.2-3907, for an order declaring the county eligible for city status. The circuit court with which the […]
§ 15.2-3902. Moratorium on annexation suits pending transition to city
Any annexation suit filed against a county on or after the day the county’s petition for city status is filed in the circuit court shall be stayed pending the special court’s order denying eligibility for city status or the election ordered on the proposed city charter, whichever occurs. If the voters approve the city charter, […]
§ 15.2-3903. Notice of motion; service and publication; answer
At least thirty days before instituting a proceeding under the provisions of this chapter, a county shall serve notice on the attorney for the Commonwealth, or on the city or county attorney, if there is one, and on the chairman of the board of supervisors of each adjoining county and the mayor of each city […]
§ 15.2-3904. Parties
In any proceedings instituted under the provisions of this chapter, any voter or property owner or person having an interest in the county may by petition become a party to the proceedings. Any locality having a common boundary or other person affected by the proceedings may appear and shall be made a party to the […]
§ 15.2-3905. Time limit for intervenors; publication of order
The special court shall by order fix a time within which a voter, property owner, person having an interest, or locality not served may become a party to proceedings instituted under this chapter, and thereafter no such petition shall be received, except for good cause shown. A copy of the order shall be published at […]
§ 15.2-3906. Pretrial conference; matters considered
The special court shall, prior to hearing any case under this chapter, direct the attorneys for the parties to appear before it, or in its discretion before a single judge, for a conference to consider: 1. Simplification of the issues; 2. Amendment of pleadings and filing of additional pleadings; 3. Stipulations as to facts, documents, […]
§ 15.2-3907. Hearing and decision by court
A. The special court shall order an election to determine if the voters of the county desire the General Assembly to grant the county a municipal charter if, after hearing the evidence, it finds that: 1. The county possesses at the time of the filing of the petition a minimum population of 20,000 persons and […]
§ 15.2-3908. Assistance of state agencies
The special court may, in its discretion, direct any appropriate state agency, in addition to the Commission on Local Government, to gather and present evidence, including statistical data and exhibits, for the court, subject to the usual rules of evidence. The court shall determine the actual expense of preparing such evidence and shall tax such […]
§ 15.2-3909. Appeals
Appeals may be made to the Court of Appeals as provided in §§ 15.2-3221 and 15.2-3222, which shall apply mutatis mutandis. Any judgment of the Court of Appeals rendered pursuant to this section may be appealed to the Supreme Court, which, if it grants the petition for appeal, shall hear the appeal as provided in […]
§ 15.2-3910. Charter commission; appointment; compensation
Upon entry of the order provided in subsection A of § 15.2-3907, the governing body of the county shall appoint a charter commission, composed of not less than seven persons, to assist it in the preparation of a charter and form of government for the new city. The governing body shall fix the compensation of […]
§ 15.2-3911. Charter provisions generally
The charter shall provide for the orderly transition from a county form of government to a city form, for the assumption by the new city of the debt and contractual obligations of the former county and of all towns formerly located therein, and for the transfer of all assets from such county and towns to […]
§ 15.2-3912. Optional charter provisions
Any charter adopted pursuant to this chapter may include any of the following provisions: 1. The rate of tax on real property in any territory which is a part of the proposed city shall be lower than in other territory of the proposed city for a period of five years, provided that any difference between […]
§ 15.2-3913. Public hearing on charter; notice and publication; adoption of charter by governing body
Upon the completion of the proposed charter the governing body shall hold a public hearing at which the citizens shall have an opportunity to be heard with respect thereto. Notice of the time and place of such hearing and the text of the charter, or an informative summary thereof, shall be published in a newspaper […]
§ 15.2-3914. Rejection or adoption of charter at election
If the proposed charter is not adopted by a majority of those voting in the election, an order shall be entered of record accordingly, and no other election for any change in the county form of government shall be held within three years after the date of the election. If the proposed charter is adopted […]
§ 15.2-3915. Transition of county to independent city requires no action of town council
A county may become an independent city in accordance with the foregoing provisions of this chapter without the necessity of any action being taken by the council of any town situated in such county and without the necessity of separate referenda in any such town on the question of the transition of the county to […]
§ 15.2-3916. Creation of townships; effect on town charters; right of certain townships to obtain city status
A. Each town located within any county which becomes a city pursuant to the provisions of this chapter shall automatically continue as a township within the city, and the charter of each such town shall become the charter of the township with the law governing the relationship of the town to the county continuing in […]
§ 15.2-3917. Certain cities not affected by chapter
This chapter shall in no way affect the organization, government, officers, charter or laws governing any city declared to be such prior to July 1, 1978. 1979, c. 85, § 15.1-977.18; 1997, c. 587.
§ 15.2-3918. Optional status of streets
Any city formed under the provisions of this chapter may, by ordinance, elect to continue receiving, for a period not to exceed ten years from the date of the granting of a city charter, the full services of the Department of Transportation in the same manner and to the same extent such services were rendered […]
§ 15.2-3919. Legislative, etc., district and judicial circuit not affected
Any city formed under the provisions of this chapter shall be and remain a part of the congressional, senatorial and legislative districts, respectively, and of the judicial circuit in which, as a county, it was geographically located, unless otherwise changed by general law. 1979, c. 85, § 15.1-977.19; 1997, c. 587.