reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3543. Electoral board, general registrar and officers of election

A. If any county and all incorporated towns located therein consolidate into a county or city, the members of the electoral board, general registrar and officers of election of the consolidating county or city shall continue to serve as like officers of the consolidated county or city until the expiration of the terms to which they were appointed.
B. If one or more counties or cities consolidate into a single county or city, the provisions set forth in this subsection shall apply as follows:
1. Electoral Board. -- The terms of the electoral board members of the consolidating localities shall expire on the effective date of consolidation. The judges of the circuit courts of the consolidating localities, no later than thirty days prior to the effective date of consolidation, shall appoint pursuant to § 24.2-106 for the consolidated county or city an electoral board of three members who shall qualify and take office on the day following the effective date of consolidation. The term of the first member so appointed shall expire at midnight on the last day of February in the year following the year in which he takes office; the term of the second member appointed shall expire one year later; and the term of the third member shall expire two years later. At a meeting to be held on the day its members take office, the electoral board for the consolidated county or city shall (i) designate one of the general registrars of the consolidating jurisdictions to serve as the general registrar of the consolidated county or city until midnight on March 31 following the effective date of consolidation and (ii) appoint pursuant to §§ 24.2-109 and 24.2-115 the officers of election for the consolidated county or city. At a meeting to be held in the first week of March following the effective date of consolidation, such electoral board shall appoint pursuant to §§ 24.2-109 and 24.2-110 a general registrar for the consolidated county or city who shall qualify and take office on April 1 following the effective date of consolidation and serve for the remainder of the term set forth in § 24.2-110.
2. General Registrar. -- The general registrars of the consolidating jurisdictions shall continue in office, with one of them designated the general registrar for the consolidated county or city as hereinabove provided, until midnight on March 31 following the effective date of consolidation during which time they shall compile, on the schedule and in the manner prescribed by the State Board of Elections, the registration records for the consolidated county or city. The governing body of the consolidated county or city shall pay the salary of each such general registrar in the amount authorized by the State Board of Elections and shall be reimbursed for such compensation from the state treasury.
3. Officers of Election. -- The terms of the officers of election of the consolidating jurisdictions shall expire on the effective date of consolidation.
1986, c. 312, § 15.1-1141.2; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3544. Effect on pending suits

Any action or proceeding pending by or against any of the consolidated localities may be perfected to judgment as if such consolidation had not taken place, or the consolidated locality, if any, may be substituted.
Code 1950, § 15-228; 1962, c. 623, § 15.1-1142; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3545. Effect on assembly districts

For the purpose of representation of the consolidated localities in the General Assembly, the existing senatorial and house districts shall continue until changed in accordance with law.
Code 1950, § 15-229; 1958, c. 332; 1962, c. 623, § 15.1-1143; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3546. Effect on jurisdiction of courts

Unless and until changed by general law, the jurisdiction and authority of the circuit courts having jurisdiction within any area covered by the consolidation agreement shall remain as provided for in general law as if no consolidation had occurred.
Code 1950, § 15-230; 1956, c. 554; 1958, c. 101; 1962, c. 623, § 15.1-1144; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3547. Consolidation of entire county requires no action of town council

An entire county may be consolidated with any county or city having a common boundary in accordance with the foregoing provisions of this article without the necessity of any action concerning the consolidation being taken by the council of any town situated in such county and without the necessity of a separate referendum in any such town on the question of the consolidation.
Code 1950, § 15-231; 1962, c. 623, § 15.1-1145; 1979, c. 85; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3548. Effect on town charter

A. Notwithstanding any other provision of this article, any town located within or partially within a county proposing to consolidate with another county or city, or combination thereof, into a consolidated county and which is not a party to the consolidation agreement, shall continue as a town in the consolidated county.
B. Notwithstanding any other provision of this article, in the event a proposed consolidation of a county with another county or city into a consolidated city is approved by the voters as provided in § 15.2-3540, any town located within or partially within a county and not a party to the consolidation agreement shall continue as a township. The charter of such town shall become the charter of the township. Such townships established pursuant to this subsection shall continue to exercise such powers and elect such officers as the township charter may authorize and shall exercise such other powers as towns exercise under general law. However, no township shall exercise the powers granted towns by Chapter 38 (§ 15.2-3800 et seq.) or by Article 1 (§ 15.2-3200 et seq.) of Chapter 32, or any extraterritorial authority granted towns by Chapter 22 (§ 15.2-2200 et seq.), except that a township created as a result of a consolidation of a city and county subsequent to July 1, 2011, may institute proceedings for annexation pursuant to Article 1 (§ 15.2-3200 et seq.) of Chapter 32 if the consolidation agreement permits a township to exercise such authority. The consolidated city shall exercise such powers in the township as were exercised by the county in the town prior to consolidation. Townships shall receive from the Commonwealth financial assistance in the same manner and to the same extent as is provided towns. A township may transfer all or part of the revenues it receives, the services it performs, its facilities, other assets, and debts to the consolidated city by agreement of the governing bodies.
1979, c. 85, § 15.1-1146.1; 1997, c. 587; 2011, cc. 337, 349.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3549. Powers of a tier-city

Notwithstanding any other provisions of this article, any city located entirely within the boundary of any county proposing to consolidate with such county, and which becomes a tier-city shall have, mutatis mutandis, all the powers, duties and responsibilities of a town together with such additional powers as may be granted it by law, general or special. The appropriate provisions of the charter for such city may be made a part of the consolidation agreement and in that event shall become the charter of such tier-city, subject to the subsequent approval of the General Assembly. Such tier-city established pursuant to this section shall continue to exercise such powers and elect such officers as the tier-city charter may authorize and such other powers as tier-cities or towns exercise under general law. Except for those powers reserved to the tier-city in the consolidation agreement, the consolidated county shall exercise such powers in the tier-city as are exercised by counties in towns. Tier-cities shall receive from the Commonwealth financial assistance in the same manner and to the same extent as is provided towns. A tier-city may transfer all or part of the revenues it receives, the services it performs, its facilities, or other assets to the county by agreement of the governing bodies. The governing bodies may provide by agreement for the assumption of all or part of the tier-city's debt by the consolidated county. The tier-city boundaries within the county may be established initially as agreed to and provided for in the consolidation agreement.
1984, c. 695, § 15.1-1146.1:1; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 35 - Consolidation of Localities › § 15.2-3550. Effect of consolidation into single county; exceptions for tier-city

If the consolidation agreement provides for the consolidation of counties, cities and towns or any of them into a single county, and such agreement is approved by a majority of the voters voting in the election provided for in this article, then the existence of such localities as governmental entities of the Commonwealth shall cease, except as to towns continued under the provisions of § 15.2-3548. The governmental powers and functions of the consolidated governmental entities shall be transferred to the county therein provided for, except as herein otherwise set forth. The streets of the former cities and towns shall become and remain a part of the primary state highway system unless otherwise provided in the consolidation agreement. All property, real and personal, of each such county, city or town shall be transferred to and vested in such consolidated county, except as may be otherwise provided for in the consolidation agreement providing for the establishment of a tier-city. All suits or actions or causes of action pending by or against any such county, city or town shall continue to exist and may be brought or continued by or against such consolidated county, except as may be otherwise provided for in the consolidation agreement providing for the establishment of a tier-city.
Code 1950, § 15-231.2; 1962, c. 623, § 15.1-1147; 1975, c. 214; 1979, c. 85; 1984, c. 695; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 36 - Incorporation of Towns by Judicial Proceeding › § 15.2-3600. Petition for incorporation of community; appointment of special court

A petition signed by 100 voters of any community may be presented to the circuit court for the county in which such community, or the greater part thereof, is situated, requesting that the community be incorporated as a town. A plat showing the boundaries of the community shall be attached to the petition. The circuit court with which the petition is filed shall notify the Supreme Court, which shall appoint a special court to hear the case as prescribed by Chapter 30 (§ 15.2-3000 et seq.) of this title. The plat shall be prepared by a registered surveyor in a form suitable for recording in the clerk's office of the circuit court. A copy of the petition shall be served upon the county attorney or, if there is no county attorney, the attorney for the Commonwealth, and each member of the governing body of the county or counties wherein the area sought to be incorporated lies. The governing body at its option may become a party to the proceeding. The petition shall be accompanied by proof that:
1. The petition has been available for public inspection in the office of the clerk of the circuit court; and
2. The following have been published once a week for three successive weeks in a newspaper having general circulation in the county, with the first publication appearing no more than 21 days before the petition will be presented:
a. Notice of the time and place the petition would be presented; and
b. The text of the petition in full; or
c. A descriptive summary of the petition and notice that the petition may be inspected at the circuit court clerk's office.
Code 1950, § 15-66; 1962, c. 623, § 15.1-966; 1964, c. 467; 1975, c. 629; 1976, c. 586; 1979, c. 85; 1980, c. 45; 1997, c. 587; 2023, cc. 506, 507.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 36 - Incorporation of Towns by Judicial Proceeding › § 15.2-3601. Hearing before Commission on Local Government; notice; parties; finding of Commission

Upon request of the special court, the Commission on Local Government shall conduct a hearing to determine whether the criteria in § 15.2-3602 have been satisfied. The hearing shall be set no less than thirty days after receipt of the petition by the Commission. All interested parties may present evidence before the Commission, and any county in which is located the area proposed for incorporation shall be made parties to the Commission's hearing.
1979, c. 85, § 15.1-966.1; 1980, c. 170; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 36 - Incorporation of Towns by Judicial Proceeding › § 15.2-3602. Proof required and order for incorporation

A. The special court shall order that the proposed town be incorporated upon proof that:
1. It will be in the interest of the inhabitants within the proposed town;
2. The prayer of the petition is reasonable;
3. The general good of the community will be promoted;
4. The number of inhabitants of the proposed town exceeds 1,000;
5. The area of land designated to be embraced within the town is not excessive;
6. The population density of the county in which such community is located does not exceed 200 persons per square mile according to the last preceding United States census, or other census directed by the court; and
7. The services required by the community cannot be provided by the establishment of a sanitary district, or under other arrangements provided by law, or through extension of existing services provided by the county in which the community is located.
B. The order shall recite the substance of the petition and the due publication thereof, and that the requirements of subsection A have been met. The order shall (i) be entered upon the court's common-law order book, (ii) decree that the community is incorporated as a town by the name of "The Town of ____________________ (naming it)," and (iii) designate the metes and bounds of the town or incorporate by reference the recorded plat. Thereafter the inhabitants within such bounds shall be a body politic and corporate, with all the powers, privileges and duties conferred upon and appertaining to towns under the general law. However, such town shall perform no municipal services or contract any debt until its governing body is elected, qualifies and takes office. A copy of the order shall be certified by the court to the Secretary of the Commonwealth, who shall certify it to all proper officers of the Commonwealth. No town created under this section subsequent to January 1, 1972, and no city formed from such town shall consolidate with any county or portion thereof under the provisions of Article 2 (§ 15.2-3520 et seq.) of Chapter 35 of this title.
Code 1950, § 15-67; 1950, p. 443; 1956, c. 217; 1962, c. 623, § 15.1-967; 1964, c. 467; 1972, c. 863; 1979, c. 85; 1980, c. 45; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 36 - Incorporation of Towns by Judicial Proceeding › § 15.2-3603. Request for charter

At the session of the General Assembly following its incorporation, the town shall request the General Assembly to grant it a charter.
No judge shall grant a town a charter. Until a town is granted a charter by the General Assembly, the town's affairs shall be conducted exclusively under the provisions of general law.
1980, c. 45, § 15.1-967.2; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 36 - Incorporation of Towns by Judicial Proceeding › § 15.2-3604. How first election ordered and held

An order incorporating a town under this chapter shall order the first election of town officers and shall designate the time and place where the election shall be held in the town. The election shall be at least 90 days from the date of the order and not within 120 days of a general election. The electoral board of the county within which the town, or the greater part thereof, is situated shall, not less than 90 days before the election, determine the qualified voters within the town, and the general registrar for the county shall provide the appropriate notice, in accordance with § 24.2-114. At any time the books are not closed pursuant to § 24.2-416, any person residing in the town who has not registered shall be entitled to register and vote in the town if he would have been entitled to register and vote in the county. Five members of council shall be elected and shall serve until their successors, elected pursuant to charter provisions, qualify and take office. The officers of election shall comply with the requirements of Title 24.2. If, for any cause no election is held on the day fixed in the order, the court may, by an order entered in its common-law order book, fix another day for the election, which shall be held as required by this section.
Code 1950, § 15-69; 1962, c. 623, § 15.1-969; 1980, c. 45; 1997, c. 587; 2003, c. 1015.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 36 - Incorporation of Towns by Judicial Proceeding › § 15.2-3605. How appeals granted and heard

An appeal may be made to the Court of Appeals. Court costs shall be awarded as the Court of Appeals determines. The costs in the Court of Appeals shall be awarded to the party substantially prevailing. If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall render a decision and award the costs of the appeal to the party that substantially prevailed.
Code 1950, § 15-71; 1962, c. 623, § 15.1-971; 1979, c. 85; 1997, c. 587; 2021, Sp. Sess. I, c. 489.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3701. Agreement required

Before initiating proceedings pursuant to this chapter, a town council shall enter into an agreement with the board of supervisors of the county or counties within which the town is located. The agreement shall provide for the transfer to the county or counties of all of the revenues the town receives, the services it performs, its facilities, including real and personal property, and other assets, including all debts due to the town, and for the assumption by the county or counties of all of the town's indebtedness, bonded and otherwise.
The agreement required by this section may be an agreement between the governing body of the town and the governing bodies of two or more counties or cities, in one or more of which the town is located, which are parties to a consolidation agreement under Chapter 35 (§ 15.2-3500 et seq.) of this title and may provide that the agreement shall be binding on the consolidated jurisdiction upon the effective date of consolidation.
1992, c. 453, § 15.1-965.29; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3702. Ordinance required

After the agreement required by § 15.2-3701 has been reached, the town council may, by ordinance passed by a recorded majority vote of all the members thereof, petition the circuit court for the county or counties in which the town is located for an order requiring a referendum on the question of whether the town charter shall be annulled and repealed.
1992, c. 453, § 15.1-965.30; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3703. Notice of motion; service and publication; docketing

Upon adoption of the ordinance required by § 15.2-3702, the town shall serve notice on the attorney for the Commonwealth, or on the county attorney, if there is one, and on the chairman of the governing body of the county or counties in which the town is located that it will, on a given day, not less than thirty days thereafter, move the circuit court for an order as provided by § 15.2-3702. A copy of the notice and ordinance, or a descriptive summary of the notice and ordinance and a reference to the place within the town where copies of the notice and ordinance may be examined, shall be published at least once a week for four successive weeks in a newspaper having general circulation in the town. The proof of service or certificate of service of the notice and ordinance shall be returned after service to the clerk of the circuit court. When the publication of the notice and ordinance is completed, the case shall be docketed for entry of the referendum order. Certification of the owner, editor or manager of the newspaper publishing the notice and ordinance shall be proof of publication.
1992, c. 453, § 15.1-965.31; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3704. Order for election; conduct of election

When publication of the notice and ordinance is completed, the circuit court shall by order issued in accordance with § 24.2-684 require the regular election officers of the county or counties in which the town is located to open the polls on the day fixed in the order and take the sense of the qualified voters of the town on the question submitted as provided in this section. The regular election officers, at the time designated in the order, shall open the polls at the various voting places in the town and conduct the election in the manner provided by general law for other elections. The ballots used shall be printed and shall contain the following:
"Shall the charter for the Town of ____________________ be annulled and repealed?
[ ] Yes
[ ] No."
1992, c. 453, §§ 15.1-965.32, 15.1-965.33; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3705. Results of election

The ballots shall be counted and returns made and canvassed as in other elections and the results certified by the secretary of the electoral board to the judge of the circuit court. If the report of the secretary of the electoral board shows that a majority of the qualified voters of the town voting on the question submitted are in favor of the annulment, the judge shall enter such fact of record and shall notify the Secretary of the Commonwealth, and the annulment shall be effective on January 1 of the year following the year in which the order entering such fact of record is issued or, in the discretion of the court, on the second January 1 following the year in which issued. However, the court, upon joint petition of the governing bodies of the town and county or counties in which the town is located, may order the annulment effective on any other date or dates.
1992, c. 453, § 15.1-965.34; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3706. Annulment of surrendered charter

Upon the effective date of the annulment, the town charter which is surrendered by the ordinance shall be annulled. The terms and conditions of the contract with the county or counties in which the town is located required by § 15.2-3701 shall be a binding and irrevocable contract in favor of the public, compliance with which in all its parts may be enforced, and violation of which may be prevented, by mandamus or injunction from the Supreme Court or from any circuit court at the suit or relation of any citizen or taxpayer.
1992, c. 453, § 15.1-965.35; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3707. General effect of annulment

Upon the effective date of annulment, the town shall terminate, as shall the terms of office and the rights, powers, duties and compensation of the officers, agents and employees of the town.
1992, c. 453, § 15.1-965.36; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3708. Transfer of property and indebtedness

Upon the effective date of annulment, the title to all property, real and personal, tangible and intangible, of the former town shall be vested in, and the indebtedness become a debt of, the county or counties in which the town was located without any further act or deed.
1992, c. 453, § 15.1-965.37; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3709. Special debt district

If so provided in the agreement required by § 15.2-3701, the territory constituting the former town may be a special debt district for the purpose of repaying all or part of the existing indebtedness chargeable to the town before annulment. A special tax on real property within the special debt district shall be levied for a period not exceeding twenty years. The special tax may be different from and in addition to the general tax rate throughout the entire county or counties in which the town was located.
1992, c. 453, § 15.1-965.38; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3710. Records and documents

All records and documents of the former town shall pass to and be held by the county or counties in which the town was located which shall be responsible for the preservation, maintenance and custody of these records and documents.
1992, c. 453, § 15.1-965.39; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3711. Effect on pending suits

If at the time of annulment there are any pending actions or proceedings by or against the town, or if after the effective date of annulment an action or proceeding out of a cause of action which arose prior to the time of annulment, which but for the annulment would have been by or against the town, is instituted, the county or counties in which the town was located shall be substituted in place thereof and the proceeding may be perfected to judgment. The agreement required by § 15.2-3701 may provide that if judgment against the county or counties results from the proceeding, the liability shall be paid by the special debt district as provided in § 15.2-3709.
1992, c. 453, § 15.1-965.40; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 37 - Annulment of Town Charters › § 15.2-3712. Repeal of charter

After a town charter has been annulled in accordance with this chapter, the local governing body of the county or counties in which the town was located shall make a request to a state legislator representing that county that the General Assembly repeal the town charter at the next legislative session.
1992, c. 453, § 15.1-965.41; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3800. Ordinance petitioning court for city status; appointment of special court

Any town, except a town located within a county or any portion of a county granted immunity as provided by Chapter 33 (§ 15.2-3300 et seq.) from the incorporation of new cities within its boundaries, may, by ordinance passed by a recorded majority vote of all the members thereof, petition the circuit court for the county within which the town lies, alleging that the town meets the criteria set out in subsection A of § 15.2-3807, for an order granting city status to the town. The circuit court with which the petition is filed shall notify the Supreme Court, which shall appoint a special court to hear the case as prescribed by Chapter 30 (§ 15.2-3000 et seq.) of this title.
1979, c. 85, § 15.1-982.1; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3801. Referendum

Prior to the adoption of an ordinance petitioning the court for city status, the town council shall petition the court to order a referendum held within the town on the question of seeking city status. The provisions of § 24.2-684 shall govern the order for a referendum. The question on the ballot shall be:
"Shall the Town of ____________________ seek to become a city?
[ ] Yes
[ ] No."
If a majority of the electorate voting in the referendum vote "No," the town council shall not proceed in seeking city status. If a majority of the electorate voting in such referendum vote "Yes," the town council shall proceed as provided in § 15.2-3800.
1979, c. 85, § 15.1-982.2; 1982, c. 181; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3802. Town and county agreement concerning proposed city

No court proceedings shall be instituted until the governing bodies of the town and county have failed, in the sole opinion of the governing body of the town, to reach an agreement with respect to the proposed city. If the governing bodies reach an agreement, it shall be certified by order of the special court and a grant of city status shall be made upon a finding that the criteria set out in subsection A of § 15.2-3807 have been satisfied.
1979, c. 85, § 15.1-982.2; 1982, c. 181; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3803. Notice of motion; service and publication; answer or other pleading

At least thirty days before instituting a proceeding for a grant of city status, a town shall serve notice on the county attorney, or if there is none, on the attorney for the Commonwealth, and on the chairman of the board of supervisors of the county or counties within which the town lies that it will, on a given day, petition the circuit court for a grant of city status. The notice served on each official shall include a certified copy of the ordinance. A copy of the notice and ordinance, or a descriptive summary of the notice and ordinance and a reference to the place within the town where copies of the notice and ordinance may be examined, shall be published at least once a week for four successive weeks in a newspaper having general circulation in the town and county, or counties, in which the town is situated. The notice and ordinance shall be returned after service to the clerk of the circuit court. Certification from the owner, editor or manager of the newspaper publishing the notice and ordinance shall be proof of publication.
1979, c. 85, § 15.1-982.3; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3804. Parties

In any proceeding instituted under the provisions of this chapter, the county or counties in which the town is situated shall be made party to the case. Any voter or property owner of the town or county or counties in which the town is situated may by petition become party to the proceeding. Any locality with a common boundary or other person affected by the proceeding may appear and shall be made party to the case.
1979, c. 85, § 15.1-982.4; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3805. Time limit for intervenors; publication of order

The special court shall by order fix a time within which a voter, property owner or political subdivision not served may become a party to a proceeding 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 least once a week for two successive weeks in a newspaper of general circulation in the county and in the adjoining or adjacent counties and cities.
1979, c. 85, § 15.1-982.5; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3806. 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, records, photographs, plans and like matters, which will dispense with formal proof thereof, including:
a. Assessed values and the ratio of assessed values to true values, as determined by the State Department of Taxation, in the town seeking to become a city and in the remaining portion of the county including real property, personal property, machinery and tools, merchants' capital and public service corporation assessment for each year of the five years immediately preceding;
b. School population and school enrollment in the town seeking to become a city and in the remaining portion of the county, as shown by the records in the office of the division superintendent of schools; and the cost of education per pupil in average daily membership, as shown by the most recent report of the Superintendent of Public Instruction; and
c. Population and the population density of the town seeking to become a city and of the remaining portion of the county;
4. The method of taking any population census requested by the petitioner;
5. Limitation on the number of expert witnesses; each expert witness who will testify shall file a statement of his qualifications; and
6. Such other matters as may aid in the disposition of the case.
The court, or the judge, as the case may be, shall make an appropriate order which will control the subsequent conduct of the case unless modified before or during the trial or hearing to prevent manifest injustice.
1979, c. 85, § 15.1-982.7; 1997, c. 587; 2010, cc. 386, 629.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3807. Hearing and decision by court

A. The special court shall enter an order granting city status to a town if, after hearing the evidence, it finds that:
1. The town has a minimum population of 5,000 persons;
2. The town has the fiscal ability to function as an independent city and is able to provide appropriate urban-type services including, based on the advice of the State Department of Education, an independent school system;
3. The creation of the new independent city will not substantially impair the ability of the county or counties from which the town is to be separated to meet the service needs of the remaining population, particularly in education, unless provision is made by order of the court or by agreement of the governing bodies to offset such impairment; and
4. After a consideration of the best interests of the parties, the interest of the Commonwealth in the compliance with and promotion of state policies with respect to environmental protection, public planning, education, public transportation, housing and other state service policies declared by the General Assembly, and the interest of the Commonwealth in promoting strong and viable units of government in the area, a grant of city status should be made.
B. Any order granting city status to a town shall set forth in detail all such terms and conditions upon which the city status is granted as are not provided in this chapter. The order shall be effective on January 1 following the year in which the order is issued or, in the discretion of the court, on the second January 1 following the year in which the order is issued. All county taxes assessed in the town for the year before which the transition becomes effective, and for all prior years, shall be paid to the county.
C. A copy of the order shall be certified to the Secretary of the Commonwealth.
D. If a majority of the court is of the opinion that the criteria set out in subsection A have not been met, then the petition shall be dismissed.
E. The court shall render a written opinion in every case brought under this chapter.
1979, c. 85, § 15.1-982.8; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3808. 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 expense as costs in the case, which costs shall be paid by the clerk into the general fund of the state treasury, and credited to the agency furnishing the evidence.
1979, c. 85, § 15.1-982.9; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3809. 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 §§ 15.2-3221 and 15.2-3222, which shall apply mutatis mutandis.
1979, c. 85, § 15.1-982.10; 1997, c. 587; 2021, Sp. Sess. I, c. 489.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3810. Declining of grant of city status

In any proceeding brought under this chapter, the town council may, by ordinance or resolution, decline to accept city status on the terms and conditions imposed by the court at any time prior to twenty-one days after final adjudication establishing city status. In such case the court shall apportion the total costs, taking into consideration the extent to which county revenues are derived from within the town, the relative financial abilities of the parties, and the relative merits of the case.
1979, c. 85, § 15.1-982.11; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3811. Proceeding final for three years

If city status is denied a town, or if city status is declined under § 15.2-3810, no subsequent proceeding shall be brought under this chapter for three years from the date of the final order.
1979, c. 85, § 15.1-982.12; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3812. Effect when town becomes city

If a town becomes a city under this chapter, then:
1. Its charter, if it has one, shall remain in full force and effect insofar as its provisions do not conflict with this chapter;
2. Its ordinances shall be the ordinances of the city, insofar as they are applicable, until they are repealed by the city;
3. The officers of the town shall be the officers of the city until their successors are elected or appointed and qualify, except as provided in this chapter, and shall discharge the duties and be subject to the penalties imposed by such charter and ordinances and by general law; and
4. Provisions of the town charter in conflict with this title or other provisions of general law shall be repealed thereby.
Code 1950, § 15-83; 1962, c. 623, § 15.1-983; 1979, c. 85; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3813. Town liabilities and assets

If a town becomes a city under this chapter, the city shall be liable for the bonded indebtedness and current debts and obligations of the town and shall be liable for the obligations or other liabilities of the town, both in law and in equity, arising out of any plans or annexations theretofore consummated between the town and any other territory. The title to all the property of the town, and its rights and privileges under any contract, including all moneys belonging to the town, and its books, records, papers and other things of value, shall vest in and become the city's property.
Code 1950, § 15-84; 1962, c. 623, § 15.1-984; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3814. Mayor of town to continue in office

If a town becomes a city under this chapter, the mayor of the town shall be the mayor of the city; shall receive the same salary and fees; and shall discharge the duties, be vested with the authority and be subject to the penalties imposed on him by the charter or general law. He shall serve until his successor is elected and qualified.
Code 1950, § 15-85; 1962, c. 623, § 15.1-985; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3815. Council of town to continue in office; additional members

If a town becomes a city under this chapter, the town council shall be the city council and discharge the duties and exercise the authority imposed on it by the charter and by general law. If in the order granting city status the special court prescribes a greater number to compose the city council than the number composing the town council, then the council shall, within thirty days after the date of the order of the court, or as soon thereafter as practicable, proceed to elect the additional members of the city council necessary to fill out the number prescribed in such order. The members shall serve until their successors are elected and qualified.
Code 1950, § 15-86; 1962, c. 623, § 15.1-986; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3816. Town treasurer to continue in office; appointment where town had no treasurer

If a town becomes a city under this chapter, the town treasurer, if there is one, shall be the city treasurer. If there is no town treasurer, then the vacancy shall be filled by appointment by the circuit court having jurisdiction over the city or town, pending the next ensuing general election or, if the vacancy occurs within 120 days prior to such election, pending the second ensuing general election.
The city treasurer, whether he is such by reason of having held the office of town treasurer or by appointment, shall not discharge any duties as city treasurer until he has given bond in a penalty to be fixed by the city council pursuant to § 15.2-1512 and also the bond required by § 15.2-1530. The treasurer so appointed shall qualify before the court appointing him. The treasurer's duties shall include handling the city's revenues from all sources as the council directs. He shall serve until his successor is elected and qualified.
Code 1950, § 15-87; 1962, c. 623, § 15.1-987; 1971, Ex. Sess., c. 158; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3817. Commissioner of revenue or assessor to continue in office; appointment where town had no commissioner or assessor

If a town becomes a city under this chapter, the commissioner of revenue or assessor of the town, if there is one, shall be the commissioner of revenue of the city and discharge the duties imposed on him by the charter or by general law. If there is no commissioner of revenue or assessor of the town, then the circuit court having jurisdiction over such city or town shall, within thirty days after the town is declared to be a city, fill the vacancy by appointment, pending the next ensuing general election or, if the vacancy occurs within 120 days prior to such election, pending the second ensuing general election. The commissioner of revenue so appointed shall forthwith qualify before the court or judge appointing him or before the clerk of the circuit court in the clerk's office. He shall serve until his successor is elected and qualified.
Code 1950, § 15-88; 1962, c. 623, § 15.1-988; 1971, Ex. Sess., c. 158; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3818. Town sergeant to continue in office

If a town becomes a city under this chapter, the sergeant of the town, if there is one, shall be the sheriff of the city and discharge all the duties imposed on him by the charter or by general law. The sheriff's duties and compensation shall be such as are provided by law for town sergeants. He shall serve until his successor is elected and qualified.
Code 1950, § 15-89; 1962, c. 623, § 15.1-989; 1971, Ex. Sess., c. 155; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3819. Election and terms of office of mayor and councilmen after town becomes city

At a general election of city officers, to be held on the second Tuesday in May after a town is declared to be a city, a mayor and city council shall be elected for the city. The terms of office of the mayor and city council shall begin on July 1 following their election. The mayor shall serve for four years. One half of the council shall serve for two years, and the other half for four years.
Code 1950, § 15-90; 1962, c. 623, § 15.1-990; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3820. Election and terms of other city officers

At the next general election of state officers after (i) the town is declared to be a city and (ii) the regular term of office of the existing municipal officers expires, to be held on Tuesday after the first Monday in November, when similar officers are elected for other cities, a treasurer, a sheriff, an attorney for the Commonwealth, a clerk of the circuit court, and other officers elected by the qualified voters whose election is not otherwise provided for by law shall be elected. The terms of office of such officers shall begin on January 1 following their election and continue in accordance with § 24.2-217 as applicable to such elections and until their respective successors have been elected and qualify. The commissioner of revenue shall be elected or appointed as the general law directs.
Code 1950, § 15-91; 1962, c. 623, § 15.1-991; 1971, Ex. Sess., c. 68; 1973, c. 545; 1979, c. 85; 1997, c. 587.
2023 Code of Virginia › Title 15.2 - Counties, Cities and Towns › Chapter 38 - Transition of Towns to Cities › § 15.2-3821. Qualification of officers; vacancies

The officers for the election of whom provision is made by § 15.2-3820 whether elected at the first election for such officers held in the city or at any subsequent election held pursuant to § 24.2-217 or § 24.2-222 shall qualify before the circuit court having jurisdiction in the city or before the clerk of such court in the clerk's office. In the case of a vacancy in any such office the office shall be filled by appointment by the court, pending the next ensuing general election or, if the vacancy occurs within 120 days prior to such election, pending the second ensuing general election.
Code 1950, § 15-92; 1962, c. 623, § 15.1-992; 1971, Ex. Sess., c. 158; 1997, c. 587.