15.2-3807 - Hearing and decision by court.
§ 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 isable to provide appropriate urban-type services including, based on theadvice of the State Department of Education, an independent school system;
3. The creation of the new independent city will not substantially impair theability of the county or counties from which the town is to be separated tomeet the service needs of the remaining population, particularly ineducation, unless provision is made by order of the court or by agreement ofthe governing bodies to offset such impairment; and
4. After a consideration of the best interests of the parties, the interestof the Commonwealth in the compliance with and promotion of state policieswith respect to environmental protection, public planning, education, publictransportation, housing and other state service policies declared by theGeneral Assembly, and the interest of the Commonwealth in promoting strongand viable units of government in the area, a grant of city status should bemade.
B. Any order granting city status to a town shall set forth in detail allsuch terms and conditions upon which the city status is granted as are notprovided in this chapter. The order shall be effective on January 1 followingthe year in which the order is issued or, in the discretion of the court, onthe second January 1 following the year in which the order is issued. Allcounty taxes assessed in the town for the year before which the transitionbecomes 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 theCommonwealth.
D. If a majority of the court is of the opinion that the criteria set out insubsection A have not been met, then the petition shall be dismissed.
E. The court shall render a written opinion in every case brought under thischapter.
(1979, c. 85, § 15.1-982.8; 1997, c. 587.)