15.2-3916 - Creation of townships; effect on town charters; right of certain townships to obtain city status.

§ 15.2-3916. Creation of townships; effect on town charters; right of certaintownships to obtain city status.

A. Each town located within any county which becomes a city pursuant to theprovisions of this chapter shall automatically continue as a township withinthe city, and the charter of each such town shall become the charter of thetownship with the law governing the relationship of the town to the countycontinuing in effect. Such townships established pursuant to this subsectionshall continue to exercise such powers and elect such officers as thetownship charter may authorize and such other powers as the former townpreviously exercised under general law. However, no township shall exercisethe authority granted towns by Chapter 38 (§ 15.2-3800 et seq.) of this titleor by Article 1 (§ 15.2-3200 et seq.) of Chapter 32 of this title, or anyextraterritorial authority granted towns by Chapter 22 (§ 15.2-2200 et seq.)of this title. Townships shall receive from the Commonwealth financialassistance in the same manner and to the same extent as is provided towns.However, a township may transfer all or part of the revenues it receives, theservices it performs, its facilities, other assets, and debts to the city byagreement of the governing bodies.

B. Notwithstanding the provisions of subsection A of this section, any townwhich in 1979 possessed a population in excess of 5,000 persons and wassituated within a county possessing a population of 20,000 or more personsand a density of population of 300 or more persons per square mile, or aminimum population of 50,000 persons and a density of population of at least140 persons per square mile, based on the United States census, on populationestimates of the Weldon Cooper Center for Public Service of the University ofVirginia, or on a special census conducted under court supervision, shallretain as a township the right to obtain city status. Where such townshipseeks to become a city under the authority granted by this subsection and inaccordance with § 15.2-3801 et seq., the special court shall be limited inits review, as provided in § 15.2-3809, to a determination of the township'spopulation and population density. Where the court determines that suchtownship has a population of at least 5,000 persons and a density of at least200 persons per square mile, it shall enter an order granting the townshipcity status.

(1979, c. 85, § 15.1-977.17; 1997, c. 587.)