15.2-4106 - Hearing and decision by court. - Virginia Statutes

§ 15.2-4106. Hearing and decision by court.

A. The special court shall enter an order granting town status if, afterhearing the evidence, the court finds that:

1. The city has a current population of less than 50,000 people;

2. The adjoining county or counties have been made party defendants to theproceedings;

3. The proposed change from city to town status will not substantially impairthe ability of the adjoining county in which the town will be located to meetthe service needs of its population;

4. The proposed change from city to town status will not result in asubstantially inequitable sharing of the resources and liabilities of thetown and the county;

5. The proposed change from city to town status is, in the balance ofequities, in the best interests of the city, the county, the Commonwealth,and the people of the county and the city; and

6. The proposed change from city status to town status is in the bestinterests of the Commonwealth in promoting strong and viable units ofgovernment.

B. The court shall have authority to impose such terms and conditions as itdeems appropriate to:

1. Ensure an orderly transition from city status to town status;

2. Adjust financial inequities;

3. Balance the equities between the parties; and

4. Ensure protection of the best interests of the city, the county, theCommonwealth, and the people of the county and the city.

C. The court shall render a written opinion in every case brought under theprovisions of this chapter.

D. In the event the court enters an order declaring the city eligible fortown status, a copy of the order shall be certified to the Secretary of theCommonwealth.

(1988, c. 881, § 15.1-965.16; 1997, c. 587.)