Agenda 07/12/2005 - Laserfiche WebLink

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REVERSION OF A CITY TO TOWN STATUS CHAPTER 41, TITLE 15.2 (Incorporates changes through the 2004 General Assembly Session) I. MUNICIPALLY-INITIATED REVERSION A. Elil!ibility 1. Any city with a population of less than 50,000 persons at the time of the latest decennial census may revert to town status under the provisions of this chapter. 2. Special procedural requirements apply to cities having a population of more 5,000 but less than 5,900 persons. (See Ch. 688, Acts of the Assembly, 1989.) B. Procedure for Initiat'n!! Action (Sec. 15.2-2907, Code of Va.) 1. Prior to petitioning the circuit court for review of a proposed reversion action, the city must first notify the Commission on Local Government of its intention to make the transition from city to town status. C. Proceedin!!s of the Commission on Local Government (Sec. 15.2-2907, Code of Va.) 1. Upon receipt of the notice of the reversion action, the Commission shall mcet with representatives of the city and the affected county and schedule a review of the proposed reversion. Such review shall include oral presentations and a public hearing in the affected jurisdictions to afford all interested parties an opportunity to present evidence and to offer comment on the proposed reversion. 2. At the conclusion of its review, the Commission shall submit a written report containing its findings of fact and recommendations with respect to the proposed reversion to the affected local governments and to the special three-judge court that subsequently must review the proposed reversion. a. The Commission's review of the proposed reversion must be based upon the criteria and standards established for review of such actions as set forth in Section 15.2-4106, Code of Virginia. b. The Commission's report is advisory in nature and is not binding on the special three-judge court. The report, however, must be considered in evidence in any subsequent court proceeding. D. Action by the City Goyerninl! Bodv (Secs. 15.2-4101 and 15.2-4102, Code of Va.) 1. Following the completion of the Commission's review, the city may, ifit opts to pursue the proposed reversion, petition the circuit court of the city by ordinance for an order granting the municipality town status. 2. The city must also serve the appropriate county officials with notice of its intended action, including a copy of the reversion ordinance, and it must publish the notice and ordinance as required by Section 15.2-410 I, Code of Virginia.