§ 15.2-3304. Immunity based upon provision of urban-type services.
The governing body of any county which feels appropriate urban-type servicesare being provided, exclusive of those services which are provided by a citybut inclusive of those services provided by cooperative agreement between thecounty and city, in the part of the county proposed for immunity may, byordinance passed by a recorded affirmative vote of a majority of the membersthereof, petition the circuit court for the county for an order declaringsome part or parts of the county immune from city-initiated annexation andfrom incorporation of new cities within such part or parts. The ordinancepassed by the governing body of the county shall designate the area or areasfor which the county desires such partial immunity. The circuit court withwhich the petition is filed shall notify the Supreme Court, which shallappoint a special court to hear the case as prescribed by Chapter 30 (§15.2-3000 et seq.) of this title.
In considering the petition, the special court shall use the list of servicesset out in subdivision 1 of § 15.2-3209 as a guide in determining whetherappropriate urban-type services are being provided in such part or parts ofthe county. The court shall also consider (i) whether the county has madeefforts to comply with applicable state policies with respect toenvironmental protection, public planning, education, public transportation,housing, and other state service policies promulgated by the GeneralAssembly; (ii) whether a community of interest exists between that part ofthe county for which immunity is sought and the remainder of the county thatis greater than the community of interest that exists between that part ofthe county for which the immunity is sought and the adjoining municipality;and (iii) whether either party has arbitrarily refused to cooperate in thejoint provision of services. Unless the population of a city adjoining acounty which is seeking partial immunity exceeds 100,000 persons, the courtshall not grant partial immunity to such county which would result insubstantially foreclosing such a city from expanding its boundaries byannexation. The court may include a greater or smaller area than the area forwhich immunity is sought.
Any city or town adjoining or within the county, or the parts proposed forimmunity, shall be made parties to the action. The finding of the Commissionon Local Government shall be received into evidence, and the court shallreceive such additional evidence as the parties may introduce. The court maylimit additional evidence to those kinds of services considered by theCommission. If, after consideration of the evidence, the court finds that thecounty has appropriate urban-type services, comparable to the type and levelof services furnished in the city from which the county seeks immunity,within such parts of the county that are proposed for immunity and that theother conditions in this section are satisfied, the court shall enter anorder declaring such part or parts of the county to be immune fromcity-initiated annexation and incorporation of new cities.
(1979, c. 85, § 15.1-977.22:1; 1983, c. 217; 1997, c. 587.)
§ 15.2-3304. Immunity based upon provision of urban-type services.
The governing body of any county which feels appropriate urban-type servicesare being provided, exclusive of those services which are provided by a citybut inclusive of those services provided by cooperative agreement between thecounty and city, in the part of the county proposed for immunity may, byordinance passed by a recorded affirmative vote of a majority of the membersthereof, petition the circuit court for the county for an order declaringsome part or parts of the county immune from city-initiated annexation andfrom incorporation of new cities within such part or parts. The ordinancepassed by the governing body of the county shall designate the area or areasfor which the county desires such partial immunity. The circuit court withwhich the petition is filed shall notify the Supreme Court, which shallappoint a special court to hear the case as prescribed by Chapter 30 (§15.2-3000 et seq.) of this title.
In considering the petition, the special court shall use the list of servicesset out in subdivision 1 of § 15.2-3209 as a guide in determining whetherappropriate urban-type services are being provided in such part or parts ofthe county. The court shall also consider (i) whether the county has madeefforts to comply with applicable state policies with respect toenvironmental protection, public planning, education, public transportation,housing, and other state service policies promulgated by the GeneralAssembly; (ii) whether a community of interest exists between that part ofthe county for which immunity is sought and the remainder of the county thatis greater than the community of interest that exists between that part ofthe county for which the immunity is sought and the adjoining municipality;and (iii) whether either party has arbitrarily refused to cooperate in thejoint provision of services. Unless the population of a city adjoining acounty which is seeking partial immunity exceeds 100,000 persons, the courtshall not grant partial immunity to such county which would result insubstantially foreclosing such a city from expanding its boundaries byannexation. The court may include a greater or smaller area than the area forwhich immunity is sought.
Any city or town adjoining or within the county, or the parts proposed forimmunity, shall be made parties to the action. The finding of the Commissionon Local Government shall be received into evidence, and the court shallreceive such additional evidence as the parties may introduce. The court maylimit additional evidence to those kinds of services considered by theCommission. If, after consideration of the evidence, the court finds that thecounty has appropriate urban-type services, comparable to the type and levelof services furnished in the city from which the county seeks immunity,within such parts of the county that are proposed for immunity and that theother conditions in this section are satisfied, the court shall enter anorder declaring such part or parts of the county to be immune fromcity-initiated annexation and incorporation of new cities.
(1979, c. 85, § 15.1-977.22:1; 1983, c. 217; 1997, c. 587.)
§ 15.2-3304. Immunity based upon provision of urban-type services.
The governing body of any county which feels appropriate urban-type servicesare being provided, exclusive of those services which are provided by a citybut inclusive of those services provided by cooperative agreement between thecounty and city, in the part of the county proposed for immunity may, byordinance passed by a recorded affirmative vote of a majority of the membersthereof, petition the circuit court for the county for an order declaringsome part or parts of the county immune from city-initiated annexation andfrom incorporation of new cities within such part or parts. The ordinancepassed by the governing body of the county shall designate the area or areasfor which the county desires such partial immunity. The circuit court withwhich the petition is filed shall notify the Supreme Court, which shallappoint a special court to hear the case as prescribed by Chapter 30 (§15.2-3000 et seq.) of this title.
In considering the petition, the special court shall use the list of servicesset out in subdivision 1 of § 15.2-3209 as a guide in determining whetherappropriate urban-type services are being provided in such part or parts ofthe county. The court shall also consider (i) whether the county has madeefforts to comply with applicable state policies with respect toenvironmental protection, public planning, education, public transportation,housing, and other state service policies promulgated by the GeneralAssembly; (ii) whether a community of interest exists between that part ofthe county for which immunity is sought and the remainder of the county thatis greater than the community of interest that exists between that part ofthe county for which the immunity is sought and the adjoining municipality;and (iii) whether either party has arbitrarily refused to cooperate in thejoint provision of services. Unless the population of a city adjoining acounty which is seeking partial immunity exceeds 100,000 persons, the courtshall not grant partial immunity to such county which would result insubstantially foreclosing such a city from expanding its boundaries byannexation. The court may include a greater or smaller area than the area forwhich immunity is sought.
Any city or town adjoining or within the county, or the parts proposed forimmunity, shall be made parties to the action. The finding of the Commissionon Local Government shall be received into evidence, and the court shallreceive such additional evidence as the parties may introduce. The court maylimit additional evidence to those kinds of services considered by theCommission. If, after consideration of the evidence, the court finds that thecounty has appropriate urban-type services, comparable to the type and levelof services furnished in the city from which the county seeks immunity,within such parts of the county that are proposed for immunity and that theother conditions in this section are satisfied, the court shall enter anorder declaring such part or parts of the county to be immune fromcity-initiated annexation and incorporation of new cities.
(1979, c. 85, § 15.1-977.22:1; 1983, c. 217; 1997, c. 587.)
