Units of Local Government Flashcards
What are the primary units of local government?
Counties- unincorporated areas of the state. (Arlington County)
Cities- independent incorporated communities that have a population of 5,000 or more. Municipalities incorporated as cities are independent of the county in which they are located. (Falls Church, VA)
Towns- incorporated communities within one or more counties that have a population of 1,000 or more, not independent of counties and share governmental functions and services with the county in which they are located.
Service authorities- serve specific public functions (e.g. sewer/water sanitation, public housing/eduction, toll roads).
How are local governments created?
they are created when the General Assembly grants/amends the local government a charter, which it can only do by majority vote.
The charter grants power to the gov. and defines the extent of delegated power.
Alternatively, citizens may present a petition to the circuit court, signed by 100 voters, requesting that a community be incorporated as a town.
What is Annexation and what is the process for it to occur?
Annexation is the process that cites and towns use to grow, by adding land from a county. It is a three step process:
- A city or town may pass an ordinance to petition the CC in the county in which territory adjacent to the city/town lies.
Also, County residents living in the territory adjacent to the city or town may pass an ordinance with 51% approval or alternatively 51% of landowners adjacent to the town/city (in number and area) can petition the CC. After a valid vote, the case proceeds as if the city or town had passed an ordinance, unless the petition is rejected by a majority if the elected members of the governing body if the city/town.
- Notify the state commission on local gov., as well as other interested local governments. The commish will then hold hearings, investigate and file reports w/n 6 months.
- The petition will then be review by a 3 judge court in the CC to review the report from the commission, and determine the necessity and expediency of the annexation.
The court will consider:
1. the best interests of the people of the locality
2. the services to be rendered and needs of the area proposed to be annexed
3. the best interests of the people in the remaining portion to be annexed
4. the best interests of the remaining portion of the county
and
5. the best interests of the state in promoting strong local gov units.
What types of land can be immune from annexation?
A County or Town can petition the CC for total or partial immunity from annexation by cities. The county or town must have either a total population of 20,000 (300 persons per square mile), or a population of at least 50,000 (140 persons per square mile).
Partial immunity- a county can also petition for those portions of the county that provide urban services (e.g., sewage treatment, zoning, crime prevention/detection, library facilites).
What is Corporate Contraction?
Making a city/town smaller. The court will confirm contraction and declare territory abandoned if:
1. Contraction will not leave a stat. determined debt.
2. Less than 75% of landowners in the territory oppose the contraction
3. The contraction will not cause substantial damage to those owning property in the territory, and
4. the contraction is in the best interest of the city or town.
When will a change of Municipal status occur, for a town to city and city to town?
A municipality may, after passing an ordinance, petition the CC for an order. The supreme court must appoint a special court to hear the case.
Town to City:
Order will be granted if:
1. the town has a minimum pop. of 5,000 people,
2. he town has the ability to function as an indpend. city and is able to provide appropriate urban-type services (like an ind. school system)
3. the change will not sub. impair the the county from which the town is to be separated to meet services needs of the remaining population, and
4. a grant of city status is in the best interests of the parties and state.
City to town:
1. Cities current pop. is less than 50,000 people
2. the adjoining county or counties have been made party D’s to the proceeding.
3. The change will not sub. impar the ability of the county in which the town will be located to meet the service needs of its pop.
4. the change will not result in a sub. inequitable sharing of the resources and liabilities of the town and county.
5. the change is in the best interest if the city/county/state, and the people of the county and the city
AND
6. the proposed change is in the best interests of the state in promoting strong and viable units of government.
