CHAPTER 467

An Act to amend and reenact §§ 15.1-966 and 15.1-967 of the Code of
Virginia, relating to the incorporation of towns. rH 4271

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 15.1-966 and 15.1-967 of the Code of Virginia be amended
and reenacted as follows:

§ 15.1-966. Whenever it is desired to incorporate any unincorporated
town or thickly settled community, a petition signed by * one hundred
duly qualified voters of such unincorporated town or thickly settled com-
munity shall be presented to the circuit court of the county in which such
town or community, or the greater part thereof, is situated, or to the judge
thereof in vacation, setting forth the metes and bounds of such town or
community and praying that such town or community may be incorpo-
rated as a town. A copy of such petition shall be served upon the Common-
wealth’s Attorney and each member of the governing body of the county
or counties wherein the area sought to be incorporated lies, and the gov-
erning body at its option may become a party to the proceedings. Such
petition shall be accompanied by satisfactory proof that it, along with
notice attached of the time and place that the petition would be presented,
has been published in full in some newspaper published in the county, if
any, once a week for four successive weeks and posted at the front door
of the courthouse of the county for four weeks; if no newspaper be pub-
lished in the county in which the town, or the greater part thereof, is
located, then five copies of the petition and notice shall be posted within
the limits of the town or community to be incorporated for four weeks
and a copy posted at the front door of the courthouse of the county.
§ 15.1-967. The court shall be satisfied that:
to (1) It will be to the interest of the inhabitants within * the proposed
wn,

(2) The prayer of the petition is reasonable;

(8) The general good of the community will be promoted ;

* (4), The number of inhabitants of the proposed town exceeds * one
ousand ; |

(5) The area of land designated to be embraced within the town is
not excessive; ;

(6) The population density of the county in which such community
is located does not exceed one hundred and twenty-five persons per square
mile according to the last preceding United States Census, or other census
directed by the Court; and

(7) That the services required by the community cannot be provided
by the establishment of a sanitary district, or under other arrangements
provided by law, or through extension of existing services provided by the
county in which such community is located.

Such court, or the judge thereof in vacation shall by an order recit-
ing the substance of the petition and the due publication thereof, that it
is to the best interests of the inhabitants of the locality, that the general
good of the community will be promoted by the incorporation of the town,
that the services sought by incorporation cannot be provided by the estab-
lishment of a sanitary district or other arrangements provided by law, or
through extension of existing services provided by the county and that the
number of inhabitants exceeds * one thousand, and that the county does
not have a population density in excess of 125 persons per square mile,
order and decree and enter upon its common law order book that such
town be, and the same is hereby, incorporated as a town by the name and
style of “The town Of 200. nocnicceeccneeseeeeeneeeee (Naming it)”, and
designating in such order the metes and bounds thereof. Thereafter the
inhabitants within such bounds shall be a body, politic and corporate, with
all the powers, privileges and duties conferred upon and appertaining to
towns under the general law. A copy of such order shall be certified by
the court or judge to the Secretary of the Commonwealth by whom it
shall be certified to all proper officers of the State. No town shall be incor-
porated * pursuant to this section hereafter unless it contains at least the
population required by this section as amended.