10.1-517 - Application and statement to the Secretary of the Commonwealth.

§ 10.1-517. Application and statement to the Secretary of the Commonwealth.

Upon the creation of a district by any means authorized by this chapter, twodistrict directors appointed by the Board and authorized by the Board to doso, shall present to the Secretary of the Commonwealth an application signedby them, which shall set forth: (i) that a petition for the creation of thedistrict was filed with the Board pursuant to the provisions of this chapter,and that the proceedings specified in this chapter were conducted; (ii) thatthe application is being filed in order to complete the organization of thedistrict as a political subdivision under this chapter; (iii) that the Boardhas appointed them as district directors; (iv) the name and officialresidence of each of the district directors together with a certified copy ofthe appointments evidencing their right to office; (v) the term of office ofeach of the district directors; (vi) the proposed name of the district; and(vii) the location of the principal office of the district directors. Theapplication shall be subscribed and sworn to by the two district directorsauthorized by the Board to make such application before an officer authorizedby the laws of the Commonwealth to take and certify oaths. The applicationshall be accompanied by a certified statement by the Board that the districtwas created as required by law. The statement shall set forth the boundariesof the district as they have been defined by the Board.

If the creation of a district necessitates the dissolution of an existingdistrict, an application shall be submitted to the Secretary of theCommonwealth, with the application for the district to be created, by thedirectors of the district to be dissolved, for the discontinuance of suchdistrict, contingent upon the creation of the new district. The applicationfor discontinuance, duly verified, shall simply state that the landsencompassed in the district to be dissolved shall be included within theterritory of the district created. The application for discontinuance of suchdistrict shall be accompanied by a certified statement by the Board that thediscontinued district was dissolved as required by law and the new districtwas created as required by law. The statement shall contain a description ofthe boundaries of each district dissolved and shall set forth the boundariesof the district created as defined by the Board. The Secretary of theCommonwealth shall issue to the directors of each district a certificate ofdissolution and shall record the certificate in an appropriate book of recordin his office.

When the boundaries of districts are changed pursuant to the provisions ofthis chapter, the various affected district boards shall each present to theSecretary of the Commonwealth an application, signed by them, for a newcertificate of organization evidencing the change of boundaries. Theapplication shall be filed with the Secretary of the Commonwealth accompaniedby a certified statement by the Board that the boundaries have been changedin accordance with the provisions of this chapter. The statement by the Boardshall define the new boundary line in a manner adequate to describe theboundary changes of districts. When the application and statement have beenfiled with the Secretary of the Commonwealth, the change of boundary shallbecome effective and the Secretary of the Commonwealth shall issue to thedirectors of each of the districts a certificate of organization evidencingthe change of boundaries.

(Code 1950, § 21-28; 1964, c. 512; 1970, c. 480; 1988, c. 891.)