Chap. 149.—An ACT to amend and re-enact section 2958 of the Code of Vir-
ginia in relation to annexation of territory by cities or towns. [H B 49]

Approved March 10, 1920.

1. Be it enacted by the general assembly of Virginia, That sec-
tion two thousand nine hundred and fifty-eight, of the Code of Vir-
ginia, be and the same is, hereby amended and re-enacted so as to
read as follows:

Sec. 2958. How case heard and by whom and what order shall
contain——The court, without a jury, shall be held and presided over
by a judge of some circuit court of this State other than the circuit
in which either the city desiring the territory to be annexed or
the said territory to be annexed lies, and remote therefrom, said
judge to be designated by the governor of the State, and the
court, or such judge in vacation, shall hear the case upon evidence
introduced in the manner in which evidence is introduced in com-
mon law cases, and shall ascertain and determine the necessity for
or expediency of annexation, and whether the terms, and conditions
set forth in said ordinance are reasonable and fair, and whether
fair and just provisions are made for the future management and
improvement of such territory; and if the court or judge shall be
satished of the necessity for or expediency of such annexation,
and that such conditions and provisions are reasonable and _ fair,
an otder shall be entered providing for the annexation of such terri-
tory. But if the court or judge shall be of opinion that no annexation
Is Necessary or expedient, the motion to annex shall be dismissed. In
every case of annexation, such city or town shall assume and pro-
vide for the reimbursement of the county or counties of such
Just proportion of any existing debt of such county or counties
or districts therein, and for the then value of such permanent public
improvements as may have been made in the territory annexed, either
by way of macadamizing public roads or streets, or by constructing
concrete sidewalks on public roads or streets, or by constructing or
laying water mains or sewers, constructed and maintained by such
county or counties at the time of annexation, as may be determined
by the court in the proceeding; provided the cost of such public
improvements is not embraced in the proportion of the debt of such
county or counties, or district therein, which is assumed and provided
for by such city or town in said proceeding; and provided, further,
that such city or town shall receive credit, upon a just basis, to be
determined by the court, for such sums, if any, as it may have
contributed to such public improvements. And such city or town
shall also provide for compensation to such county or counties for
the then value of any school house or other public building of such
county located within the annexed territory, which shall not be
reserved to the county in the proceeding; and for any injury to the
value or the impairment of the use to the county of any school house
therein by reason of the annexation made. If, however, the court or
judge shall be of opinion that the annexation of only a part of such
territory is necessary or expedient, or that said ordinance does not
contain fair and reasonable terms, or if it shall be of the opinion
that more territory should be annexed than was described in the
metes and bounds originally set forth, it shall enter a proper order,
embodying what it deems reasonable and fair terms upon which the
annexation is to be had, and how much of said territory shall be an-
nexed, and shall direct the annexation of such territory in conformity
with the terms and conditions so prescribed. The court shall so draw
the lines of annexation as to have a reasonably compact body of
land, and shall also see that no land shall be taken into said city
which is not adopted to city improvements unless necessarily em-
braced in said compact body of land, or which the city shall not
need in the reasonably near future for development. In making its
decision as to the character and extent of annexation the court shall
take into consideration as well, not only the development of the city,
but also the loss of revenue to the county. But the tax rate upon
the land annexed shall not be increased for a period of five years after
such annexation, except upon the petition of a majority of the freehold-
ers of such territory to the city or town council, and all revenues de-
rived by such city or town from taxation in said territory during such
period, either on property or from other sources, including licenses,
shall be wholly expended by such city or town upon street, sewer, light,
water or other public improvement in said territory; provided, how-
ever, that at any time within the said five years the council of the city
or town may by ordinance set apart a sum equal to twelve per centum
of the assessed value, at the time of annexation, of the lands annexed,
which sum so set apart shall be wholly expended in and for the
benefit of the annexed territory in public improvements; and when
said sum shall have been so set apart and said public improvements
shall have been begun, the land annexed shall be subject to the city
tax rate, and the proceeds thereof shall be paid into the city treasury
along with all other taxes and licenses in such territory for general
purposes, although said five years shall not have elapsed. Said sum
to be so set apart and expenses shall be reduced by the sum already
expended on said improvements under any other plan of annexation,
and said sum shall also be reduced by the amount of any debt of any
town that may be annexed to a city or to another town. Out of the
proceeds of the sale of the next issue of bonds by a city or town
after any such annexation the said sum equal to the twelve per centum
of the assessed value, at the time of annexation, of the land an-
nexed, reduced by the sums hereinbefore mentioned, shall be set apart
and expended in said territory as hereinbefore directed, unless said
sum has been already so expended. When two or more cites or towns
desire the same territory and petitions of their respective couricils
are pending at the same time, the said court or judge shall ‘consolidate
said causes and hear them together, and enter such order as to it
shall seem proper, declaring to which city or town the said territory
shall be annexed and the terms and conditions of annexation as in
other cases. ,