Chap. 301.—An ACT to provide for the consolidation of towns. [H B 387]
Approved March 19, 1920.

1. Be it enacted by the general assembly of Virginia, That when-
ever two towns are coterminous or adjacent to each other, and either
of such towns desires to form one consolidated municipality with the
other, with a common name and seal, it shall be lawful for the coun-
cil of such town so to declare by an ordinance which shall be adopted
by a recorded affirmative vote of a majority of all the members elected
to the council.

2. Said ordinance shall be approved by the mayor of such town,
or may be passed notwithstanding his objections in the manner pre-
scribed for passing ordinances over the veto of the mayor. It shall
contain declaratory provisions on the following subjects, to-wit:

First. The name suggested for the proposed municipal govern-
ment.

Second. Whether it is desired that the proposed municipality
shall adopt the charter and seal of either of the municipalities inter-
ested, naming the municipality whose charter and seal it is proposed
to adopt.

Third. Setting forth the particular inducements for consolida-
tion, if any such there be, over and above the incidental and ordinary
benefits of citizenship in the proposed municipality.

Fourth. Appointing a committee whose duty it shall be to pre-
sent a certified copy of the ordinance to the council of the town with
which consolidation is proposed, and to confer with a similar commit-
tee therefrom, if such committee be appointed, and in conjunction with
such committee to adjust and settle the terms and conditions of con-
solidation, and to prepare and perfect an ordinance designed to effect
the desired consolidation.
3. Hf the council of the town with which consolidation is pro
posed does not agree to a conference upon the subject, it shall adop
a resolution declaring it inexpedient to do so; but if it does agree
thereto, it shall pass an ordinance in the manner hereinabove pre-
scribed, which shall recite the passage of such an ordinance by the
council of the other town, the receipt of a certified copy, and the
terms and conditions thereof, and which shall appoint a committee of
the same number as that appointed by the other town and charged
with similar duties.

4. The two committees thus appointed shall meet in joint session
as soon as may be, and a majority of each committee being present
and acting as separate units, shall proceed with such adjournments
from time to time as mav be desirable, prepare and perfect an ordi-
nance to be adopted by their respective municipalities, providing for
the consolidation proposed upon such terms and conditions as said
committees may agree and to be set forth therein. And such ordi-
nance shall be reported bv each committee to the council by which it
was appointed and shall thereafter be designated as the consolidation
ordinance. If the committee of the town first proposing such consoli-
dation shall by resolution determine that it is impossible to agree
upon an ordinance of consolidation with the committee of the other
town; or if the council of the town with which consolidation is pro-
posed shall not, within thirty days of the receipt of the certified copy
of the ordinance proposing consolidation, appoint a committee as
herein provided, then the town making the overtures of consolidation
mav pass an ordinance providing for the consolidation of said muni-
cipalities and petitioning the circuit court of the county in which is
situated the town receiving such overtures. or the judge thereof in
vacation, to call a special election. and such court or judge shall bv
an order direct the proper election officers of said town to take such
steps and prepare such means as may be necessary to submit to the
qualified electors of said town the auestion whether the proposed ordi-
nance of consolidation shall be effective or not. In case such ordi-
nance shall be ratified bv a majoritv vote of the qualified voters of
said town participating in such election. the proposed consolidation
shall be as effective as if the councils of the two municipalities had
themselves agreed upon the terms as provided hereinabove. Any elec-
tion by the peonle under the provisions of this act shall conform as
nearly as may be practicable to the provisions of chapter thirteen of
the Code.

5. The consolidation ordinance. where consolidation is deter-
mined bv action of the councils alone. to be effective must be nassed
by the resnective councils of each municipality bv a recorded affirma-
tive vote of the maiority of the members elected to the council; and
it shall be apnroved by the mavor of each of said municipalities. or
nassed over the mayor’s veto in the manner provided bv law that
if bv its terms the proposed consolidation 1s made dependent upon
an election, or if prior to the consideration for passage of the consoli-
dated ordinance one-fourth of the qualified voters of either munici-
pality shall petition the council thereof for an election, to be held to
determine whether such consolidation shall take effect, then instead
of the consideration and passage thereof by the council, it shall be the
duty of such council to petition the court, or the judge thereof in
vacation, as hereinbefore provided, to call a special election, and
thereupon said court, or the judge thereof in vacation, shall by an
order direct the proper election of officers of said town to take such
steps and prepare such means as may be necessary to submit to the
qualified electors of said town the question whether the proposed con-
solidation ordinance shall be effective or not. In case such ordinance
shall be ratified by a majority vote of the qualified voters of said
town participating in such election, the proposed consolidation, as far
as concerns said town, shall be as effective as if passed by the council
thereof as herein provided.

6. Before the consolidation ordinance shall be voted on by the
council of either town (unless by its terms the proposed consolidation
is made dependent upon an election) notice thereof shall be given by
publication of such ordinance in a newspaper published in each of said
towns at least once a week for four successive weeks, or if there be no
such newspaper published in said towns, or in either of them, then in
some newspaper having general circulation in the town concerned.
A printed copy of such consolidation ordinance shall be posted con-
spicuously throughout said towns in not less than ten public places in
each voting precinct thereof at least thirty days before the councils
thereof shall vote thereon, ‘bearing the attestation of the clerk of the
council and shall designate the day upon which the council will pro-
ceed to consider said ordinance. Upon the passage of the consolida-
tion ordinance by the councils of said towns as herein provided the
consolidation shall be effective, unless by the terms of the ordinance
the proposed consolidation shall be made dependent upon an election.

7. The elections herein provided for shall be held within sixty
days of the filing of the petition therefor and its returns made to
and be canvassed and certified by the same officials and in the same
manner as 1s provided by law for special elections, conforming thereto
as nearly as may be practicable, but the ballots to be used shall be
prepared, printed, stamped and distributed as in other special elections
marked as follows: “For consolidation” and “against consolidation”
and the voter shall indicate his preference by erasing one or the other
marking in the manner provided by law for voting and the certificate
of the judges of election shall be in the usual form, except that it shall
certify that --.....___ votes were cast for consolidation, and that
----.-.-.. votes were cast against consolidation. Contests of such
election shall be held in the manner provided by law for determining
one elections, conforming therewith as nearly as may be prac-
ticable.

8. Upon the adoption of such consolidation ordinance by both
municipalities, whether by their councils or by election, or by both, as
herein provided, a copy thereof duly attested by the clerk of the coun-
cil and by the mayor thereof, shall be certified to the secretary of
the Commonwealth, by whom it shall be certified to all departments of
the State government.

9. The consolidation ordinance may contain any provision for
the economical and convenient organization of the consolidated gov-
ernment of the office or offices of the previous organization of said
municipalities, and the extension of the jurisdiction of such as may be
retained or continued to the consolidated area or jurisdiction, not in-
consistent with the Constitution and laws of the Commonwealth.

10. Whenever two towns shall have effected consolidation in the
manner herein prescribed, they shall be and become consolidated into
one municipal corporation upon the terms set forth in the consolida-
tion ordinance, and shall be known and thenceforth called by the name
designated in said ordinance, and the boundaries, jurisdiction and
powers shall, for purposes of local administration and government,
be co-extensive with territory therein described.

11. No new registration shall be necessary in case of such con-
solidation, but all electors of both municipalities shall be transferred
to the proper registration books of the consolidated municipality, and
new registrations shall be made as provided by law just as if no con-
solidation had taken place.

12. The ordinances in force in said towns at the time of con-
solidation, in so far as they are not in conflict with the fact and ordi-
nance of consolidation, shall be continued in force and effect within
the former limits of said towns, subject to repeal or amendment by
the council of the consolidated municipality ; provided, however, that
in case of conflict between the ordinances of the two municipalities the
ordinances of that one whose charter is surrendered shall to the extent
of such conflict be void and of no effect.

13. If any right, title, interest, claim or case arise out of such
consolidation or by reason thereof which is not determinable by this
act, or by the Constitution and laws of the Commonwealth, the council
of the consolidated municipality may by ordinance make provision
therefor in such manner as may not be in contravention of law.

14. An emergency existing, this act shall be-in force from its
passage.