An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1924 |
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Law Number | 441 |
Subjects |
Law Body
Chap. 441.—An ACT to amend and re-enact section twenty-nine hundred and fifty-
six and section twenty-nine hundred and fifty-seven of the Code of Virginia,
and to amend and re-enact section twenty-nine hundred and fifty-eight of the
Code of Virginia, as amended by an act approved March 10, 1920. TH B 278)
Approved March 21, 1924.
1. Be it enacted by the general assembly of Virginia, That section
twenty-nine hundred and fifty-six and section twenty-nine hundred and
fifty-seven and section twenty-nine hundred and fifty-eight of the Code
of Virginia, as amended by an act approved March tenth, nineteen hun-
dred and twenty, be amended and re-enacted so as to read as follows:
Section 2956. Steps preliminary to annexation.—Whenever it is
deemed desirable by any city or town to annex any territory to such city
or town, its council shall declare by an ordinance, which shall be passed
by a recorded affirmative vote of a majority of all the members elected
to the council, or to each branch thereof, when there are two, that it
desires to annex certain territory and shall accurately describe therein
the metes and bounds of the territory proposed to be acquired, and set
forth the necessity for or expediency of annexation, and the terms and
conditions upon which it desires to annex such territory, as well as the
provisions which are made for its future management and improvement.
And whenever it is deemed desirable by any outlying territory adjacent
to a town, or city that such territory should be annexed to such town or
city fifty-one per centum of its qualified voters shall petition the judge
of the circuit court, setting forth accurately the metes and bounds de-
sired to be annexed to such city or town, and shall give such notices
to the city council as are hereinafter prescribed to be given by the city
when the city takes the initiative, and the city and county shall have the
same rights, powers, duties, and privileges relatively when the said voters
file the petitions as are hereinafter provided in cases where the city files
such petitions.
Section 2957. Notice to be given county; how executed; special
election held; cost and fees, how paid; who may be parties.—In any
annexation proceeding instituted the city or town shall give notice to
the Commonwealth’s attorney and the board of supervisors of the county
or counties wherein such territory lies, that it will, on a given day, not
less than thirty days thereafter, move the circuit court of the county
wherein the greater part of such territory lies, or the judges who shal]
hear the case, to make an order authorizing and declaring the annexa-
tion provided for in the said ordinance, with which notice shall be served
a certified copy of such ordinance. A copy of the said notice and or-
dinance shall be published at least once a week for four successive weeks
in some newspaper published in such city, or town, and where there is
no newspaper published therein, then in a newspaper published in some
neighboring city or town having circulation in the county or counties
whose territory is to be affected. The notice and ordinance, after being
served as aforesaid, shall be returned to the clerk of said circuit court,
and when the publication thereof is completed, of which the certificate
of the owner, editor, or manager of the newspaper publishing the same
shall be proof, the case shall be docketed for hearing. In any proceed-
ings hereunder any qualified voters or any free holders in the territory
proposed to be annexed may, by petition, become parties to such pro-
ceeding. Any county whose territory is affected by the proceedings, or
any persons affected thereby, may appear and make themselves parties
defendant to-the case, and be represented by counsel. The fees for the
service of papers herein required shall be the same as those prescribed
by law for similar service, and whenever a city or town asks for the an-
nexation of any such territory, said fees and all other court costs shall
be paid by said city or town except such as may be incurred on appeal,
when the court shall determine by whom said appellate costs may be
paid. ;
Section 2958. How case heard and by whom and what order shall
contain.—The court, without a jury, shall be held and presided over by
three judges, as follows: the judge of the circuit court of the county in
which the territory sought to be annexed lies; the judge of the circuit
court of the city to which the territory is to be annexed and a judge of
some circuit court in this State remote from the territory to be annexed,
to be designated by the governor, and when the circuit judge of the
city and of the county in which the territory lies is the same, the gover-
nor shall designate a third judge from an adjoining circuit. Such court
shall hear the case upon the evidence introduced in the manner in which
evidence is introduced in common law cases, and shall ascertain and
determine the necessity for an 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 man-
agement and improvement of such territory; and if the majority of the
court shall be satisfied of the necessity for or expediency of such annexa-
tion, that such conditions and provisions are reasonable and fair, and
that, after the special election held as provided for in section twenty-
nine hundred and fifty-seven, an order shall be entered providing for the
annexation of such territory. But if a majority of the court shall be of
the 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 provide for the re1mbursement 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 way of
the construction of concrete roads or streets, or otherwise permanently
improving roads or streets, or by constructing concrete sidewalks on
public roads or streets, or by constructing or laying water mains or
sewers, garbage disposal systems, fire protection facilities, bridges or
any other permanent public improvement, constructed and maintained
by such county or counties at the time of annexation, as may be deter-
mined by the court in the proceeding in the determination of which
value the court shall take into consideration the value of such public
improvements to the city or town seeking annexation as well as the
county or counties affected thereby; 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 deter-
mined by the court, for such sums, if any, as it may have contributed to
such public improvements; and provided, further, that the authorities
of the county or counties portions of which are proposed to be annexed
or the authorities of any town or township in the territory proposed to
be annexed, shall not, between the entry of the decree of annexation and
the date when the same is to become effective, make or contract to
make any permanent public improvements, to be paid for by the city
or town seeking annexation, without the consent of the corporate au-
thorities of such city or town and the supervision of the official of such
city or town charged with the duty of making similar public improve-
ments within the city or town. And such city or town shall also provide
for the compensation to such county or counties for the then value of
any schoolhouse 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 schoolhouse therein by reason of the annexation
made. If, however, the court shall be of opinion that the annexation
of only a part of such territory 1s 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
annexed, 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
adapted to city improvements unless necessarily embraced in said com-
pact 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 voters of such territory to the city or town council,
and all revenues derived by such city or town from taxation in said terri-
tory during such period, either on property or from other sources, in-
cluding licenses, shall be wholly expended by such city or town upon
street, sewer, light, water, or other public improvement in said terri-
tory; provided, however, 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 improve-
ments shall have been substantially completed, the land annexed shal]
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 terri-
tory 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 annexa-
tion, 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 annexed,
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 cities or towns desire
the same territory and petitions of their respective councils are pending
at the same time, the said court shall consolidate said cases and hear
them together, and enter such order as to it shall seem proper, declaring
to which city or town said territory shall be annexed and the terms and
conditions of annexation as in other cases.