Chap. 395.—An ACT to authorize and empower certain counties, and parts thereof,
and certain cities and towns, either adjacent to or adjoining certain cities, to
consolidate with any such city into a single city. [H B 497)

Approved April 1, 1940

1. Beit enacted by the General Assembly of Virginia, as follows:

Section 1. Any one or more counties having an area of less than
seventy square miles, and any city or town, where such county, city
or town, as the case may be, either adjoins or is adjacent to any city
having a population in excess of twenty-five thousand inhabitants,
all according to the last preceding United States census, may con-
solidate with such city having a population in excess of twenty-five
thousand by complying with the requirements and procedure herein-
after specified in this Act; provided, however, that nothing in this act
shall be construed to apply to or confer any powers upon any county
having a density of population in excess of six hundred per square mile
according to such census, or apply to or confer any powers upon any
city adjoining any such county.

Section 2. (a) The board of supervisors, council or other governing
body of such county, city or town desiring to consolidate with another
city into a single city may enter into a joint agreement for such con-
solidation, setting forth in such consolidation agreement the following:
(1) The names of the several counties, cities and towns which it is pro-
posed to consolidate; (2) the name of the city under which it is pro-
posed to consolidate; (3) the property, real and personal, belonging to
each such county, city or town, and the fair value thereof in current
money of the United States; (4) the indebtedness, bonded and other-
wise, of each such county, city or town; (5) the day upon which the
said consolidation agreement shall become effective; and (6) any other
provisions which may be properly embodied in such agreement.

(b) Each such board of supervisors, council or other governing
body may appoint an advisory committee composed of three persons
to assist the said board, council or other governing body in the prepara-
tion of such agreement, and may pay the members of such advisory
committee reasonable compensation, approved as to a county by the
judge of the circuit court thereof, as to a town by the judge of the
circuit court of the county in which such town is situated, and as to a
city by the judge of the corporation court thereof.

(c) The original of the consolidation agreement, together with a
petition on behalf of the several boards of supervisors, councils, or
other governing bodies, signed by the chairman and the clerk of each
of the said boards, councils or other bodies, asking that a referendum
on the question of consolidation of the said counties, cities and towns,
shall be filed with the judge of the corporation court of the city with
which such other cities, counties and towns propose to consolidate; a
copy of the said agreement shall be filed with the judge of each circuit
court and the judge of each of the other corporation courts having
jurisdiction in the counties, cities and towns parties to said agreement.

Section 3. The qualified voters of any county, city or town whose
board of supervisors, council or other governing body has not taken
the initiative under the preceding section, may file with the board of
supervisors, council or other governing body of such county, city or
town a petition signed by not less than ten per centum of the qualified
voters of the said county, city or town, which number in no case shall
be less than fifty, asking the said board, council or other body to effect
in accordance with the preceding section, a consolidation agreement
with the counties, cities and towns named in the said petition and to
petition the judge for a referendum on the said question, require the
said board, council or body so to proceed. A copy of the petition of
the voters shall also be filed with the judge of each circuit court having
jurisdiction in the said county or town or the judge of the corporation
court in the said city. If the said board, council or other body is able
within six months thereafter to effect such consolidation agreement,
the procedure shall be the same as hereinbefore set forth. If the said
board, council or other body within the said period of time is unable,
or for any reason fails, to perfect such consolidation agreement then
the judge of the circuit court having jurisdiction in the said county or
town or the judge of the corporation court of the city shall appoint a
committee of five representative citizens of the said county, city or
town to act for and in lieu of the board of supervisors, council or other
governing body in perfecting the said consolidation agreement and in
petitioning for a referendum.

Section 4. (a) The board of supervisors, council or other governing
body of each county, city or town shall cause a copy of the said con-
solidation agreement thereafter to be printed in its county, city or
town at least once a week for four successive weeks in some newspaper
published, or having a general circulation in, the said county, city or
town.

(b) When the publication of the said consolidation agreement,
in each of the said counties, cities and towns is completed, of which the
certificate to the judges of the circuit courts having jurisdiction in the
said counties and towns and to the judges of the corporation court
having jurisdiction in the said cities, from the owner, editor or manager
of each newspaper publishing the same, shall be provided, the respec-
tive judges of the circuit courts of the counties and the corporation
courts of the cities, shall by order entered of record in each such county
and city requiring the regular election officers thereof of such counties,
cities and towns at the next regular November election, or on the day
fixed in the said order, which date shall be the same in each of the
counties, cities and towns proposing to consolidate, to open a poll and
take the sense of the qualified voters of each such county, city and
town on the question submitted as hereinafter provided. If a special
election is called it shall be held not less than thirty days nor more than
sixty days from the completion of the consolidation agreement, but
not within thirty days of any regular election.

(c) The regular election officers, at the time designated in the
order authorizing the vote, shall open the polls at the various voting
places in their respective counties, cities and towns and conduct the
election in such manner as is provided by general law for other elec-
tions in so far as the same is applicable. The ballots for each county,
including the towns therein, and for each city shall be prepared by the
electoral boards thereef and distributed to the various election pre-
cincts thereof as provided by law. The ballots used shall be printed
and shall contain the following:

Shall... 0... ee ee ee eee eee (here insert the names of counties,
cities and towns proposing to consolidate) consolidate?

[_] For
[_] Against

The squares to be printed on such ballots are to be not less than
one-fourth or more than one-half inch in size. Any person voting at
such election shall place a check (4/), or a cross (X or +), or a line
(—) in the square before the appropriate word indicating how he
desires to vote on the question submitted.

(d) The ballots shall be counted and returns made and can-
vassed as in other elections, and the results certified by the commis-
sioners of election to each of the judges of the circuit courts having
jurisdiction in the said counties and towns and to each of the judges of
the corporation courts having jurisdiction in the said cities proposed to
be consolidated. If it shall appear by the report of the commissioners of
election that a majority of the qualified voters of each county, city
and town voting on the question submitted are in favor of the con-
solidation of the said counties, cities and towns, the said judge or
judges shall enter such fact of record in each such county and city;
and upon the day prescribed in the said consolidation agreement for
the said agreement to become effective the said counties, cities and
towns shall be consolidated with the city, hereinafter referred to as
the consolidated city, as proposed in the consolidation agreement,
into a single city.

Section 5. (a) Upon the day that the consolidation agreement
takes effect the continuance of the counties and towns and cities
named in the consolidation agreement, other than the consolidated
city, shall terminate, as shall the terms of office and the rights, powers,
duties and compensation of the officers, agents and employees of each
such county, town and city other than of the said consolidated city.
All the rights, privileges and franchises of each of the said counties,
cities and towns and all property, real and personal, and all debts due
on what other account, as well as other things in action, belonging to
each such county, city and town shall be transferred to and vested in
the consolidated city, without further act or deed; and all property,
all rights of way and all and every other interest shall be as effectually
the property of the consolidated city as they were of the several
counties, cities and towns prior to the said consolidation; and the title
to real estate, either by deed or otherwise, under the laws of this
State, vested in any of the said counties, cities and towns shall not
be deemed to revert or be in any way impaired by reason of such
consolidation; but the rights of creditors and all liens upon the prop-
erty of any of the said counties, cities and towns shall be preserved
unimpaired, and all debts, liabilities and duties of the said counties,
cities and towns shall continue and shall thenceforth attach to the
consolidated city and be enforced against it to the same extent as if
the said debts, liabilities and duties had been incurred or contracted
by it prior to such consolidation.

(b) Any action or procedure pending by or against any counties,
cities or towns so consolidated may be perfected to judgment as if
such consolidation had not taken place, or the consolidated city may
be substituted in its place.

(c) For the purpose of representation in the General Assembly
the existing Senatorial and House Districts shall continue until
changed in accordance with law.

Section 6. A portion of the county may be consolidated with an
adjoining or adjacent city under the foregoing provisions of this act;
in such event the board of supervisors or other governing body shall
designate the portion of the county proposed to be consolidated and
shall act only with reference to such portion. An entire county may
be consolidated with a city in accordance with the foregoing provi-
sions of this act without the necessity of any action concerning the
same being taken by the council or other governing body of any town
situated in such county.

Section 7. This act shall, without reference to any other act of
the General Assembly, be full authority for the consolidation of such
counties, and parts thereof, and such cities and towns with an ad-
joining or adjacent city having a population in excess of twenty-five
thousand, it being the purpose of this act to provide an additional
and supplemental method for such consolidations applicable to such
counties, cities and towns.