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 | 1950 |
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Law Number | 583 |
Subjects |
Law Body
CHAPTER 583
AN ACT to authorize consolidation of certain counties, cities and
towns into a single city or a single county.
[ H 292 ]
Approved April 11, 1950
Be it enacted by the General Assembly of Virginia:
1. §1. By complying with the requirements and procedure
hereinafter specified in this act, any one or more counties hav-
ing an area of less than sixty square miles of high land, and
any cities or towns, situate within the geographical boundaries
of such county, may consolidate into a single city; or any such
counties, cities, and towns may be consolidated into a single
county; provided, however, that nothing in this act shall be con-
strued to apply to or confer any powers upon any county having
a density of population in excess of two thousand per square
mile according to the last preceding United States census.
§ 2. (a) The board of supervisors, council or other gov-
erning body of such county, city or town or combination thereof
desiring to consolidate into a single city or into a single county,
may enter into a joint agreement for such consolidation, setting
forth in such consolidation agreement the following: (1) The
names of the several counties, cities and towns or combination
thereof which it is proposed to consolidate; (2) the name of the
city and/or county or counties into which it is proposed to con-
solidate; (3) the property, real and personal, belonging to each
county, city or town, and the assessed value thereof in current
money of the United States; (4) the indebtedness, bonded and
otherwise, of each such county, city and town; (5) the day upon
which the said consolidation agreement shall become effective;
(6) that if such agreement be for such consolidation into a city
then it may further provide that such consolidated city may
operate under the charter of any city within the consolidated
area with such alteration as is permitted herein; and (7) any
other provisions which may be properly embodied in such
agreement.
(b) 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, ask-
ing that a referendum on the question of consolidation of the
said counties, cities and towns, shall be filed with the judge of
the circuit court of the cities, counties, and towns proposed to
be consolidated.
§ 3. (a) 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
fifteen per centum of the qualified voters of the said county, city
or town voting in the last preceding presidential election, 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 of the
circuit court 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 the circuit court
having jurisdiction in the said city, county or town. 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 governing 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 or corporation court having juris-
diction in the said county, city and/or town shall appoint a com-
mittee of five qualified voters 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.
3-a. Any consolidation agreement adopted pursuant to
this act shall contain the following provisions:
(1) Designation of the county seat of any county into
which any city or town is proposed to be consolidated :
(2) The disposition of all property, real or personal, of
any county, city or town affected by the proposed consolidation,
including any and all debts due to any such county, city or town.
If the proposed consolidation is approved by a majority vote
of the voters of each county, city or town included therein, voting
in the election hereinafter provided for, then the title to all
property shall be vested in and the indebtedness become a debt
of, the consolidated city or county according to the plan or
agreement, without any further act or deed.
§ 3-b. Any such consolidation agreement or plan may
contain the following provision:
(1) That in the event of establishment of a consolidated
city, under the charter of any existing city, as provided herein,
there shall be a new election of councilmen therefor whose elec-
tion and qualifications shall terminate the terms of office of their
predecessors. The number and qualifications of such councilmen
shall be fixed by the consolidation agreement, and the court,
shall by its order provide for the timely election to fill the offices
of such councilmen. That in the event of establishment of a
consolidated county, the number and qualifications of such
supervisors shall be fixed by the consolidation agreement, and
the court, shall by its order provide for the timely election to
fill the offices of such supervisors. Provision may be made for the
exclusion from such new election of such elective officers as is
deemed desirable and in accordance with the provisions of
general law.
§ 3-c. The term qualified voters shall be construed to
mean the qualified voters as provided by general law for special
elections.
§ 4. (a) The governing bodies of such county, city, and/
or town which agree on a plan of consolidation shall together
cause one copy of the said consolidation agreement thereafter
to be printed in its county, city or town at least once a week for
four successive weeks in some newspapers published, or having
a general circulation in the said county, city or town.
(b) When the publication of the said consolidation agree-
ment, or plan for consolidation in each of the said counties, cities
and towns is completed, of which the certificate to the judge of
the circuit court having jurisdiction in the said counties, cities
and towns, from the owner, editor or manager of each newspaper
publishing the same, shall be provided, the judge of the circuit
court of the counties shall by order entered of record requiring
the regular election officers 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.
(c) The regular election officers, at the time designated in
the order authorizing the vote, shall open the polls at the vari-
ous voting places in their respective counties, cities and towns
and conduct the election in such manner as is provided by gen-
eral law for other elections 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 thereof and
distributed to the various election precincts thereof as provided
by law. The ballots used shall be printed and shall contain the
following:
NS) C0 | (here insert the names of
counties, cities and towns proposing to consolidate) consolidate
in accordance with the agreement entered into on .................. date
The squares to be printed on such ballots shall be not less
than one-fourth or more than one-half inch in size. Any person
voting at such election shal] place a check (\/) or across (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
canvassed as in other elections, and the results certified by the
commissioners of election to each of the judges of the circuit
courts having jurisdiction in the said counties, cities and towns
and to each of the judges of the corporation courts having juris-
diction 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 vot-
ing on the question submitted are in favor of the consolidation of
the said counties, cities and towns, the said judge shall enter such
fact of record; and upon the day prescribed in the order for the
consolidation agreement or the plan of consolidation to become
effective the said counties, cities and towns shall be consolidated
into a city or into a single county as proposed in the consolida-
tion agreement or plan.
§ 5. (a) Upon the day that the consolidation agreement
or plan takes effect the continuance of the counties, cities and
towns named in such agreement or plan other than the consoli-
dated city or consolidated county provided for therein shall
terminate. Except as provided by the consolidation agreement
the terms of office and the rights, powers, duties and compensa-
tion of the officers, agents and employees of such county, city or
town other than the consolidated city or consolidated county
specified in such agreement or plan, shall also then terminate.
(b) Any action or proceeding 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, or county or counties if any may be substi-
tuted according to where the cause of action arose.
(c) For the purpose of representation in the General As-
sembly the existing Senatorial and House Districts shall con-
tinue until changed in accordance with law.
(d) Unless and until changed by general law, the jurisdic-
tion and authority of the circuit courts having jurisdiction with-
in any area covered by the consolidation plan or agreement shall
remain unchanged.
§ 6-a. If the consolidation agreement or plan shall provide
for the consolidation of the counties, cities, and towns or any of
them into a single county, and such agreement or plan is ap-
proved by a majority of the voters voting in the election herein
above provided for, such county shall be governed by the form
of government in effect in any county included in such consoli-
dation plan and agreement, then the existence of such counties,
cities and towns as political subdivisions of the State shall cease
on the effective date set forth in the consolidation agreement, and
the governmental powers and function of such political sub-
divisions shall be transferred to the county therein provided
for, except as herein otherwise set forth. The streets of former
cities and towns which have been consolidated as a part of the
consolidated county shall become and remain a part of the State
highway system. Representation of the counties, cities and
towns in the General Assembly of Virginia shall continue to be
by the same geographical areas as it is immediately prior to
the effective date of the consolidation plan or agreement, until
changed by general law. All suits or actions or causes of action,
criminal or otherwise, pending by or against any such county,
city or town shall continue to exist and may be brought or con-
tinued by or against such consolidated county or city.
§ 7. This act shall, without reference to any other statute,
be full authority for the consolidation of such county or counties
and such city or cities and such town or towns or combination
thereof situate in a county containing less than sixty square
miles of high land area and with a density of population less
than two thousand per square mile, it being the purpose of this
act to provide an additional and supplemental method of con-
solidation applicable to such counties, cities and towns.