Chap. 99.—An ACT to provide for the extension of the corporate limits of cities
and towns.

Approved March 10, 1904.

1. Be it enacted by the general assembly of Virginia, That 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 an-
nexed to such +xwn or city, fifty-one per cent. of ite qualified voters shall
petition the judge of the circuit court, setting forth accurately the
inetes and bounds desired 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 rela-
tively when the said voters file the petitions as are hereinafter provided
in cases where the city files such petition.

2. 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 there-
after, move the circuit court of the county wherein the greater part of
such territory lies, or the judge who may be designated to hear the case,
to make an order authorizing and declaring the annexation 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 ordinance shall
be published at least once a week for four successive weeks in some news-
paper published in such city or town, and where there is no news-
paper published therein, then in a newspaper published in some neigh-
boring 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. 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 annexation 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 de-
termine by whom said appellate costs may be paid.

3. 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 this State, and the court, or such judge in vacation, shall hear
the case upon evidence introduced in the manner in which evidence is in-
troduced in common law cases, and shall ascertain and determine the ne-
cessity for or expediencv of annexation, and whether the terms, and con-
ditions set forth in said ordinance are reasonable and fair, and whether
fair and just provisions are made for the future management and im-
provement of such territory; and if the court or judge shall be satisfied
of the necessity for or expediency of such annexation, and that such con-
ditions and provisions are reasonable and fair, an order shall be entered
providing for the annexation of said territory. 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 provide for the reimbursement of the
county or counties of such just proportion of any existing debt of such
county or counties as may be determined in said proceeding, and also
for compensation to any county for any school-house or other public
building of such county located within the annexed territory, which
shall not be reserved in the proceeding to the county. 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 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 an-
nexation 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 adaptd to city im-
provements unless necessarily embraced in said compact body of land, or
which the city shall not need in the reasonably near future for develop-
ment. In making its decision as to the character and extent of annexa-
tion the court shall take into consideration as well, not only the develop-
ment of the city, but also the loss of revenue to the county. But the tax
rate upon the land anmexed shall not be increased for a period of five
years after such annexation, except upon the petition of a majority of
the freeholders of such territory to the city or town council, and all
revenues derived by such city or town from taxation in said territory
during su~h period, either on property or from other sources, including
licenses, t..11 be wholly expended by such city or town upon street,
sewer, light, water or other public improvement in said territory: pro-
vided, 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 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: provided, that said sum
to be so set apart and expended shall be reduced by the sum already
expended on said improvements under any other plan of annexation, and
provided, 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: and, pro-
vided, further, that 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 said twelve per centum of the assessed value, at the time of annexa-
tion, 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 coun-
cils are pending at the same time, the said court or judge shall consoli-
date 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.

4. The county levies imposed on persons and property within such
territory for the current fiscal year in which such annexation is made
shall be paid to such county. The clerk of the court of such county,
in whose oftice the land books are filed, shall forthwith make and cer-
tify to the commissioner of the revenue of such city from said land
books a list of all real estate within the annexed territory as it appears
on such land books, embracing every entry thereon in regard ‘thereto,
for which service he shall be paid by such city the fees allowed by law
for similar services.

5. An appeal may be granted by the supreme court of appeals, or any
judge thereof, to either party from the judgment of the court, and the
appeal shall be heard and determined without reference to the principles
of demurrer to evidence—the evidence to be considered as an appeal in
chancery cases, and costs in the circuit court shall Me awarded as the
said court shall determine. The costs in the supreme court of appeals
shall be awarded to the party substantially prevailing: provided, that in
any case by consent of all parties of record the motion to annex may be
dismissed at any time before final judgment on appeal. _

6. If the judgment of the circuit court be reversed on appeal, or if
the judgment be modified, the appellate court shall enter such order as
the circuit court should have entered, and such order shall be final. If
the court shall refuse to annex a portion of the territory embraced in
the ordinance offered by said city, it shall not, during three years next
succeeding the entry of the final order in the proceeding, attempt to
have annexed amy portion of the territory embraced in such ordinance
and not annexed. The provisions of this statute shall apply to the an-
nexation by a city or town of an adjoining town, but shall not apply to
the consolidation of two cities. The city or town amnexing such town
shall assume all the indebtedness of the town so annexed, and shall own
all the corporate property, franchises and rights of said town.

%. The clerk of the court wherein there is an order entered for the
annexation of territory to any city or town of this Commonwealth,
under the provisions of this act, shall make and certify a copy of so
much of the orders and proceedings in the causes as shall show the
authorization of the transfer of territory from any county or counties to
any city or town, or of the territory of any town to any city or town, as
the case may be, and deliver or transmit the same, and along therewith
a full description of the territory so annexed, to the county clerk of any
county whose territory is affected thereby, who shall forthwith record:
the same in the name of the city or town in which such territory is an-
nexed; and shall also certify a copy of such proceedings and orders to
the clerk of the court of such city in which deeds are recorded, who shall
likewise record and index the same. The fees of the clerk for such
recordation shall be the same as for recording a deed, and the said fees,
as well as the fees of the clerk for making the copies aforesaid, shall be
paid by the said city or town.

8. Whenever, by extension of its territorial limits as aforesaid, ter-
ritory is annexed to a city or town, the council thereof shall, by ordi-
nance, organize the same into a new ward or wards, and shall forthwith
select the proper number of councilmen from the residents and qualified
voters of such new ward or wards, to serve until the next general elec-
tion, or attach the same to existing ward or wards, under such regula-
tions as are provided by law. ‘This shall be done long enough before the
next ensuing general city election to enable electors in such annexed
territory to register. All electors residing in such annexed territory
shall be entitled to transfers to the proper poll-books in said city or town
without again registering therein. Any person residing in said territory
who shall not have registered shall be entitled to register in said city or
town if he would have been entitled to register and vote at the next suc-
ceeding election in said county or town. But the failure of the council
to so district said ferritory shall not invalidate amy election held in said
city or town.

9. Mandamus and prohibition shall lie from the supreme court of
appeals or any circuit court to compel a city or town to carry out said
terms and conditions, or to forbid any violation of the same.

10. The boundaries of the cities and towns of this State shall be and
remain as now established until changed as herein provided.

11. In case where territory is so annexed that any county or district
officer shall reside in such annexed territory, then in that event such
officer shall continue in office until the end of the term for which he
was elected or appointed, as if he were a resident of the territory not
annexed.

(12. Provided that no city or town in extending its corporate limits
under the provisions of this act shall include the territory of any national
soldiers’ horne for disabled volunteer soldiers whose inmates, by reason
of their residence in such home, do not acquire the rights of citizenship,
and the property of which institution is not taxable for State or munici-
pal purposes, nor shall such city or town enumerate in its census the
inmates of such homes as a part of its population. Provided, further,
that if any city or town, when extending its corporate limits under the
provisions of this act, shall include in such new corporate limits the
grounds of any normal and agricultural institute of this State, the
property of which is not taxable for State or municipal purposes, then
only such persons as have acquired a permanent right in such institution
shall be included in the enumeration of population or census of such
city or town.