Chap. 304.—An ACT to amend the Code of Virginia by adding thereto six new
sections, numbered 2684-a to 2684-f, beth inclusive, in relation to authorizing
two or more adjoining counties to consolidate, and prescribing the require-
ments and procedure to be followed. | [S B 128]

Approved March 24, 1932.

1. Be it enacted by the general assembly of Virginia, That the
Code of Virginia be amended by adding thereto six new sections,
numbered twenty-six hundred and eighty-four-a to twenty-six hundred
and eighty-four-f, both inclusive, so as to read as follows:

Section 2684-a. Any two or more adjoining counties in the State
are hereby authorized to consolidate into a single county by complying
with the requirements and procedure herein specified.

Section 2684-b. The boards of supervisors of any two or more
adjoining counties desiring to consolidate their respective counties into
a single county, may enter into a joint agreement for the consolidation
of such counties, setting forth in such consolidation agreement:

First. The names of the several counties which they propose to be
consolidated ;

Second. The name under which it is proposed to consolidate the
said counties, which name shall be such as to distinguish it from the
name of any other county in Virginia, other than the consolidating
counties ; |

Third. The property, real and personal, belonging to each county,
and the fair value thereof in current money of the United States;
Fourth. The indebtedness, bonded and otherwise, of each county;
and,

Fifth. The proposed name and location of the county seat of the
consolidated county.

Sixth. If the said counties have different forms of county organiza-
tion and government, the proposed form of county organization and
government of the consolidated county.

Seventh. Terms of agreement. .

The board of supervisors of each of the said counties shall have
authority to appoint an advisory committee composed of three persons
to assist the said board in the preparation of such agreement, and to
pay the members of such advisory committee reasonable compensation,
approved by the judge of the circuit court of the said county.

The original of the consolidation agreement, together with a petition
on behalf of the several boards of supervisors, signed by the chairman
and the clerk of each of said boards, asking that a referendum on the
question of consolidation of the several counties, shall be filed with the
judge or one of the judges of the circuit courts of the said counties;
there shall be filed with each of the other said judges, a copy of the
consolidation agreement and of the petition.

Section 2684-c. The qualified voters of any county whose board
of supervisors has not taken the initiative under the preceding section,
may by filing with the board of supervisors of the said county a petition,
signed by not less than ten per cent of the qualified voters of said
county which in no case shall be less than one hundred qualified voters
of the said county, asking the said board to effect, in accordance with
the preceding section, a consolidation agreement with such county or
counties as shall be named in the said petition and to petition the
judge for a referendum on the said question, require the said board
to so proceed. A copy of the petition of the voters shall also be filed
with the judge of the circuit court of the county. If the said board of
supervisors is able within six months thereafter to effect such con-
solidation agreement, the procedure shall be the same as hereinbefore
set forth. If the said board 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 of the said county shall appoint a com-
mittee of five representative citizens of the county, to act for and in
lieu of the said board of supervisors in perfecting the said consolida-
tion agreement and in petitioning for a referendum.

Section 2684-d. First. The board of supervisors shall cause a
copy of the said consolidation agreement thereafter to be published in
each county which it is proposed to consolidate at least once a week
for four successive weeks in some newspaper published or having a
general circulation in the said county, and a copy of the said agree-
ment to be posted at the front door of the courthouse of each county.

Second. When the publication of the said consolidation agreement
in each of the said counties is completed, of which the certificate to
the judge or judges of the circuit courts of the said counties from the
owner, editor, or manager of each newspaper publishing the same shall
be proof, the judge or judges of the circuit courts of the said counties
shall by order entered of record in each of such counties require the
regular election officers of such county at the next regular election, or
on the day fixed in the said order, which day shall be the same in
each of the counties proposing to consolidate, to open a poll and take
the sense of the qualified voters of the county on the question sub-
mitted 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. .

Third. 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 and conduct the election in such
manner as is provided by general law for other elections, in so far as
the same is applicable. The election shall be by secret ballot. The
ballots for each county shall be prepared by the electoral board thereof
and distributed to the various election precincts therein as provided
by law. The ballots used shall be printed and shall contain the
following:

Shall....(here insert names of counties proposing to consolidate)
counties consolidate pursuant to consolidation agreement?
For
AGAINST

(Strike out one)

Fourth. The ballots shall be counted, returns made and canvassed
as in other elections, and the results certified by the commissioners of
election to the judge or judges of the circuit courts of the said counties.
If it shall appear by the report of the commissioners of election that
a majority of the qualified voters of each county voting on the ques-
tion submitted are in favor of the consolidation of the said counties,
the judge or judges shall enter of record in each county such fact.

Section 2684-e. At the next succeeding regular November election
held at least sixty days after the election at which the consolidation is
approved by the voters, there shall be elected for the consolidated
county and for the magisterial districts thereof, all county and district
officers provided for or by general law, their terms shall begin on the
first day of January next succeeding their election, at which time they
shall replace all elective county and district officers of the counties
consolidated into the consolidated county whose terms shall on such
day terminate, and shall expire on the first day of January next suc-
ceeding the regular election of county and district officers in the State.

All appointive county and district officers shall be appointed by the
person, board or authority upon whom the power to appoint such
officers in other counties is conferred. The terms of such officers shall
commence on the first day of January next succeeding the first election
of officers for the consolidated county, and shall continue, unless other-
wise removed, until their successors have been appointed and qualified.
The successors of all such officers whose first election or appoint-
ment is herein provided for, shall thereafter be elected or appointed,
at the time, in the manner, and for the terms provided by general law.

Section 2684-f. First. Upon the first day of January following
the first election of county and district officers for the consolidated
county, the several counties shall be thereafter for all purposes treated
and considered as one county, under the name and upon the terms and
conditions set forth in the said consolidation agreement and in sections
twenty-six hundred and eighty-four-a to twenty-six hundred and eighty-
four-f, both inclusive, of the Code; and all the rights, privileges, and
franchises of each of the said several counties, and all property, real
and personal, and all debts due on whatever account, as well as other
things in action, belonging to each of such counties, shall be deemed
as transferred to and vested in the said consolidated county, 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 con-
solidated county as they were of the several counties prior to 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, shall

not be deemed to revert or be in any way impaired by reason of this
consolidation ; but the rights of creditors and all liens upon the property
of any of the said counties shall be preserved unimpaired; and the
respective counties shall be deemed to continue in existence to preserve
the same and all debts, liabilities and duties of any of the said counties
shall thenceforth attach to said consolidated county and be enforced
against it to the same extent as if the said debts, liabilities and duties
had been incurred or contracted by it.

Second. Suits may be brought and maintained against such con-
solidated county in any of the courts of this State in the same manner
as against any other county.

Third. Any action or proceeding = by or against either of
the counties consolidated may be prosecuted to judgment as if such
consolidation had not taken place; or the consolidated county may be
substituted in its place.

Fourth. The magisterial districts, school -districts, election districts
and voting places in the consolidated county shall continue as in the
several counties prior to consolidation, unless and until changed in ac-
cordance with law.

Fifth. Until changed by law, the same judicial circuits shall con-
tinue, though it may result in the consolidated county being a part
of two or more circuits. All such courts shall, however, be held at
the place designated as the county seat of the consolidated county,
and each such court and the judge thereof shall continue to have and
exercise the same jurisdiction as it or he had and exercised before
such consolidation. If two or more judges have jurisdiction in any
consolidated county, they or a majority of them shall exercise the power
to appoint officers and fill vacancies as is vested in judges of circuit
courts of other counties.
Sixth. For the purpose of representation in congress and in the
general assembly, the existing congressional senatorial and house dis-
tricts shall continue until changed in accordance with law.

Seventh. Such consolidated county shall in all respects, except as
otherwise provided herein, be subject to all the obligations and liabili-
ties imposed, and shall possess all the rights, powers, and privileges
vested by law in other counties.