Chap. 354.—An ACT to amend and reenact Chapter 395 of the Acts of Assembly
of 1940, approved April 1, 1940, so as to authorize consolidation of certain
counties, cities and towns into a single city or a single county or a single
city and one or more counties, and to add three new sections to such chapter
numbered 3-a, 3-b and 6-a relating to the consolidation agreements and plans.

[H 508]
Approved March 31, 1948

Be it enacted by the General Assembly of Virginia:

1. That chapter three hundred ninety-five of the Acts of Assembly
of nineteen hundred forty, approved April one, nineteen hundred forty,
be amended and reenacted and that such chapter be further amended by
adding three new sections numbered three-a, three-b and six-a as follows:

Section 1. By complying with the requirements and procedure here-
inafter specified in this act, any one or more counties having an area
of less than seventy-five square miles of high land, 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 thirty thousand
inhabitants, all according to the last preceding United States census, may
consolidate with such city having a population in excess of thirty thou-
sand; into a single city; or into a single city and the remaining portions
of such counties not so consolidated with such city may be consolidated
with each other or with adjoining or adjacent counties into one or more
counties; or any such counties and cities may be consolidated into a
single county or more than one county; 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 two thousand 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 govern-
ing body of such county, city or town desiring to consolidate with another
city into a single city or into a single city and one or more counties or
into a single county, may enter into a joint agreement for such consolida-
tion, setting forth in such consolidation agreement the following: (1)
The names of the several counties, cities and towns which it is proposed
to consolidate; (2) the name of the city and/or county or counties into
which it is proposed 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 otherwise, 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 preparation
of such agreement, and may pay the members of such advisory com-
mittee 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, or circuit court if there is
no corporation court.

(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 corporation courts having jurisdiction in the
counties, cities and towns parties to said agreement.

(d) Where a regional planning commission has been established
in accordance with the provisions of chapter fifty of the Acts of Assembly
of nineteen hundred forty-four and such commission develops a plan
for consolidation of the area or a portion thereof into a single city or a
single city and one or more counties, or a single county, then such plan
may be used as the basis for such a consolidation agreement as is
contemplated in this act.

Section 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 ten percentum 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 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 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.

(b) If a regional planning commission established in accordance
with chapter fifty, Acts of Assembly, nineteen hundred forty-four has
presented a plan for consolidation of the area into a single city or a
single city and one or more counties or a single county and no agree-
ment has within six months thereafter been reached by the governing
body of any such county, city or town, then upon a petition signed by
not less than ten per centum of the qualified voters of the county, city
or town voting in the last preceding general election but in no case less
than fifty, the circuit court having jurisdiction in the county or town
or the corporation court of the city or circuit court of the city if there
be no corporation court shall order an election to be held as provided
in section four of this act.

Section 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 two
or more counties or parts thereof are 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;

(3) Reimbursement for, or assumption of a just proportion of any
existing debt of any county, city or town, territory of which is proposed
to be consolidated with a single city or one or more counties by the
consolidated city or the appropriate county or counties existing or
proposed to be created by the consolidation.

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 respective counties,
cities and towns according to the plan or agreement, without any further
act or deed.

Section 3-b. Any such consolidation agreement or plan may contain
any of the following provisions :

(1) That in any territory a part of the consolidated city, or county
proposed to be included therein there shall be no increase in assessments,
except for permanent improvements made after the consolidation, for a
period of not exceeding five years ;

(2) That the rate of tax on real property in any such territory
shall not be increased for a period of five years ;

(3) That in any area specified in such agreement or plan there
may, for the purpose of repaying existing indebtedness chargeable to
such area prior to consolidation, be levied a special tax on real property
for a period of not exceeding twenty years, which may be different
from and in addition to the general tax rate throughout the entire
consolidated city, or county, or counties, as the case may be.

(4) That geographical subdivisions of the consolidated city, to be
known as boroughs, may be established, which may be the same as the
existing cities, towns, counties or portions of-counties included in the
consolidated city, and may be the same as the temporary special debt
districts referred to in subsection (3) of this section; the names of such
boroughs shall be set forth in the consolidation agreement.
(5) That geographical subdivisions of the consolidated county or
counties, to be known as shires, may be established, which shall be the
same as and bear the names of the existing counties or portions of
counties included in the consolidated county or counties, and may be
the same as the temporary special debt districts referred to in subsection
(3) of this section.

(6) That in event of consolidation of such counties and cities into
a single county, there may be established geographical subdivisions of
such county, to be known as boroughs, which shall be the same as and
bear the names of the existing cities and towns, and shires, which shall
be the same as and bear the names of the existing counties.

(7) In the event of the establishment of such shires or boroughs,
it shall be the duty of the State Highway Commission and the Virginia
Conservation Commission to erect suitable monuments or markers
indicating the limits of such geographical subdivisions and setting forth
the history of each.

(8) That in the event of establishment of a consolidated city, there
shall be a new election of officers therefor whose election and qualifica-
tion shall terminate the terms of office of their predecessors; provision
may be made for the exclusion from such new election of such elective
officers as is deemed desirable.

Section 4. (a) The governing body of each such county, city or
town shall cause a 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 newspaper published, or having a general
circulation in, the said county, city or town.

(b) When the publication of the said consolidation agreement, or
plan for consolidation 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 respective 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 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, if
any; or if such election be on a plan of consolidation presented by a
regional planning commission, it shall be held not less than sixty nor
more than ninety days from the date of such order; but no such election
shall be held within thirty days of any regular election. Such order shall
specify the date on which, if a majority of the voters voting in the
election vote in favor of consolidation, the consolidation agreement or
plan shall become effective, which shall be not less than sixty nor more
than one hundred twenty days after such 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 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 :
SNR scscsrcacenpcannsvessonescexe (here insert the names of counties, cities
and towns proposing to consolidate) consolidate ?
O For
O 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 (\/) or a cross (X or +) ora
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 and towns and to each of the judges of the corpora-
tion courts having jurisdiction in the said cities proposed to be consoli-
dated. 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 consolidation 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 order for the consolidation agreement or the plan of consolidation
to become effective the said counties, cities and towns shall be consoli-
dated into a city or into a city and one or more counties or into a single
county as proposed in the consolidation agreement or plan.

- Section 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 consolidated city and any
county or counties provided for therein and any county only a portion
of which is to be included within the consolidated city or any county
or counties provided for in the agreement or plan 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, city or town
other than the consolidated city specified in such agreement or plan.
In case such agreement or plan provides for consolidation of the area
into one or more new counties, then the judge or judges of the court
or courts having jurisdiction within the area comprised by the consoli-
dated county or counties shall order an election to be held not less than
thirty nor more than ninety days after the date upon which the referen-
dum provided for in section four hereof was held, but at least thirty
days before the effective date of such consolidation agreement or plan,
at which election officers for the new county or counties shall be elected.

(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 consolidation city, or county
or counties if any may be substituted according to where the cause of
action arose.

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

(d) Unless and until changed by general law, the jurisdiction and
authority of the circuit courts having jurisdiction within any area
covered by the consolidation plan or agreement shall remain unchanged ;
provided, that if the consolidation plan or agreement provides for the
consolidation of the county or counties, cities and towns into a single
county, and such plan or agreement is approved by a majority of the
voters voting in the election called as hereinabove provided, then the
jurisdiction of the circuit or corporation courts of each such county and
city shall remain unchanged, within the geographical limits of the several
counties, cities and towns as they exist immediately prior to the effective
date of the consolidation plan or agreement, unless and until changed
by general law.

Section 6. An entire county may be consolidated with a city or a
city and one or more counties 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. If the territory comprised within the limits of any such
town be included in the consolidated city, then the charter of any such
town shall be revoked and such town shall be for all purposes a part of
such city; if such territory be included within a county or counties, then
such charter shall remain in full force and effect and be unaffected by
such consolidation. .

Section 6-a. If the consolidation agreement or plan shall provide
for the consolidation of the county or counties, cities and towns or any
of them into a single county, and such agreement or plan is approved
by a majority of the voters voting in the election hereinabove provided
for, then the existence of such county or counties, cities and towns as
political subdivisions of the State shall cease on the effective date set
forth in the order calling such election, and the governmental powers
and functions of such political subdivisions 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 geo-
graphical areas as it is immediately prior to the effective date of the con-
solidation plan or agreement, until changed by general law. All property,
real and personal, of each such county, city or town shall be transferred to
and vested in such consolidated county. All suits or actions or causes of
action pending by or against any such county, city, or town shall continue
to exist and may be brought or continued by or against such consolidated
county.

Section 7. This act shall, without reference to any other statute, be
full authority for the consolidation of such counties or parts thereof, and
such cities and towns with an adjoining or adjacent city having a
population in excess of thirty thousand or such city and one or more
counties, it being the purpose of this act to provide an additional and
supplemental method of consolidation applicable to such counties, cities
and towns.