CHAPTER 554

An Act to amend and reenact §§ 15-220, as amended, 15-221, 15-222.8, as
amended, 15-224, 15-280 and 15-281.3 of the Code of Virginia, relat-
ing to consolidation of counties, cities and towns, localities which may
consolidate, consolidation agreement and referendum, optional pro-
visions of consolidation agreement, order for election, effect of con-
solidation on jurisdiction of courts, and application of this article of

the Code.
(H 785]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 15-220, as amended, 15-221, 15-222.3, as amended, 15-224,
15-230 and 15-231.3 of the Code of Virginia be amended and reenacted
as follows:

§ 15-220. By complying with the requirements and procedure here-
inafter specified in this article, any one or more counties having an area
of less than seventy-five square miles of high land, any county adjacent
to a county having a density of population in excess of two thousand per
square mile, * or any one or more cities or towns, or any of such counties,
cities, or towns, where such counties, cities or towns, as the case may be,
either adjoin or * are adjacent to such county or adjoin or are adjacent
to any city having a population in excess of thirty thousand inhabitants,
may consolidate with such city having a population in excess of thirty
thousand into a single city, or into a single city and one or more counties,
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.

§ 15-221. The board of supervisors or council or other governing
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; or shall provide for a subsequent referendum to
be voted on by the people of the consolidated city or county prior to the
effective date of the consolidation to select the name for said consolidated
city or county; provided, however, the name chosen shall not otherwise
be one that has been restricted or prohibited by law;

(3) The property, real or personal, belonging to each such county,
852 ACTS OF ASSEMBLY [va., 1956

pone town, and the fair value thereof in current money of the United
8S;

(4) The indebtedness, bonded and otherwise, of each such county,
city or town;

(5) The day upon which the consolidation agreement shall become
effective; and .

(6) Any other provisions which may be properly embodied in such
agreement.

Each such governing body may appoint an advisory committee com-
posed of three persons to assist it in the preparation of such agreement,
and may pay the members of such advisory committee reasonable compen-
sation, 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. .

The original of the consolidation agreement, together with a petition
on behalf of the several governing bodies, signed by the chairman and the
clerk of each of such bodies, asking that a referendum on the question of
consolidation of the 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 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 the agreement.

Where a regional planning commission has been established in
accordance with the provisions of §§ 15-891 to 15-898 and such commis-
sion 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 agree-
ment as is contemplated in this article.

§ 15-222.3. 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 Semparary special debt districts referred to in subsection (3) of this
section;

(6) That in the event of consolidation of such counties and cities
into a single county, there may be established geographical subdivisions
CH. 554] ACTS OF ASSEMBLY 853

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) That in the event of the establishment of such shires or boroughs,
it shall be the duty of the State Highway Commission and the Director
of Conservation and Development 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 qualification
shal] 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; ; .

(9) That in the event of the establishment of a consolidated city the
tax rate on all property of the same class within the city shall be uniform;
provided that the council shall have power to levy a higher tax in such
areas of the city as desire additional or more complete services of govern-
ment than are desired in the city as a whole and, in such case, the pro-
ceeds therefrom shall be so segregated as to enable the same to be expended
in the areas in which raised. Provided further that such higher tax rate
shall not be levied for school, police or general government services but
only for those services which prior to consolidation were not offered in
the whole of all the consolidated political subdivisions ;

(10) The aforesaid agreement may incorporate any provisions of any
charter heretofore granted by the General Assembly of Viriginia for any
of the cities proposing to consolidate or any proposed consolidated city.
It is the intention of this subsection to permit the drafting by the govern-
ing bodies, or the committees acting for and in lieu of the governing
bodies under § 15-222, of a composite charter to be adopted as a part of
the consolidation agreement or plan for the proposed consolidated city,
which shall have the same force and effect as if granted ab initio by the
General Assembly of Virginia. In such composite charter the name of the
consolidated city, if agreed upon, shall be inserted in lieu of the name of
the city which may be specified in the original charters from which the
composite charter provisions are taken, or if the name of the consolidated
city be left to subsequent referendum, then the phrase “the consolidated
city” shall be so substituted. Any such composite charter shall be published
as provided in § 15-228 as a part of the consolidation agreement.

§ 15-224. When publication of the consolidation agreement or plan
for consolidation in each of the counties, cities and towns is completed,
of which the certificate to the judges of the circuit courts having juris-
diction in the counties and towns and to the judges of the corporation
court having jurisdiction in the cities, from the owner, editor or manager
of each newspaper publishing the same, shall be proof, 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
require the regular election officers of such counties, cities and towns at
the next regular November election, or on the day fixed in the order,
which date shall be the same in each of the counties, cities and towns pro-
posing 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 * three hundred * days from the comple-
tion of the consolidation agreement, if any; or if such election be on a
pian of consolidation presented by a regional planning commission, it shall

held not less than thirty nor more than * three hundred * 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 * four hundred * fifty days after such
election. The provisions of this section as to the calling and holding of
elections on consolidation agreements and on plans of consolidation shall
apply mutatis mutandis to any prospective charter for any such consoli-
dated city approved by the General Assembly for adoption in any area
subject to the provisions of this article, and the fact that any such charter
has been granted shall be deemed to be notice to the public in any such
area and publication thereof shall not be required in any event. A consolt-
dation charter may provide for elections at dates other than those specified
in this section. : 8 yes

§ 15-230. Unless and until changed by general law, the jurisdiction
and authority of the circuit and corporation courts having jurisdiction
within any area covered by the consolidation plan or agreement shall *

‘be coterminous with the area of the consolidated city or county, unless and
to the extent modified by a consolidation charter or agreement.

§ 15-231.8. This article shall, without reference to any other statute,
be full authority for the consolidation of such counties or parts thereof,
and such cities and towns or any of them with an adjoining or ajacent
city having a population in excess of thirty thousand or such city and one
or more counties, it being the purpose of this article to provide an addi-
tional and supplemental method of consolidation applicable to such coun-
ties, cities and towns. This article and all amendments thereto shall apply
with full force and effect to consolidation proceedings instituted as a
result of any petitions heretofore or hereafter filed under this article;
provided, however, that no consolidation shall be effective unless a major-
ity of the voters in each of the political subdivisions voting in a consolida-
tion election vote in favor of the said consolidation; and provided further
that not more than one such election may be held under any one set of
petitions.

2. An emergency exists and these sections as amended are in force from
their passage.