CHAPTER 671

An Act to amend and reenact §§ 22-100.8, 22-100.7, 22-100.9 and
22-100.12 of the Code of Virginia, relating to school divisions com-
prising more than one county or city, the school board thereof, title
to school property therein, allocation of costs and expenditures, and
dissolution of school board. CH 688]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 22-100.3, 22-100.7, 22-100.9 and 22-100.12 of the Code of
Virginia be amended and reenacted as follows:

§ 22-100.3. Such division school board shall be composed of not less
than six nor more than nine trustees, with an equal number of members
from each county or city of the division and with a minimum board of six
members, who shall be appointed by the county board of supervisors for
a county and the city council for a city. Upon the creation of such school
division there shall be appointed by the appropriate appointing bodies the
required number of members to the division school board who shall serve
until the first day of July next following the creation of such division.
Within sixty days prior to that.day each appointing body shall appoint
the required number of members of the division school board as follows:
if there be three members, one shall be appointed for a term of two years,
one for a term of three years, and one for a term of four years; if there
be four members, one shall be appointed for a term of one year, one for
a term of two years, one for a term of three years, and one for a term of
four years. Within sixty days prior to the first day of July in each and
every year thereafter there shall be appointed by the appropriate appoint-
ing body for a term of four years beginning the first day of July next
following their appointment, successors to the members of the division
school board for their respective counties or cities, whose terms expire
on the thirtieth day of June in each such year. The exact number of
trustees for a county or city shall be determined by the governing bodies
concerned within the limits above provided. Any vacancy occurring in
the membership of the division school board from any county or ci
shall be filled for the unexpired term by the appointing body of suc
county or city. The governing bodies concerned shall jointly select for a
term of four years one person who shall be a member of the division
school board only for the purpose of voting in case of an equal division
of the regular members of the board on any question requiring the action
of such board. Such person shall be known as the tiebreaker.

If the governing bodies are not able to agree as to the person who
shall be the tiebreaker, then upon application by any of the governing
bodies involved to a circuit court having jurisdiction over a county or city
embraced in such school division, then the judge thereof shall name the
tiebreaker and his decision shall be final.

§ 22-100.7. The title to all school property in the school division
shall be vested in the division school board, as defined in § 22-100.5. The
school board of every county included in such school division and the city
council or the school board, whichever holds title to the school property
of any city included in such school division shall have the power to
transfer title to the school property of such county or city to the division
1028 ACTS OF ASSEMBLY (vA., 1956

school board and no such division shall be created unless and until such
transfer is agreed to by each county or city in the division.

If, at the time a division school board is created, under the authority
of this section, the ownership of school property, real or personal, has
not been determined or the title thereto is in question, or there is a dis-
pute as’ to the ownership or title, then such question of ownership or

itle may be determined before the formation of said school division
either by a written agreement between the participating divisions with
the approval of the respective governing bodies thereof, or by. any par-
ticipating division petitioning a court of equity in the jurisdiction where
the property or any part thereof lies to determine the title tosaid property,
and such adjudication of ownership or title shall be conclusive ther i

§ 22-100.9. Notwithstanding the provisions of § 22-100.8, the local
operating cost as well as the expenditures for capital outlay purposes and
incurring indebtedness for the construction of school buildings shall be on
a prorata basis based on enrollment of pupils or such other basis as may
be mutually agreed upon by the division school board with the approval
of the governing bodies of the participating counties and/or cities.

§ 22-100.12. Effective as of the first day of July of any school year,
a division school board, may, by resolution adopted by a majority of its
members prior to the first day of May of the said school year, and with
the approval of * one of the governing bodies of such counties or cities
concerned and the State Board of Education, be dissolved, and, provided,
that in the case of such dissolution a county school board for each county
and a city school board for each city of such division shall be appointed
in the manner and for the term of office as provided by law for county
and city school boards, effective as of the date of such dissolution.

All school property, real and personal, the title to which is held
by the division school board at the time of dissolution shall be transferred
to and vested in, by operation of law, the school boards of the participa-
ting counties and/or cities according to such distribution as may * have
been mutually agreed upon by the respective boards concerned or by those
school boards participating in the establishment of the Division School
Board, and if no agreement has been reached then as determined by a
court of competent jurisdiction as above set out.

Provided further, in the event of dissolution, if the respective school
boards cannot agree on the distribution of any balance in the division
school board fund or on the disposition of any outstanding bonded indebt-
edness, or any other obligations, a court of competent jurisdiction as above
set out shall make such distribution.