{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3534.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3534.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3534.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3534.html"}],"law_id":57984,"edition_id":1,"section_id":57984,"structure_id":13191,"section_number":"15.2-3534","catch_line":"Optional provisions of consolidation agreement","history":"Code 1950, \u00a7 15-222.3; 1950, p. 1607; 1956, c. 554; 1962, c. 623, \u00a7 15.1-1135; 1971, Ex. Sess., c. 36; 1975, c. 214; 1979, c. 85; 1983, c. 4; 1984, c. 695; 1986, c. 312; 1989, c. 656; 1990, c. 424; 1991, c. 189; 1995, c. 728; 1997, c. 587.","full_text":"Any such consolidation agreement may contain any of the following provisions:\n\n1\n\nIn any territory that will be a part of the consolidated city there shall be no increase in assessments, except for permanent improvements made after the consolidation, for a period not exceeding five years.2\n\nThe rate of tax on real property in any such territory shall be lower than in other territory of the consolidated unit for a period of five years, provided that any difference between such rates of taxation shall bear a reasonable relationship to differences in nonrevenue-producing governmental services giving land urban character which are furnished in such territories.3\n\nIn any area specified in such agreement, for the purpose of repaying existing indebtedness chargeable to such area prior to consolidation, there may be levied a special tax on real property for a period not exceeding twenty years, which may be different from and in addition to the general tax rate throughout the entire consolidated county or counties, city or cities, or tier-city, as the case may be.4\n\nGeographical subdivisions of the consolidated city, to be known as boroughs, may be established, which may be the same as the existing (i) cities, (ii) counties, or (iii) portions of such counties, which are included in the consolidated city, and may be the same as the temporary special debt districts referred to in subdivision 3 of this section; the names of such boroughs shall be set forth in the consolidation agreement.5\n\nGeographical 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, towns, communities, or portions of counties, which are included in the consolidated county or counties, and may be the same as the temporary special debt districts referred to in subdivision 3 of this section.6\n\nIn the 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 shires, which shall be the same as and bear the names of the existing cities and counties.7\n\nIn the event of consolidation of such counties and cities into a single county incorporating a tier-city therein, there shall be established geographical and political subdivisions of such county, to be known as “tier-cities”; such tier-cities shall apply for and may receive a charter from the General Assembly in the same manner as may any municipality and when issued shall thereafter qualify in general law, mutatis mutandis, as a town with respect to its rights, powers and obligations, and shall have such other rights, powers and obligations as may be given it by law, general or special.8\n\nIn the event of the establishment of such shires or boroughs, it shall be the duty of the Commissioner of Highways and the Director of the Department of Historic Resources to have suitable monuments or markers erected indicating the limits of such geographical subdivisions and setting forth the history of each.9\n\na. In the event of establishment of a consolidated city, there shall be a new election of officers therefor whose election and qualification 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.\n\t\t\tb. In the event of the establishment of a consolidated city, the constitutional officers of the consolidating jurisdictions may continue in office at not less than their salaries in effect at the effective date of consolidation; the selection of each constitutional officer for the consolidated city shall be made by agreement between those persons holding such respective offices, and the other or others, as the case may be, shall become assistants or chief deputies, upon filing of a certification of such agreement in a circuit court and approval by the court; in the event no agreement is reached or no certification is filed on or before a date stated in the consolidation agreement, the circuit court shall designate one officer as principal and the other or others, as the case may be, as assistants or chief deputies; and in the event of a vacancy in the office of assistant or chief deputy thereby created during such term, the position shall be abolished. Each such officer shall continue in office, whether as the principal officer or as chief deputy or assistant, until January 1 following the next regularly scheduled election pursuant to § 24.2-217, whether or not the term to which such officer was elected may have expired prior to that date. When the effective date of the consolidation plan is the same as the end of the term of one or more existing constitutional officers for the consolidating jurisdictions, an election shall be held to elect such constitutional officers for the consolidating jurisdictions for a new term to begin on the effective date of consolidation. Such newly elected officers may or may not become the principal constitutional officers of the consolidated city under this provision.\n\t\t\tc. In the event of the establishment of a consolidated city, the persons holding office as the superintendents of the school divisions within the consolidating jurisdictions may continue in office at no less than their salaries in effect at the effective date of consolidation, for the terms to which they were appointed; the consolidated city school board shall designate one of such persons as division superintendent and the other as associate superintendent; in the event no designation is made on or before a date stated in the consolidation agreement, the designation shall be made by the circuit court for the consolidated city; and in the event of a vacancy in the position of superintendent or associate superintendent during the term to which appointed, the remaining incumbent shall be the superintendent and the position of associate superintendent shall be abolished.10\n\nIn 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. However, the council shall have power to levy a higher tax in such areas of the city which desire additional or more complete services of government than are desired in the city as a whole, and, in such case, the proceeds therefrom shall be so segregated as to enable the same to be expended in the areas in which raised; 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 of the consolidated localities.11\n\nThe agreement, when proposing the creation of a consolidated city, may incorporate in a proposed charter, subject to the subsequent approval of the General Assembly, any provisions of any charter heretofore granted by the General Assembly for any of the localities proposing to consolidate. It is the intention of this subsection to permit the drafting by the governing bodies, or the committees acting for and in lieu of the governing bodies under § 15.2-3531, of a charter to be adopted as a part of the consolidation agreement for the proposed consolidated city. In such 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 provisions are taken, or if the name of the consolidated city is left to subsequent referendum, then the phrase “the consolidated city” shall be substituted. Any such charter shall be published as provided in § 15.2-3537 as a part of the consolidation agreement.\n\t\t\tAny agreement between any localities to form a consolidated city when adopted and approved as provided herein, together with the charter, shall be the form of the consolidated city. The governing body of the consolidated city shall have the power to make amendments to the consolidation agreement not contrary to general law. No such amendments shall become effective until such amendments have been approved by the General Assembly in accordance with the procedures established by Chapter 2 (§ 15.2-200 et seq.).12\n\nAny agreement between any localities to form a consolidated county may likewise incorporate provisions of any charter of any such localities proposing to consolidate and also may include the provisions of any of the optional forms of county government set forth in this title. In any form of government approved by the voters hereunder, irrespective of any other provisions of law, the initial membership of the governing body shall be as set forth in such consolidation agreement. Such agreement when adopted and approved as provided herein shall be the form of the consolidated county, and the provisions of the first paragraph of subdivision 11 above shall be applicable, mutatis mutandis. The governing body of the consolidated county shall have the power to make amendments to the consolidation agreement not contrary to general law. No such amendments, excluding membership of the governing body, shall become effective until such amendments have been approved by the General Assembly in accordance with the procedures established by Chapter 2 (§ 15.2-200 et seq.).13\n\nIn any consolidation by a county and all the towns therein into a consolidated county, or in any consolidation of a county and a city into a consolidated county, the area of any of such town or towns, city or cities may be designated as a special service district, and the delivery of water, sewer and similar type services may be continued. The consolidated county shall have the same powers, rights and duties with respect to the public rights-of-way, streets and alleys within such district and receive State Highway Fund allocations as did such town or towns, city or cities prior to consolidation. The roads in the area formerly located solely within the county shall continue to be maintained as they were prior to the consolidation, and this subdivision shall not be construed to authorize any allocation from highway funds not previously authorized. The boundaries of such special service district or districts may be altered from time to time by ordinance of the governing body duly adopted after public hearing.14\n\nAny consolidation agreement may provide for offering to the voters the option of adopting a city or county form of government as well as the option between forms of county governments.15\n\nThe agreement between a county and the incorporated towns located entirely therein consolidated pursuant to this article may contain provisions for the establishment of special service tax districts wherein a tax may be levied on all classes of property within those shires, where, upon the effective date of the consolidation agreement, there exists, or the consolidation agreement provides for, additional or more complete governmental services than the level of services which are being provided or will, under the agreement, be provided in other shires, or in the consolidated county as a whole. Additional or more complete governmental services include, but are not limited to, water supply, sewerage, garbage removal and disposal, heat, lighting, streets, sidewalks and storm drains, fire-fighting equipment and services, and additional law-enforcement services but shall not include separate police forces, additional schools or other basic governmental services to which all citizens are entitled. Any additional revenue produced from any such tax shall be segregated into a separate fund and expended by such consolidated county solely in the shire or special service tax district wherein such additional tax is assessed. The consolidation agreement shall establish the initial boundary lines of the shires and the tax rates within each shire. Future adjustments in the boundaries of the shires or special service tax districts shall be made in accordance with § 15.2-2401, which shall apply to the consolidated county as it does to the consolidated cities described therein. The governing body of the consolidated county shall have the same power as the city council referred to in such section. Such governing body also shall have the power to tax all sources of revenue which the previous county or incorporated towns therein had prior to such consolidation.16\n\nIn the event of consolidation of a county and a city into a single county incorporating a tier-city therein, any rights provided to counties, cities and towns in Chapters 32 (§ 15.2-3200 et seq.), 33 (§ 15.2-3300 et seq.), 36 (§ 15.2-3600 et seq.), 38 (§ 15.2-3800 et seq.), and 39 (§ 15.2-3900 et seq.) may be modified or waived in whole or in part, as set forth in the consolidation agreement, provided that the modification or waiver does not conflict with the Constitution of Virginia and provided that such provision in the consolidation agreement is approved pursuant to the provisions of Chapter 34 (§ 15.2-3400 et seq.) prior to the effective date of consolidation.17\n\nThe agreement may provide for a subsequent referendum of the voters of all or part of one or more of the consolidating localities to be held after a favorable referendum on the initial question of consolidating. This subsequent referendum shall take the sense of the voters of an area or areas of the consolidating localities, as determined in the discretion of the governing bodies of the consolidating localities, on the question of dividing that area or portion from the newly consolidated locality and consolidating that area or portion with an adjoining locality not a part of the newly consolidated locality. The terms and conditions of this division and consolidation may be included in the agreement or may be determined by the Commission on Local Government if the affected localities are unable to agree. The nonagreeing locality shall have the right to reject the recommendations of the Commission, and not accept such area or portion.18\n\nIn the event of consolidation of counties and cities into a single city which completely surrounds another city, the agreement may provide for the subsequent unilateral consolidation of the surrounded city into the consolidated city at any time. The agreement shall provide that a referendum take the sense of the voters of the surrounded city on the question of whether the surrounded city and the surrounding consolidated city shall consolidate.19\n\nIn the event of consolidation of such counties and cities into a single city which completely surrounds another city, the agreement may provide for the subsequent unilateral consolidation and conversion of the surrounded city to a township within the surrounding consolidated city at any time. The agreement shall provide that a referendum take the sense of the voters of the surrounded city on the question of whether such city shall convert to a township. The township may, in the discretion of its council, continue to be called a city and may formally be referred to as ____________________ city, a Virginia township. Such township shall have no right to become an independent city, nor to annex or exercise any extraterritorial jurisdiction within the consolidated city but otherwise shall have the rights, powers and immunities granted towns. The consolidated city’s legal relationship with such township shall be governed by the same laws that govern county-town relationships, except as modified herein.","order_by":null,"text":{"0":{"id":212380,"text":"Any such consolidation agreement may contain any of the following provisions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":212381,"text":"In any territory that will be a part of the consolidated city there shall be no increase in assessments, except for permanent improvements made after the consolidation, for a period not exceeding five years.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":212382,"text":"The rate of tax on real property in any such territory shall be lower than in other territory of the consolidated unit for a period of five years, provided that any difference between such rates of taxation shall bear a reasonable relationship to differences in nonrevenue-producing governmental services giving land urban character which are furnished in such territories.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":212383,"text":"In any area specified in such agreement, for the purpose of repaying existing indebtedness chargeable to such area prior to consolidation, there may be levied a special tax on real property for a period not exceeding twenty years, which may be different from and in addition to the general tax rate throughout the entire consolidated county or counties, city or cities, or tier-city, as the case may be.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":212384,"text":"Geographical subdivisions of the consolidated city, to be known as boroughs, may be established, which may be the same as the existing (i) cities, (ii) counties, or (iii) portions of such counties, which are included in the consolidated city, and may be the same as the temporary special debt districts referred to in subdivision 3 of this section; the names of such boroughs shall be set forth in the consolidation agreement.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":212385,"text":"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, towns, communities, or portions of counties, which are included in the consolidated county or counties, and may be the same as the temporary special debt districts referred to in subdivision 3 of this section.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":212386,"text":"In the 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 shires, which shall be the same as and bear the names of the existing cities and counties.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":212387,"text":"In the event of consolidation of such counties and cities into a single county incorporating a tier-city therein, there shall be established geographical and political subdivisions of such county, to be known as “tier-cities”; such tier-cities shall apply for and may receive a charter from the General Assembly in the same manner as may any municipality and when issued shall thereafter qualify in general law, mutatis mutandis, as a town with respect to its rights, powers and obligations, and shall have such other rights, powers and obligations as may be given it by law, general or special.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":212388,"text":"In the event of the establishment of such shires or boroughs, it shall be the duty of the Commissioner of Highways and the Director of the Department of Historic Resources to have suitable monuments or markers erected indicating the limits of such geographical subdivisions and setting forth the history of each.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":212389,"text":"a. In the event of establishment of a consolidated city, there shall be a new election of officers therefor whose election and qualification 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.\n\t\t\tb. In the event of the establishment of a consolidated city, the constitutional officers of the consolidating jurisdictions may continue in office at not less than their salaries in effect at the effective date of consolidation; the selection of each constitutional officer for the consolidated city shall be made by agreement between those persons holding such respective offices, and the other or others, as the case may be, shall become assistants or chief deputies, upon filing of a certification of such agreement in a circuit court and approval by the court; in the event no agreement is reached or no certification is filed on or before a date stated in the consolidation agreement, the circuit court shall designate one officer as principal and the other or others, as the case may be, as assistants or chief deputies; and in the event of a vacancy in the office of assistant or chief deputy thereby created during such term, the position shall be abolished. Each such officer shall continue in office, whether as the principal officer or as chief deputy or assistant, until January 1 following the next regularly scheduled election pursuant to § 24.2-217, whether or not the term to which such officer was elected may have expired prior to that date. When the effective date of the consolidation plan is the same as the end of the term of one or more existing constitutional officers for the consolidating jurisdictions, an election shall be held to elect such constitutional officers for the consolidating jurisdictions for a new term to begin on the effective date of consolidation. Such newly elected officers may or may not become the principal constitutional officers of the consolidated city under this provision.\n\t\t\tc. In the event of the establishment of a consolidated city, the persons holding office as the superintendents of the school divisions within the consolidating jurisdictions may continue in office at no less than their salaries in effect at the effective date of consolidation, for the terms to which they were appointed; the consolidated city school board shall designate one of such persons as division superintendent and the other as associate superintendent; in the event no designation is made on or before a date stated in the consolidation agreement, the designation shall be made by the circuit court for the consolidated city; and in the event of a vacancy in the position of superintendent or associate superintendent during the term to which appointed, the remaining incumbent shall be the superintendent and the position of associate superintendent shall be abolished.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":212390,"text":"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. However, the council shall have power to levy a higher tax in such areas of the city which desire additional or more complete services of government than are desired in the city as a whole, and, in such case, the proceeds therefrom shall be so segregated as to enable the same to be expended in the areas in which raised; 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 of the consolidated localities.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":212391,"text":"The agreement, when proposing the creation of a consolidated city, may incorporate in a proposed charter, subject to the subsequent approval of the General Assembly, any provisions of any charter heretofore granted by the General Assembly for any of the localities proposing to consolidate. It is the intention of this subsection to permit the drafting by the governing bodies, or the committees acting for and in lieu of the governing bodies under § 15.2-3531, of a charter to be adopted as a part of the consolidation agreement for the proposed consolidated city. In such 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 provisions are taken, or if the name of the consolidated city is left to subsequent referendum, then the phrase “the consolidated city” shall be substituted. Any such charter shall be published as provided in § 15.2-3537 as a part of the consolidation agreement.\n\t\t\tAny agreement between any localities to form a consolidated city when adopted and approved as provided herein, together with the charter, shall be the form of the consolidated city. The governing body of the consolidated city shall have the power to make amendments to the consolidation agreement not contrary to general law. No such amendments shall become effective until such amendments have been approved by the General Assembly in accordance with the procedures established by Chapter 2 (§ 15.2-200 et seq.).","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":212392,"text":"Any agreement between any localities to form a consolidated county may likewise incorporate provisions of any charter of any such localities proposing to consolidate and also may include the provisions of any of the optional forms of county government set forth in this title. In any form of government approved by the voters hereunder, irrespective of any other provisions of law, the initial membership of the governing body shall be as set forth in such consolidation agreement. Such agreement when adopted and approved as provided herein shall be the form of the consolidated county, and the provisions of the first paragraph of subdivision 11 above shall be applicable, mutatis mutandis. The governing body of the consolidated county shall have the power to make amendments to the consolidation agreement not contrary to general law. No such amendments, excluding membership of the governing body, shall become effective until such amendments have been approved by the General Assembly in accordance with the procedures established by Chapter 2 (§ 15.2-200 et seq.).","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":212393,"text":"In any consolidation by a county and all the towns therein into a consolidated county, or in any consolidation of a county and a city into a consolidated county, the area of any of such town or towns, city or cities may be designated as a special service district, and the delivery of water, sewer and similar type services may be continued. The consolidated county shall have the same powers, rights and duties with respect to the public rights-of-way, streets and alleys within such district and receive State Highway Fund allocations as did such town or towns, city or cities prior to consolidation. The roads in the area formerly located solely within the county shall continue to be maintained as they were prior to the consolidation, and this subdivision shall not be construed to authorize any allocation from highway funds not previously authorized. The boundaries of such special service district or districts may be altered from time to time by ordinance of the governing body duly adopted after public hearing.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":212394,"text":"Any consolidation agreement may provide for offering to the voters the option of adopting a city or county form of government as well as the option between forms of county governments.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":212395,"text":"The agreement between a county and the incorporated towns located entirely therein consolidated pursuant to this article may contain provisions for the establishment of special service tax districts wherein a tax may be levied on all classes of property within those shires, where, upon the effective date of the consolidation agreement, there exists, or the consolidation agreement provides for, additional or more complete governmental services than the level of services which are being provided or will, under the agreement, be provided in other shires, or in the consolidated county as a whole. Additional or more complete governmental services include, but are not limited to, water supply, sewerage, garbage removal and disposal, heat, lighting, streets, sidewalks and storm drains, fire-fighting equipment and services, and additional law-enforcement services but shall not include separate police forces, additional schools or other basic governmental services to which all citizens are entitled. Any additional revenue produced from any such tax shall be segregated into a separate fund and expended by such consolidated county solely in the shire or special service tax district wherein such additional tax is assessed. The consolidation agreement shall establish the initial boundary lines of the shires and the tax rates within each shire. Future adjustments in the boundaries of the shires or special service tax districts shall be made in accordance with § 15.2-2401, which shall apply to the consolidated county as it does to the consolidated cities described therein. The governing body of the consolidated county shall have the same power as the city council referred to in such section. Such governing body also shall have the power to tax all sources of revenue which the previous county or incorporated towns therein had prior to such consolidation.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":212396,"text":"In the event of consolidation of a county and a city into a single county incorporating a tier-city therein, any rights provided to counties, cities and towns in Chapters 32 (§ 15.2-3200 et seq.), 33 (§ 15.2-3300 et seq.), 36 (§ 15.2-3600 et seq.), 38 (§ 15.2-3800 et seq.), and 39 (§ 15.2-3900 et seq.) may be modified or waived in whole or in part, as set forth in the consolidation agreement, provided that the modification or waiver does not conflict with the Constitution of Virginia and provided that such provision in the consolidation agreement is approved pursuant to the provisions of Chapter 34 (§ 15.2-3400 et seq.) prior to the effective date of consolidation.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":212397,"text":"The agreement may provide for a subsequent referendum of the voters of all or part of one or more of the consolidating localities to be held after a favorable referendum on the initial question of consolidating. This subsequent referendum shall take the sense of the voters of an area or areas of the consolidating localities, as determined in the discretion of the governing bodies of the consolidating localities, on the question of dividing that area or portion from the newly consolidated locality and consolidating that area or portion with an adjoining locality not a part of the newly consolidated locality. The terms and conditions of this division and consolidation may be included in the agreement or may be determined by the Commission on Local Government if the affected localities are unable to agree. The nonagreeing locality shall have the right to reject the recommendations of the Commission, and not accept such area or portion.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"18":{"id":212398,"text":"In the event of consolidation of counties and cities into a single city which completely surrounds another city, the agreement may provide for the subsequent unilateral consolidation of the surrounded city into the consolidated city at any time. The agreement shall provide that a referendum take the sense of the voters of the surrounded city on the question of whether the surrounded city and the surrounding consolidated city shall consolidate.","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"19":{"id":212399,"text":"In the event of consolidation of such counties and cities into a single city which completely surrounds another city, the agreement may provide for the subsequent unilateral consolidation and conversion of the surrounded city to a township within the surrounding consolidated city at any time. The agreement shall provide that a referendum take the sense of the voters of the surrounded city on the question of whether such city shall convert to a township. The township may, in the discretion of its council, continue to be called a city and may formally be referred to as ____________________ city, a Virginia township. Such township shall have no right to become an independent city, nor to annex or exercise any extraterritorial jurisdiction within the consolidated city but otherwise shall have the rights, powers and immunities granted towns. The consolidated city’s legal relationship with such township shall be governed by the same laws that govern county-town relationships, except as modified herein.","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18"}},"ancestry":[{"id":13191,"edition_id":1,"name":"Consolidation of Certain Counties, Cities and Towns","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13098,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":157351,"object_type":"structure","relational_id":13191,"identifier":"2","token":"15.2\/III\/35\/2","url":"\/15.2\/III\/35\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13098,"edition_id":1,"name":"Consolidation of Localities","identifier":"35","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":157267,"object_type":"structure","relational_id":13098,"identifier":"35","token":"15.2\/III\/35","url":"\/15.2\/III\/35\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13062,"edition_id":1,"name":"Boundary Adjustments and Changes of Status of Counties, Cities and Towns","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":156919,"object_type":"structure","relational_id":13062,"identifier":"III","token":"15.2\/III","url":"\/15.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62773,"structure_id":13191,"section_number":"15.2-3520","catch_line":"Counties, cities and towns specified; 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advisory committee; filing agreement and referendum petition with court","url":"\/15.2-3529\/","token":"15.2\/III\/35\/2\/15.2-3529","metadata":false},{"id":57135,"structure_id":13191,"section_number":"15.2-3530","catch_line":"Continuation of services of Department of Transportation after consolidation","url":"\/15.2-3530\/","token":"15.2\/III\/35\/2\/15.2-3530","metadata":false},{"id":66517,"structure_id":13191,"section_number":"15.2-3531","catch_line":"Voters' petition requesting consolidation agreement and referendum","url":"\/15.2-3531\/","token":"15.2\/III\/35\/2\/15.2-3531","metadata":false},{"id":80311,"structure_id":13191,"section_number":"15.2-3532","catch_line":"Required provisions of consolidation agreement","url":"\/15.2-3532\/","token":"15.2\/III\/35\/2\/15.2-3532","metadata":false},{"id":54885,"structure_id":13191,"section_number":"15.2-3533","catch_line":"Transfer of property and indebtedness","url":"\/15.2-3533\/","token":"15.2\/III\/35\/2\/15.2-3533","metadata":false},{"id":57984,"structure_id":13191,"section_number":"15.2-3534","catch_line":"Optional provisions of consolidation agreement","url":"\/15.2-3534\/","token":"15.2\/III\/35\/2\/15.2-3534","metadata":false},{"id":55792,"structure_id":13191,"section_number":"15.2-3535","catch_line":"Advertising of charter","url":"\/15.2-3535\/","token":"15.2\/III\/35\/2\/15.2-3535","metadata":false},{"id":58929,"structure_id":13191,"section_number":"15.2-3536","catch_line":"Charter for consolidated city","url":"\/15.2-3536\/","token":"15.2\/III\/35\/2\/15.2-3536","metadata":false},{"id":74992,"structure_id":13191,"section_number":"15.2-3537","catch_line":"Publication of consolidation agreement","url":"\/15.2-3537\/","token":"15.2\/III\/35\/2\/15.2-3537","metadata":false},{"id":57289,"structure_id":13191,"section_number":"15.2-3538","catch_line":"Order for election","url":"\/15.2-3538\/","token":"15.2\/III\/35\/2\/15.2-3538","metadata":false},{"id":76047,"structure_id":13191,"section_number":"15.2-3539","catch_line":"Conduct of election","url":"\/15.2-3539\/","token":"15.2\/III\/35\/2\/15.2-3539","metadata":false},{"id":87413,"structure_id":13191,"section_number":"15.2-3540","catch_line":"Result of elections; determination of form of government","url":"\/15.2-3540\/","token":"15.2\/III\/35\/2\/15.2-3540","metadata":false},{"id":85286,"structure_id":13191,"section_number":"15.2-3541","catch_line":"General effect of consolidation; officers","url":"\/15.2-3541\/","token":"15.2\/III\/35\/2\/15.2-3541","metadata":false},{"id":84944,"structure_id":13191,"section_number":"15.2-3542","catch_line":"Governing body to be elected and take office before effective date of consolidation in certain cases; powers","url":"\/15.2-3542\/","token":"15.2\/III\/35\/2\/15.2-3542","metadata":false},{"id":67281,"structure_id":13191,"section_number":"15.2-3543","catch_line":"Electoral board, general registrar and officers of election","url":"\/15.2-3543\/","token":"15.2\/III\/35\/2\/15.2-3543","metadata":false},{"id":54206,"structure_id":13191,"section_number":"15.2-3544","catch_line":"Effect on pending suits","url":"\/15.2-3544\/","token":"15.2\/III\/35\/2\/15.2-3544","metadata":false},{"id":66202,"structure_id":13191,"section_number":"15.2-3545","catch_line":"Effect on assembly districts","url":"\/15.2-3545\/","token":"15.2\/III\/35\/2\/15.2-3545","metadata":false},{"id":81817,"structure_id":13191,"section_number":"15.2-3546","catch_line":"Effect on jurisdiction of courts","url":"\/15.2-3546\/","token":"15.2\/III\/35\/2\/15.2-3546","metadata":false},{"id":60743,"structure_id":13191,"section_number":"15.2-3547","catch_line":"Consolidation of entire county requires no action of town council","url":"\/15.2-3547\/","token":"15.2\/III\/35\/2\/15.2-3547","metadata":false},{"id":82967,"structure_id":13191,"section_number":"15.2-3548","catch_line":"Effect on town charter","url":"\/15.2-3548\/","token":"15.2\/III\/35\/2\/15.2-3548","metadata":false},{"id":66812,"structure_id":13191,"section_number":"15.2-3549","catch_line":"Powers of a tier-city","url":"\/15.2-3549\/","token":"15.2\/III\/35\/2\/15.2-3549","metadata":false},{"id":77012,"structure_id":13191,"section_number":"15.2-3550","catch_line":"Effect of consolidation into single county; exceptions for tier-city","url":"\/15.2-3550\/","token":"15.2\/III\/35\/2\/15.2-3550","metadata":false}],"previous_section":{"id":54885,"structure_id":13191,"section_number":"15.2-3533","catch_line":"Transfer of property and indebtedness","url":"\/15.2-3533\/","token":"15.2\/III\/35\/2\/15.2-3533","metadata":false},"next_section":{"id":55792,"structure_id":13191,"section_number":"15.2-3535","catch_line":"Advertising of charter","url":"\/15.2-3535\/","token":"15.2\/III\/35\/2\/15.2-3535","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3534\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 554; in 1962, chapter 623; in 1975, chapter 214; in 1979, chapter 85; in 1983, chapter 4; in 1984, chapter 695; in 1986, chapter 312; in 1989, chapter 656; in 1990, chapter 424; in 1991, chapter 189; in 1995, chapter 728<\/a>; in 1997, chapter 587<\/a>.<\/p>","references":false,"refers_to":[{"id":87139,"section_number":"15.2-200","catch_line":"Required procedure for obtaining new charter or amendment","order_by":null,"url":"\/15.2-200\/"},{"id":78411,"section_number":"15.2-2401","catch_line":"Creation of service districts by court order in consolidated cities","order_by":null,"url":"\/15.2-2401\/"},{"id":55382,"section_number":"15.2-3200","catch_line":"Boundaries of cities and towns to remain as established until changed","order_by":null,"url":"\/15.2-3200\/"},{"id":63407,"section_number":"15.2-3300","catch_line":"Purposes of chapter","order_by":null,"url":"\/15.2-3300\/"},{"id":75841,"section_number":"15.2-3400","catch_line":"Voluntary settlements among local governments","order_by":null,"url":"\/15.2-3400\/"},{"id":66517,"section_number":"15.2-3531","catch_line":"Voters' petition requesting consolidation agreement and referendum","order_by":null,"url":"\/15.2-3531\/"},{"id":74992,"section_number":"15.2-3537","catch_line":"Publication of consolidation agreement","order_by":null,"url":"\/15.2-3537\/"},{"id":57952,"section_number":"15.2-3600","catch_line":"Petition for incorporation of community; appointment of special court","order_by":null,"url":"\/15.2-3600\/"},{"id":80368,"section_number":"15.2-3800","catch_line":"Ordinance petitioning court for city status; appointment of special court","order_by":null,"url":"\/15.2-3800\/"},{"id":78407,"section_number":"15.2-3900","catch_line":"Transition authorized","order_by":null,"url":"\/15.2-3900\/"},{"id":61791,"section_number":"24.2-217","catch_line":"Election and terms of constitutional officers","order_by":null,"url":"\/24.2-217\/"}],"permalink":{"id":157409,"object_type":"law","relational_id":57984,"identifier":"15.2-3534","token":"15.2\/III\/35\/2\/15.2-3534","url":"\/15.2-3534\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3534\/","token":"15.2\/III\/35\/2\/15.2-3534","dublin_core":{"Title":"Optional provisions of consolidation agreement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3534","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any such consolidation<\/span> agreement may contain any of the following provisions:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In any territory that will be a part of the consolidated city<\/span> there shall be no increase in assessments, except for permanent improvements made after the consolidation<\/span>, for a period not exceeding five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The rate of tax on real property in any such territory shall be lower than in other territory of the consolidated unit for a period of five years, provided that any difference between such rates of taxation shall bear a reasonable relationship to differences in nonrevenue-producing governmental services giving land urban character which are furnished in such territories. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In any area specified in such agreement, for the purpose of repaying existing indebtedness chargeable to such area prior to consolidation<\/span>, there may be levied a special tax on real property for a period not exceeding twenty years, which may be different from and in addition to the general tax rate throughout the entire consolidated county<\/span> or counties, city<\/span> or cities, or tier-city<\/span>, as the case may be. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Geographical subdivisions of the consolidated city<\/span>, to be known as boroughs, may be established, which may be the same as the existing (i) cities, (ii) counties, or (iii) portions of such counties, which are included in the consolidated city<\/span>, and may be the same as the temporary special debt districts referred to in subdivision 3 of this section; the names of such boroughs shall be set forth in the consolidation<\/span> agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Geographical subdivisions of the consolidated county<\/span> or counties, to be known as shires, may be established, which shall be the same as and bear the names of the existing counties, towns<\/span>, communities, or portions of counties, which are included in the consolidated county<\/span> or counties, and may be the same as the temporary special debt districts referred to in subdivision 3 of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In the event of consolidation<\/span> of such counties and cities into a single county<\/span>, there may be established geographical subdivisions of such county<\/span>, to be known as shires, which shall be the same as and bear the names of the existing cities and counties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> In the event of consolidation<\/span> of such counties and cities into a single county<\/span> incorporating a tier-city<\/span> therein, there shall be established geographical and political subdivisions of such county<\/span>, to be known as “tier-cities”; such tier-cities shall apply for and may receive a charter from the General Assembly in the same manner as may any municipality and when issued shall thereafter qualify in general law<\/span>, mutatis mutandis<\/span>, as a town<\/span> with respect to its rights, powers and obligations, and shall have such other rights, powers and obligations as may be given it by law<\/span>, general or special. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> In the event of the establishment of such shires or boroughs, it shall be the duty of the Commissioner of Highways and the Director of the Department of Historic Resources to have suitable monuments or markers erected indicating the limits of such geographical subdivisions and setting forth the history of each. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> a. In the event of establishment of a consolidated city<\/span>, there shall be a new election of officers therefor whose election and qualification 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.\n\t\t\tb. In the event of the establishment of a consolidated city<\/span>, the constitutional officers<\/span> of the consolidating jurisdictions<\/span> may continue in office at not less than their salaries in effect at the effective date of consolidation<\/span>; the selection of each constitutional officer<\/span> for the consolidated city<\/span> shall be made by agreement between those persons holding such respective offices, and the other or others, as the case may be, shall become assistants or chief deputies, upon filing of a certification of such agreement in a circuit<\/span> court<\/span> and approval by the court<\/span>; in the event no agreement is reached or no certification is filed on or before a date stated in the consolidation<\/span> agreement, the circuit<\/span> court<\/span> shall designate one officer as principal and the other or others, as the case may be, as assistants or chief deputies; and in the event of a vacancy in the office of assistant or chief deputy thereby created during such term, the position shall be abolished. Each such officer shall continue in office, whether as the principal officer or as chief deputy or assistant, until January 1 following the next regularly scheduled election pursuant to § 24.2-217<\/a>, whether or not the term to which such officer was elected may have expired prior to that date. When the effective date of the consolidation<\/span> plan is the same as the end of the term of one or more existing constitutional officers<\/span> for the consolidating jurisdictions<\/span>, an election shall be held to elect such constitutional officers<\/span> for the consolidating jurisdictions<\/span> for a new term to begin on the effective date of consolidation<\/span>. Such newly elected officers may or may not become the principal constitutional officers<\/span> of the consolidated city<\/span> under this provision.\n\t\t\tc. In the event of the establishment of a consolidated city<\/span>, the persons holding office as the superintendents of the school divisions within the consolidating jurisdictions<\/span> may continue in office at no less than their salaries in effect at the effective date of consolidation<\/span>, for the terms to which they were appointed; the consolidated city<\/span> school board shall designate one of such persons as division superintendent and the other as associate superintendent; in the event no designation is made on or before a date stated in the consolidation<\/span> agreement, the designation shall be made by the circuit<\/span> court<\/span> for the consolidated city<\/span>; and in the event of a vacancy in the position of superintendent or associate superintendent during the term to which appointed, the remaining incumbent shall be the superintendent and the position of associate superintendent shall be abolished. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> In the event of the establishment of a consolidated city<\/span>, the tax rate on all property of the same class within the city<\/span> shall be uniform. However, the council<\/span> shall have power to levy<\/span> a higher tax in such areas of the city<\/span> which desire additional or more complete services of government than are desired in the city<\/span> as a whole, and, in such case, the proceeds therefrom shall be so segregated as to enable the same to be expended in the areas in which raised; such higher tax rate shall not be levied for school, police or general government services but only for those services which prior to consolidation<\/span> were not offered in the whole of all of the consolidated localities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The agreement, when proposing the creation of a consolidated city<\/span>, may incorporate in a proposed charter, subject to the subsequent approval of the General Assembly, any provisions of any charter heretofore granted by the General Assembly for any of the localities proposing to consolidate. It is the intention of this subsection to permit the drafting by the governing bodies, or the committees acting for and in lieu of the governing bodies under § 15.2-3531<\/a>, of a charter to be adopted as a part of the consolidation<\/span> agreement for the proposed consolidated city<\/span>. In such charter the name of the consolidated city<\/span>, if agreed upon, shall be inserted in lieu of the name of the city<\/span> which may be specified in the original charters from which the provisions are taken, or if the name of the consolidated city<\/span> is left to subsequent referendum<\/span>, then the phrase “the consolidated city<\/span>” shall be substituted. Any such charter shall be published as provided in § 15.2-3537<\/a> as a part of the consolidation<\/span> agreement.\n\t\t\tAny agreement between any localities to form a consolidated city<\/span> when adopted and approved as provided herein, together with the charter, shall be the form of the consolidated city<\/span>. The governing body<\/span> of the consolidated city<\/span> shall have the power to make amendments to the consolidation<\/span> agreement not contrary to general law<\/span>. No such amendments shall become effective until such amendments have been approved by the General Assembly in accordance with the procedures established by Chapter 2 (§ 15.2-200<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Any agreement between any localities to form a consolidated county<\/span> may likewise incorporate provisions of any charter of any such localities proposing to consolidate and also may include the provisions of any of the optional forms of county<\/span> government set forth in this title. In any form of government approved by the voters<\/span> hereunder, irrespective of any other provisions of law<\/span>, the initial membership of the governing body<\/span> shall be as set forth in such consolidation<\/span> agreement. Such agreement when adopted and approved as provided herein shall be the form of the consolidated county<\/span>, and the provisions of the first paragraph of subdivision 11 above shall be applicable, mutatis mutandis<\/span>. The governing body<\/span> of the consolidated county<\/span> shall have the power to make amendments to the consolidation<\/span> agreement not contrary to general law<\/span>. No such amendments, excluding membership of the governing body<\/span>, shall become effective until such amendments have been approved by the General Assembly in accordance with the procedures established by Chapter 2 (§ 15.2-200<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> In any consolidation<\/span> by a county<\/span> and all the towns<\/span> therein into a consolidated county<\/span>, or in any consolidation<\/span> of a county<\/span> and a city<\/span> into a consolidated county<\/span>, the area of any of such town<\/span> or towns<\/span>, city<\/span> or cities may be designated as a special service district, and the delivery of water, sewer and similar type services may be continued. The consolidated county<\/span> shall have the same powers, rights and duties with respect to the public rights-of-way, streets and alleys within such district and receive State Highway Fund allocations as did such town<\/span> or towns<\/span>, city<\/span> or cities prior to consolidation<\/span>. The roads in the area formerly located solely within the county<\/span> shall continue to be maintained as they were prior to the consolidation<\/span>, and this subdivision shall not be construed to authorize any allocation from highway funds not previously authorized. The boundaries of such special service district or districts may be altered from time to time by ordinance<\/span> of the governing body<\/span> duly adopted after public hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any consolidation<\/span> agreement may provide for offering to the voters<\/span> the option of adopting a city<\/span> or county<\/span> form of government as well as the option between forms of county<\/span> governments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> The agreement between a county<\/span> and the incorporated towns<\/span> located entirely therein consolidated pursuant to this article may contain provisions for the establishment of special service tax districts wherein a tax may be levied on all classes of property within those shires, where, upon the effective date of the consolidation<\/span> agreement, there exists, or the consolidation<\/span> agreement provides for, additional or more complete governmental services than the level of services which are being provided or will, under the agreement, be provided in other shires, or in the consolidated county<\/span> as a whole. Additional or more complete governmental services include, but are not limited to, water supply, sewerage, garbage removal and disposal, heat, lighting, streets, sidewalks and storm drains, fire-fighting equipment and services, and additional law<\/span>-enforcement services but shall not include separate police forces, additional schools or other basic governmental services to which all citizens are entitled. Any additional revenue produced from any such tax shall be segregated into a separate fund and expended by such consolidated county<\/span> solely in the shire or special service tax district wherein such additional tax is assessed. The consolidation<\/span> agreement shall establish the initial boundary lines of the shires and the tax rates within each shire. Future adjustments in the boundaries of the shires or special service tax districts shall be made in accordance with § 15.2-2401<\/a>, which shall apply to the consolidated county<\/span> as it does to the consolidated cities described therein. The governing body<\/span> of the consolidated county<\/span> shall have the same power as the city<\/span> council<\/span> referred to in such section. Such governing body<\/span> also shall have the power to tax all sources of revenue which the previous county<\/span> or incorporated towns<\/span> therein had prior to such consolidation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> In the event of consolidation<\/span> of a county<\/span> and a city<\/span> into a single county<\/span> incorporating a tier-city<\/span> therein, any rights provided to counties, cities and towns in Chapters 32 (§ 15.2-3200<\/a> et seq.), 33 (§ 15.2-3300<\/a> et seq.), 36 (§ 15.2-3600<\/a> et seq.), 38 (§ 15.2-3800<\/a> et seq.), and 39 (§ 15.2-3900<\/a> et seq.) may be modified or waived in whole or in part, as set forth in the consolidation<\/span> agreement, provided that the modification or waiver<\/span> does not conflict with the Constitution of Virginia and provided that such provision in the consolidation<\/span> agreement is approved pursuant to the provisions of Chapter 34 (§ 15.2-3400<\/a> et seq.) prior to the effective date of consolidation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> The agreement may provide for a subsequent referendum<\/span> of the voters<\/span> of all or part of one or more of the consolidating localities to be held after a favorable referendum<\/span> on the initial question of consolidating. This subsequent referendum<\/span> shall take the sense of the voters<\/span> of an area or areas of the consolidating localities, as determined in the discretion of the governing bodies of the consolidating localities, on the question of dividing that area or portion from the newly consolidated locality<\/span> and consolidating that area or portion with an adjoining locality<\/span> not a part of the newly consolidated locality<\/span>. The terms and conditions of this division and consolidation<\/span> may be included in the agreement or may be determined by the Commission on Local Government<\/span> if the affected localities are unable to agree. The nonagreeing locality<\/span> shall have the right to reject the recommendations of the Commission, and not accept such area or portion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> In the event of consolidation<\/span> of counties and cities into a single city<\/span> which completely surrounds another city<\/span>, the agreement may provide for the subsequent unilateral consolidation<\/span> of the surrounded city<\/span> into the consolidated city<\/span> at any time. The agreement shall provide that a referendum<\/span> take the sense of the voters<\/span> of the surrounded city<\/span> on the question of whether the surrounded city<\/span> and the surrounding consolidated city<\/span> shall consolidate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> In the event of consolidation<\/span> of such counties and cities into a single city<\/span> which completely surrounds another city<\/span>, the agreement may provide for the subsequent unilateral consolidation<\/span> and conversion of the surrounded city<\/span> to a township within the surrounding consolidated city<\/span> at any time. The agreement shall provide that a referendum<\/span> take the sense of the voters<\/span> of the surrounded city<\/span> on the question of whether such city<\/span> shall convert to a township. The township may, in the discretion of its council<\/span>, continue to be called a city<\/span> and may formally be referred to as ____________________ city<\/span>, a Virginia township. Such township shall have no right to become an independent city<\/span>, nor to annex or exercise any extraterritorial jurisdiction<\/span> within the consolidated city<\/span> but otherwise shall have the rights, powers and immunities granted towns. The consolidated city<\/span>’s legal relationship with such township shall be governed by the same laws<\/span> that govern county<\/span>-town<\/span> relationships, except as modified herein. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPTIONAL PROVISIONS OF CONSOLIDATION AGREEMENT (\u00a7 15.2-3534)\n\nAny such consolidation agreement may contain any of the following provisions:\n\n1. In any territory that will be a part of the consolidated city there shall be\nno increase in assessments, except for permanent improvements made after the\nconsolidation, for a period not exceeding five years.\n\n2. The rate of tax on real property in any such territory shall be lower than in\nother territory of the consolidated unit for a period of five years, provided\nthat any difference between such rates of taxation shall bear a reasonable\nrelationship to differences in nonrevenue-producing governmental services giving\nland urban character which are furnished in such territories.\n\n3. In any area specified in such agreement, for the purpose of repaying existing\nindebtedness chargeable to such area prior to consolidation, there may be levied\na special tax on real property for a period not exceeding twenty years, which\nmay be different from and in addition to the general tax rate throughout the\nentire consolidated county or counties, city or cities, or tier-city, as the\ncase may be.\n\n4. Geographical subdivisions of the consolidated city, to be known as boroughs,\nmay be established, which may be the same as the existing (i) cities, (ii)\ncounties, or (iii) portions of such counties, which are included in the\nconsolidated city, and may be the same as the temporary special debt districts\nreferred to in subdivision 3 of this section; the names of such boroughs shall\nbe set forth in the consolidation agreement.\n\n5. Geographical subdivisions of the consolidated county or counties, to be known\nas shires, may be established, which shall be the same as and bear the names of\nthe existing counties, towns, communities, or portions of counties, which are\nincluded in the consolidated county or counties, and may be the same as the\ntemporary special debt districts referred to in subdivision 3 of this section.\n\n6. In the event of consolidation of such counties and cities into a single\ncounty, there may be established geographical subdivisions of such county, to be\nknown as shires, which shall be the same as and bear the names of the existing\ncities and counties.\n\n7. In the event of consolidation of such counties and cities into a single\ncounty incorporating a tier-city therein, there shall be established\ngeographical and political subdivisions of such county, to be known as\n“tier-cities”; such tier-cities shall apply for and may receive a\ncharter from the General Assembly in the same manner as may any municipality and\nwhen issued shall thereafter qualify in general law, mutatis mutandis, as a town\nwith respect to its rights, powers and obligations, and shall have such other\nrights, powers and obligations as may be given it by law, general or special.\n\n8. In the event of the establishment of such shires or boroughs, it shall be the\nduty of the Commissioner of Highways and the Director of the Department of\nHistoric Resources to have suitable monuments or markers erected indicating the\nlimits of such geographical subdivisions and setting forth the history of each.\n\n9. a. In the event of establishment of a consolidated city, there shall be a new\nelection of officers therefor whose election and qualification shall terminate\nthe terms of office of their predecessors; provision may be made for the\nexclusion from such new election of such elective officers as is deemed\ndesirable.\n\t\t\tb. In the event of the establishment of a consolidated city, the\nconstitutional officers of the consolidating jurisdictions may continue in\noffice at not less than their salaries in effect at the effective date of\nconsolidation; the selection of each constitutional officer for the consolidated\ncity shall be made by agreement between those persons holding such respective\noffices, and the other or others, as the case may be, shall become assistants or\nchief deputies, upon filing of a certification of such agreement in a circuit\ncourt and approval by the court; in the event no agreement is reached or no\ncertification is filed on or before a date stated in the consolidation\nagreement, the circuit court shall designate one officer as principal and the\nother or others, as the case may be, as assistants or chief deputies; and in the\nevent of a vacancy in the office of assistant or chief deputy thereby created\nduring such term, the position shall be abolished. Each such officer shall\ncontinue in office, whether as the principal officer or as chief deputy or\nassistant, until January 1 following the next regularly scheduled election\npursuant to § 24.2-217, whether or not the term to which such officer was\nelected may have expired prior to that date. When the effective date of the\nconsolidation plan is the same as the end of the term of one or more existing\nconstitutional officers for the consolidating jurisdictions, an election shall\nbe held to elect such constitutional officers for the consolidating\njurisdictions for a new term to begin on the effective date of consolidation.\nSuch newly elected officers may or may not become the principal constitutional\nofficers of the consolidated city under this provision.\n\t\t\tc. In the event of the establishment of a consolidated city, the persons\nholding office as the superintendents of the school divisions within the\nconsolidating jurisdictions may continue in office at no less than their\nsalaries in effect at the effective date of consolidation, for the terms to\nwhich they were appointed; the consolidated city school board shall designate\none of such persons as division superintendent and the other as associate\nsuperintendent; in the event no designation is made on or before a date stated\nin the consolidation agreement, the designation shall be made by the circuit\ncourt for the consolidated city; and in the event of a vacancy in the position\nof superintendent or associate superintendent during the term to which\nappointed, the remaining incumbent shall be the superintendent and the position\nof associate superintendent shall be abolished.\n\n10. In the event of the establishment of a consolidated city, the tax rate on\nall property of the same class within the city shall be uniform. However, the\ncouncil shall have power to levy a higher tax in such areas of the city which\ndesire additional or more complete services of government than are desired in\nthe city as a whole, and, in such case, the proceeds therefrom shall be so\nsegregated as to enable the same to be expended in the areas in which raised;\nsuch higher tax rate shall not be levied for school, police or general\ngovernment services but only for those services which prior to consolidation\nwere not offered in the whole of all of the consolidated localities.\n\n11. The agreement, when proposing the creation of a consolidated city, may\nincorporate in a proposed charter, subject to the subsequent approval of the\nGeneral Assembly, any provisions of any charter heretofore granted by the\nGeneral Assembly for any of the localities proposing to consolidate. It is the\nintention of this subsection to permit the drafting by the governing bodies, or\nthe committees acting for and in lieu of the governing bodies under §\n15.2-3531, of a charter to be adopted as a part of the consolidation agreement\nfor the proposed consolidated city. In such charter the name of the consolidated\ncity, if agreed upon, shall be inserted in lieu of the name of the city which\nmay be specified in the original charters from which the provisions are taken,\nor if the name of the consolidated city is left to subsequent referendum, then\nthe phrase “the consolidated city” shall be substituted. Any such\ncharter shall be published as provided in § 15.2-3537 as a part of the\nconsolidation agreement.\n\t\t\tAny agreement between any localities to form a consolidated city when adopted\nand approved as provided herein, together with the charter, shall be the form of\nthe consolidated city. The governing body of the consolidated city shall have\nthe power to make amendments to the consolidation agreement not contrary to\ngeneral law. No such amendments shall become effective until such amendments\nhave been approved by the General Assembly in accordance with the procedures\nestablished by Chapter 2 (§ 15.2-200 et seq.).\n\n12. Any agreement between any localities to form a consolidated county may\nlikewise incorporate provisions of any charter of any such localities proposing\nto consolidate and also may include the provisions of any of the optional forms\nof county government set forth in this title. In any form of government approved\nby the voters hereunder, irrespective of any other provisions of law, the\ninitial membership of the governing body shall be as set forth in such\nconsolidation agreement. Such agreement when adopted and approved as provided\nherein shall be the form of the consolidated county, and the provisions of the\nfirst paragraph of subdivision 11 above shall be applicable, mutatis mutandis.\nThe governing body of the consolidated county shall have the power to make\namendments to the consolidation agreement not contrary to general law. No such\namendments, excluding membership of the governing body, shall become effective\nuntil such amendments have been approved by the General Assembly in accordance\nwith the procedures established by Chapter 2 (§ 15.2-200 et seq.).\n\n13. In any consolidation by a county and all the towns therein into a\nconsolidated county, or in any consolidation of a county and a city into a\nconsolidated county, the area of any of such town or towns, city or cities may\nbe designated as a special service district, and the delivery of water, sewer\nand similar type services may be continued. The consolidated county shall have\nthe same powers, rights and duties with respect to the public rights-of-way,\nstreets and alleys within such district and receive State Highway Fund\nallocations as did such town or towns, city or cities prior to consolidation.\nThe roads in the area formerly located solely within the county shall continue\nto be maintained as they were prior to the consolidation, and this subdivision\nshall not be construed to authorize any allocation from highway funds not\npreviously authorized. The boundaries of such special service district or\ndistricts may be altered from time to time by ordinance of the governing body\nduly adopted after public hearing.\n\n14. Any consolidation agreement may provide for offering to the voters the\noption of adopting a city or county form of government as well as the option\nbetween forms of county governments.\n\n15. The agreement between a county and the incorporated towns located entirely\ntherein consolidated pursuant to this article may contain provisions for the\nestablishment of special service tax districts wherein a tax may be levied on\nall classes of property within those shires, where, upon the effective date of\nthe consolidation agreement, there exists, or the consolidation agreement\nprovides for, additional or more complete governmental services than the level\nof services which are being provided or will, under the agreement, be provided\nin other shires, or in the consolidated county as a whole. Additional or more\ncomplete governmental services include, but are not limited to, water supply,\nsewerage, garbage removal and disposal, heat, lighting, streets, sidewalks and\nstorm drains, fire-fighting equipment and services, and additional\nlaw-enforcement services but shall not include separate police forces,\nadditional schools or other basic governmental services to which all citizens\nare entitled. Any additional revenue produced from any such tax shall be\nsegregated into a separate fund and expended by such consolidated county solely\nin the shire or special service tax district wherein such additional tax is\nassessed. The consolidation agreement shall establish the initial boundary lines\nof the shires and the tax rates within each shire. Future adjustments in the\nboundaries of the shires or special service tax districts shall be made in\naccordance with § 15.2-2401, which shall apply to the consolidated county\nas it does to the consolidated cities described therein. The governing body of\nthe consolidated county shall have the same power as the city council referred\nto in such section. Such governing body also shall have the power to tax all\nsources of revenue which the previous county or incorporated towns therein had\nprior to such consolidation.\n\n16. In the event of consolidation of a county and a city into a single county\nincorporating a tier-city therein, any rights provided to counties, cities and\ntowns in Chapters 32 (§ 15.2-3200 et seq.), 33 (§ 15.2-3300 et seq.),\n36 (§ 15.2-3600 et seq.), 38 (§ 15.2-3800 et seq.), and 39 (§\n15.2-3900 et seq.) may be modified or waived in whole or in part, as set forth\nin the consolidation agreement, provided that the modification or waiver does\nnot conflict with the Constitution of Virginia and provided that such provision\nin the consolidation agreement is approved pursuant to the provisions of Chapter\n34 (§ 15.2-3400 et seq.) prior to the effective date of consolidation.\n\n17. The agreement may provide for a subsequent referendum of the voters of all\nor part of one or more of the consolidating localities to be held after a\nfavorable referendum on the initial question of consolidating. This subsequent\nreferendum shall take the sense of the voters of an area or areas of the\nconsolidating localities, as determined in the discretion of the governing\nbodies of the consolidating localities, on the question of dividing that area or\nportion from the newly consolidated locality and consolidating that area or\nportion with an adjoining locality not a part of the newly consolidated\nlocality. The terms and conditions of this division and consolidation may be\nincluded in the agreement or may be determined by the Commission on Local\nGovernment if the affected localities are unable to agree. The nonagreeing\nlocality shall have the right to reject the recommendations of the Commission,\nand not accept such area or portion.\n\n18. In the event of consolidation of counties and cities into a single city\nwhich completely surrounds another city, the agreement may provide for the\nsubsequent unilateral consolidation of the surrounded city into the consolidated\ncity at any time. The agreement shall provide that a referendum take the sense\nof the voters of the surrounded city on the question of whether the surrounded\ncity and the surrounding consolidated city shall consolidate.\n\n19. In the event of consolidation of such counties and cities into a single city\nwhich completely surrounds another city, the agreement may provide for the\nsubsequent unilateral consolidation and conversion of the surrounded city to a\ntownship within the surrounding consolidated city at any time. The agreement\nshall provide that a referendum take the sense of the voters of the surrounded\ncity on the question of whether such city shall convert to a township. The\ntownship may, in the discretion of its council, continue to be called a city and\nmay formally be referred to as ____________________ city, a Virginia township.\nSuch township shall have no right to become an independent city, nor to annex or\nexercise any extraterritorial jurisdiction within the consolidated city but\notherwise shall have the rights, powers and immunities granted towns. The\nconsolidated city’s legal relationship with such township shall be\ngoverned by the same laws that govern county-town relationships, except as\nmodified herein.\n\nHISTORY: Code 1950, \u00a7 15-222.3; 1950, p. 1607; 1956, c. 554; 1962, c. 623, \u00a7\n15.1-1135; 1971, Ex. Sess., c. 36; 1975, c. 214; 1979, c. 85; 1983, c. 4; 1984,\nc. 695; 1986, c. 312; 1989, c. 656; 1990, c. 424; 1991, c. 189; 1995, c. 728;\n1997, c. 587.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}