{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3542.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3542.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3542.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3542.html"}],"law_id":84944,"edition_id":1,"section_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","history":"1984, c. 695, \u00a7 15.1-1141.1; 1997, c. 587.","full_text":"A\n\nNotwithstanding the provisions of \u00a7 15.2-3541 or any other statutory provision, in any consolidation which results in the formation of a consolidated county with a tier-city therein, the consolidation agreement may provide as follows:1\n\nThe special election provided in § 15.2-3541 may apply solely to election of members of boards of supervisors and members of tier-city councils, with all other elected officers being elected at the general election next preceding the effective date of consolidation.2\n\nMembers of the governing bodies elected at such special elections may assume office immediately upon qualification, and no later than thirty days following the date upon which the special election was held, as provided in § 24.2-201, and shall hold office prior to the effective date of consolidation, only for such of the following limited purposes as may be provided by the consolidation agreement:\n\t\t\t\ta. Organization of itself and election of one of its members as chairman of the board of supervisors or as mayor, as the case may be.\n\t\t\t\tb. Preparation and approval of budgets applicable to the respective newly formed governmental entities, for the fiscal year or partial fiscal year beginning with the effective date of consolidation.\n\t\t\t\tc. Adoption of ordinances required or permitted by the consolidation agreement, to be effective upon the date of consolidation.\n\t\t\t\td. Hiring by the newly elected tier-city council of a tier-city manager, tier-city attorney and clerk of council.\n\t\t\t\te. Hiring by the newly elected board of supervisors of its chief administrative officer, county attorney, and clerk of board.\n\t\t\t\tf. Negotiation, preparation and approval of leases, servicing agreements, and other documents required by the consolidation agreement, or otherwise deemed advisable.B\n\nPrior to the effective date of consolidation, provision shall be made for funding the activities described in subdivision 2 of subsection A.C\n\nUpon the effective date of consolidation, all elected officers who have taken the oath of office shall assume full powers, duties, rights and responsibilities of their respective offices.D\n\nAny member of a governing body of a consolidating locality may be elected to public office, for which he or she is otherwise qualified, in a governing body of a new governmental entity formed by consolidation. For the limited time period and limited purposes specified in subdivision 2 of subsection A, such officers may hold both offices at the same time.","order_by":null,"text":{"0":{"id":304370,"text":"Notwithstanding the provisions of \u00a7 15.2-3541 or any other statutory provision, in any consolidation which results in the formation of a consolidated county with a tier-city therein, the consolidation agreement may provide as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":304371,"text":"The special election provided in § 15.2-3541 may apply solely to election of members of boards of supervisors and members of tier-city councils, with all other elected officers being elected at the general election next preceding the effective date of consolidation.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":304372,"text":"Members of the governing bodies elected at such special elections may assume office immediately upon qualification, and no later than thirty days following the date upon which the special election was held, as provided in § 24.2-201, and shall hold office prior to the effective date of consolidation, only for such of the following limited purposes as may be provided by the consolidation agreement:\n\t\t\t\ta. Organization of itself and election of one of its members as chairman of the board of supervisors or as mayor, as the case may be.\n\t\t\t\tb. Preparation and approval of budgets applicable to the respective newly formed governmental entities, for the fiscal year or partial fiscal year beginning with the effective date of consolidation.\n\t\t\t\tc. Adoption of ordinances required or permitted by the consolidation agreement, to be effective upon the date of consolidation.\n\t\t\t\td. Hiring by the newly elected tier-city council of a tier-city manager, tier-city attorney and clerk of council.\n\t\t\t\te. Hiring by the newly elected board of supervisors of its chief administrative officer, county attorney, and clerk of board.\n\t\t\t\tf. Negotiation, preparation and approval of leases, servicing agreements, and other documents required by the consolidation agreement, or otherwise deemed advisable.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":304373,"text":"Prior to the effective date of consolidation, provision shall be made for funding the activities described in subdivision 2 of subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":304374,"text":"Upon the effective date of consolidation, all elected officers who have taken the oath of office shall assume full powers, duties, rights and responsibilities of their respective offices.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":304375,"text":"Any member of a governing body of a consolidating locality may be elected to public office, for which he or she is otherwise qualified, in a governing body of a new governmental entity formed by consolidation. For the limited time period and limited purposes specified in subdivision 2 of subsection A, such officers may hold both offices at the same time.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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; alternative consolidations","url":"\/15.2-3520\/","token":"15.2\/III\/35\/2\/15.2-3520","metadata":false},{"id":76869,"structure_id":13191,"section_number":"15.2-3521","catch_line":"Proposed consolidated city; notice of motion; service and publication","url":"\/15.2-3521\/","token":"15.2\/III\/35\/2\/15.2-3521","metadata":false},{"id":76330,"structure_id":13191,"section_number":"15.2-3522","catch_line":"Petition; appointment of special court","url":"\/15.2-3522\/","token":"15.2\/III\/35\/2\/15.2-3522","metadata":false},{"id":77723,"structure_id":13191,"section_number":"15.2-3523","catch_line":"Parties","url":"\/15.2-3523\/","token":"15.2\/III\/35\/2\/15.2-3523","metadata":false},{"id":56869,"structure_id":13191,"section_number":"15.2-3524","catch_line":"Time limit for intervenors","url":"\/15.2-3524\/","token":"15.2\/III\/35\/2\/15.2-3524","metadata":false},{"id":63758,"structure_id":13191,"section_number":"15.2-3525","catch_line":"Pretrial conference; matters considered","url":"\/15.2-3525\/","token":"15.2\/III\/35\/2\/15.2-3525","metadata":false},{"id":72751,"structure_id":13191,"section_number":"15.2-3526","catch_line":"Hearing and decision by court","url":"\/15.2-3526\/","token":"15.2\/III\/35\/2\/15.2-3526","metadata":false},{"id":81937,"structure_id":13191,"section_number":"15.2-3527","catch_line":"Assistance of state agencies","url":"\/15.2-3527\/","token":"15.2\/III\/35\/2\/15.2-3527","metadata":false},{"id":74300,"structure_id":13191,"section_number":"15.2-3528","catch_line":"Appeals","url":"\/15.2-3528\/","token":"15.2\/III\/35\/2\/15.2-3528","metadata":false},{"id":67012,"structure_id":13191,"section_number":"15.2-3529","catch_line":"Consolidation agreement generally; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3542\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 695 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1997, chapter 587<\/a>.<\/p>","references":false,"refers_to":[{"id":85286,"section_number":"15.2-3541","catch_line":"General effect of consolidation; officers","order_by":null,"url":"\/15.2-3541\/"},{"id":59520,"section_number":"24.2-201","catch_line":"When term of officer elected to fill vacancy commences and expires","order_by":null,"url":"\/24.2-201\/"}],"permalink":{"id":157441,"object_type":"law","relational_id":84944,"identifier":"15.2-3542","token":"15.2\/III\/35\/2\/15.2-3542","url":"\/15.2-3542\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3542\/","token":"15.2\/III\/35\/2\/15.2-3542","dublin_core":{"Title":"Governing body to be elected and take office before effective date of consolidation in certain cases; powers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3542","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of \u00a7 15.2-3541<\/a> or any other statutory provision, in any consolidation<\/span> which results in the formation of a consolidated county<\/span> with a tier-city<\/span> therein, the consolidation<\/span> agreement may provide as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The special election provided in § 15.2-3541<\/a> may apply solely to election of members of boards of supervisors<\/span> and members of tier-city<\/span> councils<\/span>, with all other elected officers being elected at the general election next preceding the effective date of consolidation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Members of the governing bodies elected at such special elections may assume office immediately upon qualification, and no later than thirty days following the date upon which the special election was held, as provided in § 24.2-201<\/a>, and shall hold office prior to the effective date of consolidation<\/span>, only for such of the following limited purposes as may be provided by the consolidation<\/span> agreement:\n\t\t\t\ta. Organization of itself and election of one of its members as chairman of the board of supervisors<\/span> or as mayor, as the case may be.\n\t\t\t\tb. Preparation and approval of budgets applicable to the respective newly formed governmental entities, for the fiscal year or partial fiscal year beginning with the effective date of consolidation<\/span>.\n\t\t\t\tc. Adoption of ordinances<\/span> required or permitted by the consolidation<\/span> agreement, to be effective upon the date of consolidation<\/span>.\n\t\t\t\td. Hiring by the newly elected tier-city<\/span> council<\/span> of a tier-city<\/span> manager, tier-city<\/span> attorney and clerk of council<\/span>.\n\t\t\t\te. Hiring by the newly elected board of supervisors<\/span> of its chief administrative officer, county<\/span> attorney, and clerk of board.\n\t\t\t\tf. Negotiation, preparation and approval of leases, servicing agreements, and other documents required by the consolidation<\/span> agreement, or otherwise deemed advisable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to the effective date of consolidation<\/span>, provision shall be made for funding the activities described in subdivision 2 of subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the effective date of consolidation<\/span>, all elected officers who have taken the oath<\/span> of office shall assume full powers, duties, rights and responsibilities of their respective offices. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any member of a governing body<\/span> of a consolidating locality<\/span> may be elected to public office, for which he or she is otherwise qualified, in a governing body<\/span> of a new governmental entity formed by consolidation<\/span>. For the limited time period and limited purposes specified in subdivision 2 of subsection A, such officers may hold both offices at the same time. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGOVERNING BODY TO BE ELECTED AND TAKE OFFICE BEFORE EFFECTIVE DATE OF\nCONSOLIDATION IN CERTAIN CASES; POWERS (\u00a7 15.2-3542)\n\nA. Notwithstanding the provisions of \u00a7 15.2-3541 or any other statutory\nprovision, in any consolidation which results in the formation of a consolidated\ncounty with a tier-city therein, the consolidation agreement may provide as\nfollows:\n\n 1. The special election provided in § 15.2-3541 may apply solely to\n election of members of boards of supervisors and members of tier-city\n councils, with all other elected officers being elected at the general\n election next preceding the effective date of consolidation.\n\n 2. Members of the governing bodies elected at such special elections may\n assume office immediately upon qualification, and no later than thirty days\n following the date upon which the special election was held, as provided in\n § 24.2-201, and shall hold office prior to the effective date of\n consolidation, only for such of the following limited purposes as may be\n provided by the consolidation agreement:\n \t\t\t\ta. Organization of itself and election of one of its members as chairman\n of the board of supervisors or as mayor, as the case may be.\n \t\t\t\tb. Preparation and approval of budgets applicable to the respective newly\n formed governmental entities, for the fiscal year or partial fiscal year\n beginning with the effective date of consolidation.\n \t\t\t\tc. Adoption of ordinances required or permitted by the consolidation\n agreement, to be effective upon the date of consolidation.\n \t\t\t\td. Hiring by the newly elected tier-city council of a tier-city manager,\n tier-city attorney and clerk of council.\n \t\t\t\te. Hiring by the newly elected board of supervisors of its chief\n administrative officer, county attorney, and clerk of board.\n \t\t\t\tf. Negotiation, preparation and approval of leases, servicing agreements,\n and other documents required by the consolidation agreement, or otherwise\n deemed advisable.\n\nB. Prior to the effective date of consolidation, provision shall be made for\nfunding the activities described in subdivision 2 of subsection A.\n\nC. Upon the effective date of consolidation, all elected officers who have taken\nthe oath of office shall assume full powers, duties, rights and responsibilities\nof their respective offices.\n\nD. Any member of a governing body of a consolidating locality may be elected to\npublic office, for which he or she is otherwise qualified, in a governing body\nof a new governmental entity formed by consolidation. For the limited time\nperiod and limited purposes specified in subdivision 2 of subsection A, such\nofficers may hold both offices at the same time.\n\nHISTORY: 1984, c. 695, \u00a7 15.1-1141.1; 1997, 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}}