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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>57984</law_id><section_number>15.2-3534</section_number><catch_line>Optional provisions of consolidation agreement</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Boundary Adjustments and Changes of Status of Counties, Cities and Towns</unit><unit label="chapter" level="3" order_by="1" identifier="35">Consolidation of Localities</unit><unit label="article" level="4" order_by="1" identifier="2">Consolidation of Certain Counties, Cities and Towns</unit></structure><text>
						<section><p>Any such <span class="dictionary">consolidation</span> agreement may contain any of the following provisions:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> In any territory that will be a part of the consolidated <span class="dictionary">city</span> there shall be no increase in assessments, except for permanent improvements made after the <span class="dictionary">consolidation</span>, for a period not exceeding five years. <a id="paragraph-212381" class="section-permalink" href="https://vacode.org/15.2-3534/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">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. <a id="paragraph-212382" class="section-permalink" href="https://vacode.org/15.2-3534/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> In any area specified in such agreement, for the purpose of repaying existing indebtedness chargeable to such area prior to <span class="dictionary">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 <span class="dictionary">county</span> or counties, <span class="dictionary">city</span> or cities, or tier-<span class="dictionary">city</span>, as the case may be. <a id="paragraph-212383" class="section-permalink" href="https://vacode.org/15.2-3534/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> Geographical subdivisions of the consolidated <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">consolidation</span> agreement. <a id="paragraph-212384" class="section-permalink" href="https://vacode.org/15.2-3534/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> Geographical subdivisions of the consolidated <span class="dictionary">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, <span class="dictionary">towns</span>, communities, or portions of counties, which are included in the consolidated <span class="dictionary">county</span> or counties, and may be the same as the temporary special debt districts referred to in subdivision 3 of this section. <a id="paragraph-212385" class="section-permalink" href="https://vacode.org/15.2-3534/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> In the event of <span class="dictionary">consolidation</span> of such counties and cities into a single <span class="dictionary">county</span>, there may be established geographical subdivisions of such <span class="dictionary">county</span>, to be known as shires, which shall be the same as and bear the names of the existing cities and counties. <a id="paragraph-212386" class="section-permalink" href="https://vacode.org/15.2-3534/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> In the event of <span class="dictionary">consolidation</span> of such counties and cities into a single <span class="dictionary">county</span> incorporating a tier-<span class="dictionary">city</span> therein, there shall be established geographical and political subdivisions of such <span class="dictionary">county</span>, to be known as &#x201C;tier-cities&#x201D;; 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 <span class="dictionary">law</span>, <span class="dictionary">mutatis mutandis</span>, as a <span class="dictionary">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 <span class="dictionary">law</span>, general or special. <a id="paragraph-212387" class="section-permalink" href="https://vacode.org/15.2-3534/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">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. <a id="paragraph-212388" class="section-permalink" href="https://vacode.org/15.2-3534/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> a. In the event of establishment of a consolidated <span class="dictionary">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.
			b. In the event of the establishment of a consolidated <span class="dictionary">city</span>, the <span class="dictionary">constitutional officers</span> of the consolidating <span class="dictionary">jurisdictions</span> may continue in office at not less than their salaries in effect at the effective date of <span class="dictionary">consolidation</span>; the selection of each <span class="dictionary">constitutional officer</span> for the consolidated <span class="dictionary">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 <span class="dictionary">circuit</span> <span class="dictionary">court</span> and approval by the <span class="dictionary">court</span>; in the event no agreement is reached or no certification is filed on or before a date stated in the <span class="dictionary">consolidation</span> agreement, the <span class="dictionary">circuit</span> <span class="dictionary">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 &#xA7; <a class="law" title="Election and terms of constitutional officers" href="/24.2-217/">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 <span class="dictionary">consolidation</span> plan is the same as the end of the term of one or more existing <span class="dictionary">constitutional officers</span> for the consolidating <span class="dictionary">jurisdictions</span>, an election shall be held to elect such <span class="dictionary">constitutional officers</span> for the consolidating <span class="dictionary">jurisdictions</span> for a new term to begin on the effective date of <span class="dictionary">consolidation</span>. Such newly elected officers may or may not become the principal <span class="dictionary">constitutional officers</span> of the consolidated <span class="dictionary">city</span> under this provision.
			c. In the event of the establishment of a consolidated <span class="dictionary">city</span>, the persons holding office as the superintendents of the school divisions within the consolidating <span class="dictionary">jurisdictions</span> may continue in office at no less than their salaries in effect at the effective date of <span class="dictionary">consolidation</span>, for the terms to which they were appointed; the consolidated <span class="dictionary">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 <span class="dictionary">consolidation</span> agreement, the designation shall be made by the <span class="dictionary">circuit</span> <span class="dictionary">court</span> for the consolidated <span class="dictionary">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. <a id="paragraph-212389" class="section-permalink" href="https://vacode.org/15.2-3534/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> In the event of the establishment of a consolidated <span class="dictionary">city</span>, the tax rate on all property of the same class within the <span class="dictionary">city</span> shall be uniform. However, the <span class="dictionary">council</span> shall have power to <span class="dictionary">levy</span> a higher tax in such areas of the <span class="dictionary">city</span> which desire additional or more complete services of government than are desired in the <span class="dictionary">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 <span class="dictionary">consolidation</span> were not offered in the whole of all of the consolidated localities. <a id="paragraph-212390" class="section-permalink" href="https://vacode.org/15.2-3534/#10"><i class="fa fa-link"/></a></p></section>
						<section id="11"><p><span class="prefix-number">11.</span> The agreement, when proposing the creation of a consolidated <span class="dictionary">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 &#xA7; <a class="law" title="Voters' petition requesting consolidation agreement and referendum" href="/15.2-3531/">15.2-3531</a>, of a charter to be adopted as a part of the <span class="dictionary">consolidation</span> agreement for the proposed consolidated <span class="dictionary">city</span>. In such charter the name of the consolidated <span class="dictionary">city</span>, if agreed upon, shall be inserted in lieu of the name of the <span class="dictionary">city</span> which may be specified in the original charters from which the provisions are taken, or if the name of the consolidated <span class="dictionary">city</span> is left to subsequent <span class="dictionary">referendum</span>, then the phrase &#x201C;the consolidated <span class="dictionary">city</span>&#x201D; shall be substituted. Any such charter shall be published as provided in &#xA7; <a class="law" title="Publication of consolidation agreement" href="/15.2-3537/">15.2-3537</a> as a part of the <span class="dictionary">consolidation</span> agreement.
			Any agreement between any localities to form a consolidated <span class="dictionary">city</span> when adopted and approved as provided herein, together with the charter, shall be the form of the consolidated <span class="dictionary">city</span>. The <span class="dictionary">governing body</span> of the consolidated <span class="dictionary">city</span> shall have the power to make amendments to the <span class="dictionary">consolidation</span> agreement not contrary to general <span class="dictionary">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 (&#xA7; <a class="law" title="Required procedure for obtaining new charter or amendment" href="/15.2-200/">15.2-200</a> et seq.). <a id="paragraph-212391" class="section-permalink" href="https://vacode.org/15.2-3534/#11"><i class="fa fa-link"/></a></p></section>
						<section id="12"><p><span class="prefix-number">12.</span> Any agreement between any localities to form a consolidated <span class="dictionary">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 <span class="dictionary">county</span> government set forth in this title. In any form of government approved by the <span class="dictionary">voters</span> hereunder, irrespective of any other provisions of <span class="dictionary">law</span>, the initial membership of the <span class="dictionary">governing body</span> shall be as set forth in such <span class="dictionary">consolidation</span> agreement. Such agreement when adopted and approved as provided herein shall be the form of the consolidated <span class="dictionary">county</span>, and the provisions of the first paragraph of subdivision 11 above shall be applicable, <span class="dictionary">mutatis mutandis</span>. The <span class="dictionary">governing body</span> of the consolidated <span class="dictionary">county</span> shall have the power to make amendments to the <span class="dictionary">consolidation</span> agreement not contrary to general <span class="dictionary">law</span>. No such amendments, excluding membership of the <span class="dictionary">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 (&#xA7; <a class="law" title="Required procedure for obtaining new charter or amendment" href="/15.2-200/">15.2-200</a> et seq.). <a id="paragraph-212392" class="section-permalink" href="https://vacode.org/15.2-3534/#12"><i class="fa fa-link"/></a></p></section>
						<section id="13"><p><span class="prefix-number">13.</span> In any <span class="dictionary">consolidation</span> by a <span class="dictionary">county</span> and all the <span class="dictionary">towns</span> therein into a consolidated <span class="dictionary">county</span>, or in any <span class="dictionary">consolidation</span> of a <span class="dictionary">county</span> and a <span class="dictionary">city</span> into a consolidated <span class="dictionary">county</span>, the area of any of such <span class="dictionary">town</span> or <span class="dictionary">towns</span>, <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">town</span> or <span class="dictionary">towns</span>, <span class="dictionary">city</span> or cities prior to <span class="dictionary">consolidation</span>. The roads in the area formerly located solely within the <span class="dictionary">county</span> shall continue to be maintained as they were prior to the <span class="dictionary">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 <span class="dictionary">ordinance</span> of the <span class="dictionary">governing body</span> duly adopted after public <span class="dictionary">hearing</span>. <a id="paragraph-212393" class="section-permalink" href="https://vacode.org/15.2-3534/#13"><i class="fa fa-link"/></a></p></section>
						<section id="14"><p><span class="prefix-number">14.</span> Any <span class="dictionary">consolidation</span> agreement may provide for offering to the <span class="dictionary">voters</span> the option of adopting a <span class="dictionary">city</span> or <span class="dictionary">county</span> form of government as well as the option between forms of <span class="dictionary">county</span> governments. <a id="paragraph-212394" class="section-permalink" href="https://vacode.org/15.2-3534/#14"><i class="fa fa-link"/></a></p></section>
						<section id="15"><p><span class="prefix-number">15.</span> The agreement between a <span class="dictionary">county</span> and the <span class="dictionary">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 <span class="dictionary">consolidation</span> agreement, there exists, or the <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">county</span> solely in the shire or special service tax district wherein such additional tax is assessed. The <span class="dictionary">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 &#xA7; <a class="law" title="Creation of service districts by court order in consolidated cities" href="/15.2-2401/">15.2-2401</a>, which shall apply to the consolidated <span class="dictionary">county</span> as it does to the consolidated cities described therein. The <span class="dictionary">governing body</span> of the consolidated <span class="dictionary">county</span> shall have the same power as the <span class="dictionary">city</span> <span class="dictionary">council</span> referred to in such section. Such <span class="dictionary">governing body</span> also shall have the power to tax all sources of revenue which the previous <span class="dictionary">county</span> or <span class="dictionary">incorporated towns</span> therein had prior to such <span class="dictionary">consolidation</span>. <a id="paragraph-212395" class="section-permalink" href="https://vacode.org/15.2-3534/#15"><i class="fa fa-link"/></a></p></section>
						<section id="16"><p><span class="prefix-number">16.</span> In the event of <span class="dictionary">consolidation</span> of a <span class="dictionary">county</span> and a <span class="dictionary">city</span> into a single <span class="dictionary">county</span> incorporating a tier-<span class="dictionary">city</span> therein, any rights provided to counties, cities and towns in Chapters 32 (&#xA7; <a class="law" title="Boundaries of cities and towns to remain as established until changed" href="/15.2-3200/">15.2-3200</a> et seq.), 33 (&#xA7; <a class="law" title="Purposes of chapter" href="/15.2-3300/">15.2-3300</a> et seq.), 36 (&#xA7; <a class="law" title="Petition for incorporation of community; appointment of special court" href="/15.2-3600/">15.2-3600</a> et seq.), 38 (&#xA7; <a class="law" title="Ordinance petitioning court for city status; appointment of special court" href="/15.2-3800/">15.2-3800</a> et seq.), and 39 (&#xA7; <a class="law" title="Transition authorized" href="/15.2-3900/">15.2-3900</a> et seq.) may be modified or waived in whole or in part, as set forth in the <span class="dictionary">consolidation</span> agreement, provided that the modification or <span class="dictionary">waiver</span> does not conflict with the Constitution of Virginia and provided that such provision in the <span class="dictionary">consolidation</span> agreement is approved pursuant to the provisions of Chapter 34 (&#xA7; <a class="law" title="Voluntary settlements among local governments" href="/15.2-3400/">15.2-3400</a> et seq.) prior to the effective date of <span class="dictionary">consolidation</span>. <a id="paragraph-212396" class="section-permalink" href="https://vacode.org/15.2-3534/#16"><i class="fa fa-link"/></a></p></section>
						<section id="17"><p><span class="prefix-number">17.</span> The agreement may provide for a subsequent <span class="dictionary">referendum</span> of the <span class="dictionary">voters</span> of all or part of one or more of the consolidating localities to be held after a favorable <span class="dictionary">referendum</span> on the initial question of consolidating. This subsequent <span class="dictionary">referendum</span> shall take the sense of the <span class="dictionary">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 <span class="dictionary">locality</span> and consolidating that area or portion with an adjoining <span class="dictionary">locality</span> not a part of the newly consolidated <span class="dictionary">locality</span>. The terms and conditions of this division and <span class="dictionary">consolidation</span> may be included in the agreement or may be determined by the Commission on <span class="dictionary">Local Government</span> if the affected localities are unable to agree. The nonagreeing <span class="dictionary">locality</span> shall have the right to reject the recommendations of the Commission, and not accept such area or portion. <a id="paragraph-212397" class="section-permalink" href="https://vacode.org/15.2-3534/#17"><i class="fa fa-link"/></a></p></section>
						<section id="18"><p><span class="prefix-number">18.</span> In the event of <span class="dictionary">consolidation</span> of counties and cities into a single <span class="dictionary">city</span> which completely surrounds another <span class="dictionary">city</span>, the agreement may provide for the subsequent unilateral <span class="dictionary">consolidation</span> of the surrounded <span class="dictionary">city</span> into the consolidated <span class="dictionary">city</span> at any time. The agreement shall provide that a <span class="dictionary">referendum</span> take the sense of the <span class="dictionary">voters</span> of the surrounded <span class="dictionary">city</span> on the question of whether the surrounded <span class="dictionary">city</span> and the surrounding consolidated <span class="dictionary">city</span> shall consolidate. <a id="paragraph-212398" class="section-permalink" href="https://vacode.org/15.2-3534/#18"><i class="fa fa-link"/></a></p></section>
						<section id="19"><p><span class="prefix-number">19.</span> In the event of <span class="dictionary">consolidation</span> of such counties and cities into a single <span class="dictionary">city</span> which completely surrounds another <span class="dictionary">city</span>, the agreement may provide for the subsequent unilateral <span class="dictionary">consolidation</span> and conversion of the surrounded <span class="dictionary">city</span> to a township within the surrounding consolidated <span class="dictionary">city</span> at any time. The agreement shall provide that a <span class="dictionary">referendum</span> take the sense of the <span class="dictionary">voters</span> of the surrounded <span class="dictionary">city</span> on the question of whether such <span class="dictionary">city</span> shall convert to a township. The township may, in the discretion of its <span class="dictionary">council</span>, continue to be called a <span class="dictionary">city</span> and may formally be referred to as ____________________ <span class="dictionary">city</span>, a Virginia township. Such township shall have no right to become an independent <span class="dictionary">city</span>, nor to annex or exercise any extraterritorial <span class="dictionary">jurisdiction</span> within the consolidated <span class="dictionary">city</span> but otherwise shall have the rights, powers and immunities granted towns. The consolidated <span class="dictionary">city</span>&#x2019;s legal relationship with such township shall be governed by the same <span class="dictionary">laws</span> that govern <span class="dictionary">county</span>-<span class="dictionary">town</span> relationships, except as modified herein. <a id="paragraph-212399" class="section-permalink" href="https://vacode.org/15.2-3534/#19"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 15-222.3; 1950, p. 1607; 1956, c. 554; 1962, c. 623, &#xA7; 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.</history><metadata></metadata></law>
