§ 15.2-3400. Voluntary settlements among local governments.
Recognizing that the localities of the Commonwealth may be able to settle thematters provided for in this subtitle through voluntary agreements andfurther recognizing that such a resolution can be beneficial to the orderlygrowth and continued viability of the localities of the Commonwealth thefollowing provisions are made:
1. Any locality may enter voluntarily into agreement with any other localityor combination of localities whereby any rights provided for its benefit inthis subtitle may be modified or waived in whole or in part, as determined byits governing body, provided that the modification or waiver does notconflict with the Constitution of Virginia.
2. The terms of the agreement may include fiscal arrangements, land usearrangements, zoning arrangements, subdivision arrangements and arrangementsfor infrastructure, revenue and economic growth sharing, provisions for theacceptance on each other's behalf of proffered conditions under § 15.2-2298or 15.2-2303, dedication of all or any portion of tax revenues to a revenueand economic growth sharing account, boundary line adjustments, acquisitionof real property and buildings and the joint exercise or delegation of powersas well as the modification or waiver of specific annexation, transition orimmunity rights as determined by the local governing body includingopposition to petitions filed pursuant to § 15.2-3203, and such otherprovisions as the parties deem in their best interest. The terms of theagreement may also provide for subsequent court review, instituted pursuantto provisions contained in the agreement, by a special court convened underChapter 30 (§ 15.2-3000 et seq.) of this title.
3. If a voluntary agreement is reached pursuant to this chapter, thegoverning bodies shall present to the Commission the proposed settlement. TheCommission shall conduct a hearing pursuant to subsection A of § 15.2-2907.The Commission shall report, in writing, its findings and recommendations asto whether the proposed settlement is in the best interest of theCommonwealth. Such report shall not be binding upon any court but shall beadvisory in nature only.
4. Upon receipt of the Commission report, the localities, by ordinance passedby a recorded affirmative vote of a majority of the members of each governingbody thereof, may adopt either the original or a modified agreementacceptable to all parties. Before adopting such ordinance each localgoverning body shall advertise its intention to approve such agreement, ormodified agreement, at least once a week for two successive weeks in anewspaper having a general circulation in its jurisdiction and suchadvertisements shall contain a descriptive summary of the agreement ormodified agreement. Each locality shall hold at least one public hearing onthe agreement or modified agreement prior to the adoption of the ordinance.The publication shall include a statement that a copy of the agreement, ormodified agreement, is on file in the office of the clerk of the circuitcourt for each of the affected jurisdictions.
5. The governing bodies shall petition a circuit court having jurisdiction inone or more of the localities for an order affirming the proposed settlement.The circuit court with which the petition is filed shall notify the SupremeCourt, which shall appoint a special court to hear the case as prescribed byChapter 30 (§ 15.2-3000 et seq.) of this title. The special court shall belimited in its decision to either affirming or denying the voluntaryagreement and shall have no authority, without the express approval of eachlocal governing body, to amend or change the terms or conditions of theagreement, but shall have the authority to validate the agreement and give itfull force and effect. The court shall affirm the agreement unless the courtfinds either that the agreement is contrary to the best interests of theCommonwealth or that it is not in the best interests of each of the partiesthereto. In determining whether such agreement should be affirmed, the courtshall consider, among other things, whether the interest of the Commonwealthin promoting orderly growth and the continued viability of localities hasbeen met. If the agreement is validated and provides for annexation by a cityor town, the agreement shall take effect on the first day of the monthsucceeding validation of the agreement unless the agreement stipulates thatthe annexation shall be effective on some other date.
6. The agreement shall not become binding on the localities until affirmed bythe special court under this section. Once approved by the special court, theagreement shall also bind future local governing bodies of the localities.
7. The applicable provisions of this chapter shall be deemed to have been metwith regard to any voluntary fiscal agreement or voluntary agreement insettlement of an annexation, transition or immunity petition or voluntarysettlement agreement entered into pursuant to this chapter (i) which wasentered into before July 1, 1990, (ii) which had been reviewed or was in theprocess of review by the Commission on Local Government on or before July 1,1990, (iii) which had been or was the subject of review by a special courtconvened under Chapter 30 of this title on or before July 1, 1990, or (iv)which had been or was approved by a special court convened under Chapter 30of this title on or before July 1, 1990.
8. The provisions of § 15.2-3226 shall apply when a voluntary agreement madeunder this section includes the annexation of territory by a city or town. Noelection for members of council shall be held as a result of such annexationunless the city or town increases its population by more than five percentdue to the annexation.
(1983, c. 523, § 15.1-1167.1; 1985, c. 478; 1986, c. 333; 1988, c. 881; 1990,cc. 62, 326; 1994, c. 293; 1996, cc. 644, 650; 1997, c. 587; 2003, cc. 197,444, 583; 2006, c. 212.)
§ 15.2-3400. Voluntary settlements among local governments.
Recognizing that the localities of the Commonwealth may be able to settle thematters provided for in this subtitle through voluntary agreements andfurther recognizing that such a resolution can be beneficial to the orderlygrowth and continued viability of the localities of the Commonwealth thefollowing provisions are made:
1. Any locality may enter voluntarily into agreement with any other localityor combination of localities whereby any rights provided for its benefit inthis subtitle may be modified or waived in whole or in part, as determined byits governing body, provided that the modification or waiver does notconflict with the Constitution of Virginia.
2. The terms of the agreement may include fiscal arrangements, land usearrangements, zoning arrangements, subdivision arrangements and arrangementsfor infrastructure, revenue and economic growth sharing, provisions for theacceptance on each other's behalf of proffered conditions under § 15.2-2298or 15.2-2303, dedication of all or any portion of tax revenues to a revenueand economic growth sharing account, boundary line adjustments, acquisitionof real property and buildings and the joint exercise or delegation of powersas well as the modification or waiver of specific annexation, transition orimmunity rights as determined by the local governing body includingopposition to petitions filed pursuant to § 15.2-3203, and such otherprovisions as the parties deem in their best interest. The terms of theagreement may also provide for subsequent court review, instituted pursuantto provisions contained in the agreement, by a special court convened underChapter 30 (§ 15.2-3000 et seq.) of this title.
3. If a voluntary agreement is reached pursuant to this chapter, thegoverning bodies shall present to the Commission the proposed settlement. TheCommission shall conduct a hearing pursuant to subsection A of § 15.2-2907.The Commission shall report, in writing, its findings and recommendations asto whether the proposed settlement is in the best interest of theCommonwealth. Such report shall not be binding upon any court but shall beadvisory in nature only.
4. Upon receipt of the Commission report, the localities, by ordinance passedby a recorded affirmative vote of a majority of the members of each governingbody thereof, may adopt either the original or a modified agreementacceptable to all parties. Before adopting such ordinance each localgoverning body shall advertise its intention to approve such agreement, ormodified agreement, at least once a week for two successive weeks in anewspaper having a general circulation in its jurisdiction and suchadvertisements shall contain a descriptive summary of the agreement ormodified agreement. Each locality shall hold at least one public hearing onthe agreement or modified agreement prior to the adoption of the ordinance.The publication shall include a statement that a copy of the agreement, ormodified agreement, is on file in the office of the clerk of the circuitcourt for each of the affected jurisdictions.
5. The governing bodies shall petition a circuit court having jurisdiction inone or more of the localities for an order affirming the proposed settlement.The circuit court with which the petition is filed shall notify the SupremeCourt, which shall appoint a special court to hear the case as prescribed byChapter 30 (§ 15.2-3000 et seq.) of this title. The special court shall belimited in its decision to either affirming or denying the voluntaryagreement and shall have no authority, without the express approval of eachlocal governing body, to amend or change the terms or conditions of theagreement, but shall have the authority to validate the agreement and give itfull force and effect. The court shall affirm the agreement unless the courtfinds either that the agreement is contrary to the best interests of theCommonwealth or that it is not in the best interests of each of the partiesthereto. In determining whether such agreement should be affirmed, the courtshall consider, among other things, whether the interest of the Commonwealthin promoting orderly growth and the continued viability of localities hasbeen met. If the agreement is validated and provides for annexation by a cityor town, the agreement shall take effect on the first day of the monthsucceeding validation of the agreement unless the agreement stipulates thatthe annexation shall be effective on some other date.
6. The agreement shall not become binding on the localities until affirmed bythe special court under this section. Once approved by the special court, theagreement shall also bind future local governing bodies of the localities.
7. The applicable provisions of this chapter shall be deemed to have been metwith regard to any voluntary fiscal agreement or voluntary agreement insettlement of an annexation, transition or immunity petition or voluntarysettlement agreement entered into pursuant to this chapter (i) which wasentered into before July 1, 1990, (ii) which had been reviewed or was in theprocess of review by the Commission on Local Government on or before July 1,1990, (iii) which had been or was the subject of review by a special courtconvened under Chapter 30 of this title on or before July 1, 1990, or (iv)which had been or was approved by a special court convened under Chapter 30of this title on or before July 1, 1990.
8. The provisions of § 15.2-3226 shall apply when a voluntary agreement madeunder this section includes the annexation of territory by a city or town. Noelection for members of council shall be held as a result of such annexationunless the city or town increases its population by more than five percentdue to the annexation.
(1983, c. 523, § 15.1-1167.1; 1985, c. 478; 1986, c. 333; 1988, c. 881; 1990,cc. 62, 326; 1994, c. 293; 1996, cc. 644, 650; 1997, c. 587; 2003, cc. 197,444, 583; 2006, c. 212.)
§ 15.2-3400. Voluntary settlements among local governments.
Recognizing that the localities of the Commonwealth may be able to settle thematters provided for in this subtitle through voluntary agreements andfurther recognizing that such a resolution can be beneficial to the orderlygrowth and continued viability of the localities of the Commonwealth thefollowing provisions are made:
1. Any locality may enter voluntarily into agreement with any other localityor combination of localities whereby any rights provided for its benefit inthis subtitle may be modified or waived in whole or in part, as determined byits governing body, provided that the modification or waiver does notconflict with the Constitution of Virginia.
2. The terms of the agreement may include fiscal arrangements, land usearrangements, zoning arrangements, subdivision arrangements and arrangementsfor infrastructure, revenue and economic growth sharing, provisions for theacceptance on each other's behalf of proffered conditions under § 15.2-2298or 15.2-2303, dedication of all or any portion of tax revenues to a revenueand economic growth sharing account, boundary line adjustments, acquisitionof real property and buildings and the joint exercise or delegation of powersas well as the modification or waiver of specific annexation, transition orimmunity rights as determined by the local governing body includingopposition to petitions filed pursuant to § 15.2-3203, and such otherprovisions as the parties deem in their best interest. The terms of theagreement may also provide for subsequent court review, instituted pursuantto provisions contained in the agreement, by a special court convened underChapter 30 (§ 15.2-3000 et seq.) of this title.
3. If a voluntary agreement is reached pursuant to this chapter, thegoverning bodies shall present to the Commission the proposed settlement. TheCommission shall conduct a hearing pursuant to subsection A of § 15.2-2907.The Commission shall report, in writing, its findings and recommendations asto whether the proposed settlement is in the best interest of theCommonwealth. Such report shall not be binding upon any court but shall beadvisory in nature only.
4. Upon receipt of the Commission report, the localities, by ordinance passedby a recorded affirmative vote of a majority of the members of each governingbody thereof, may adopt either the original or a modified agreementacceptable to all parties. Before adopting such ordinance each localgoverning body shall advertise its intention to approve such agreement, ormodified agreement, at least once a week for two successive weeks in anewspaper having a general circulation in its jurisdiction and suchadvertisements shall contain a descriptive summary of the agreement ormodified agreement. Each locality shall hold at least one public hearing onthe agreement or modified agreement prior to the adoption of the ordinance.The publication shall include a statement that a copy of the agreement, ormodified agreement, is on file in the office of the clerk of the circuitcourt for each of the affected jurisdictions.
5. The governing bodies shall petition a circuit court having jurisdiction inone or more of the localities for an order affirming the proposed settlement.The circuit court with which the petition is filed shall notify the SupremeCourt, which shall appoint a special court to hear the case as prescribed byChapter 30 (§ 15.2-3000 et seq.) of this title. The special court shall belimited in its decision to either affirming or denying the voluntaryagreement and shall have no authority, without the express approval of eachlocal governing body, to amend or change the terms or conditions of theagreement, but shall have the authority to validate the agreement and give itfull force and effect. The court shall affirm the agreement unless the courtfinds either that the agreement is contrary to the best interests of theCommonwealth or that it is not in the best interests of each of the partiesthereto. In determining whether such agreement should be affirmed, the courtshall consider, among other things, whether the interest of the Commonwealthin promoting orderly growth and the continued viability of localities hasbeen met. If the agreement is validated and provides for annexation by a cityor town, the agreement shall take effect on the first day of the monthsucceeding validation of the agreement unless the agreement stipulates thatthe annexation shall be effective on some other date.
6. The agreement shall not become binding on the localities until affirmed bythe special court under this section. Once approved by the special court, theagreement shall also bind future local governing bodies of the localities.
7. The applicable provisions of this chapter shall be deemed to have been metwith regard to any voluntary fiscal agreement or voluntary agreement insettlement of an annexation, transition or immunity petition or voluntarysettlement agreement entered into pursuant to this chapter (i) which wasentered into before July 1, 1990, (ii) which had been reviewed or was in theprocess of review by the Commission on Local Government on or before July 1,1990, (iii) which had been or was the subject of review by a special courtconvened under Chapter 30 of this title on or before July 1, 1990, or (iv)which had been or was approved by a special court convened under Chapter 30of this title on or before July 1, 1990.
8. The provisions of § 15.2-3226 shall apply when a voluntary agreement madeunder this section includes the annexation of territory by a city or town. Noelection for members of council shall be held as a result of such annexationunless the city or town increases its population by more than five percentdue to the annexation.
(1983, c. 523, § 15.1-1167.1; 1985, c. 478; 1986, c. 333; 1988, c. 881; 1990,cc. 62, 326; 1994, c. 293; 1996, cc. 644, 650; 1997, c. 587; 2003, cc. 197,444, 583; 2006, c. 212.)
