State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-35 > 15-2-3542

§ 15.2-3542. Governing body to be elected and take office before effectivedate of consolidation in certain cases; powers.

A. Notwithstanding the provisions of § 15.2-3541 or any other statutoryprovision, in any consolidation which results in the formation of aconsolidated county with a tier-city therein, the consolidation agreement mayprovide as follows:

1. The special election provided in § 15.2-3541 may apply solely to electionof members of boards of supervisors and members of tier-city councils, withall other elected officers being elected at the general election nextpreceding the effective date of consolidation.

2. Members of the governing bodies elected at such special elections mayassume office immediately upon qualification, and no later than thirty daysfollowing 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 theconsolidation agreement:

a. Organization of itself and election of one of its members as chairman ofthe board of supervisors or as mayor, as the case may be.

b. Preparation and approval of budgets applicable to the respective newlyformed governmental entities, for the fiscal year or partial fiscal yearbeginning with the effective date of consolidation.

c. Adoption of ordinances required or permitted by the consolidationagreement, to be effective upon the date of consolidation.

d. Hiring by the newly elected tier-city council of a tier-city manager,tier-city attorney and clerk of council.

e. Hiring by the newly elected board of supervisors of its chiefadministrative officer, county attorney, and clerk of board.

f. Negotiation, preparation and approval of leases, servicing agreements, andother documents required by the consolidation agreement, or otherwise deemedadvisable.

B. Prior to the effective date of consolidation, provision shall be made forfunding the activities described in subdivision 2 of subsection A.

C. Upon the effective date of consolidation, all elected officers who havetaken the oath of office shall assume full powers, duties, rights andresponsibilities of their respective offices.

D. Any member of a governing body of a consolidating locality may be electedto public office, for which he or she is otherwise qualified, in a governingbody of a new governmental entity formed by consolidation. For the limitedtime period and limited purposes specified in subdivision 2 of subsection A,such officers may hold both offices at the same time.

(1984, c. 695, § 15.1-1141.1; 1997, c. 587.)

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-35 > 15-2-3542

§ 15.2-3542. Governing body to be elected and take office before effectivedate of consolidation in certain cases; powers.

A. Notwithstanding the provisions of § 15.2-3541 or any other statutoryprovision, in any consolidation which results in the formation of aconsolidated county with a tier-city therein, the consolidation agreement mayprovide as follows:

1. The special election provided in § 15.2-3541 may apply solely to electionof members of boards of supervisors and members of tier-city councils, withall other elected officers being elected at the general election nextpreceding the effective date of consolidation.

2. Members of the governing bodies elected at such special elections mayassume office immediately upon qualification, and no later than thirty daysfollowing 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 theconsolidation agreement:

a. Organization of itself and election of one of its members as chairman ofthe board of supervisors or as mayor, as the case may be.

b. Preparation and approval of budgets applicable to the respective newlyformed governmental entities, for the fiscal year or partial fiscal yearbeginning with the effective date of consolidation.

c. Adoption of ordinances required or permitted by the consolidationagreement, to be effective upon the date of consolidation.

d. Hiring by the newly elected tier-city council of a tier-city manager,tier-city attorney and clerk of council.

e. Hiring by the newly elected board of supervisors of its chiefadministrative officer, county attorney, and clerk of board.

f. Negotiation, preparation and approval of leases, servicing agreements, andother documents required by the consolidation agreement, or otherwise deemedadvisable.

B. Prior to the effective date of consolidation, provision shall be made forfunding the activities described in subdivision 2 of subsection A.

C. Upon the effective date of consolidation, all elected officers who havetaken the oath of office shall assume full powers, duties, rights andresponsibilities of their respective offices.

D. Any member of a governing body of a consolidating locality may be electedto public office, for which he or she is otherwise qualified, in a governingbody of a new governmental entity formed by consolidation. For the limitedtime period and limited purposes specified in subdivision 2 of subsection A,such officers may hold both offices at the same time.

(1984, c. 695, § 15.1-1141.1; 1997, c. 587.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-35 > 15-2-3542

§ 15.2-3542. Governing body to be elected and take office before effectivedate of consolidation in certain cases; powers.

A. Notwithstanding the provisions of § 15.2-3541 or any other statutoryprovision, in any consolidation which results in the formation of aconsolidated county with a tier-city therein, the consolidation agreement mayprovide as follows:

1. The special election provided in § 15.2-3541 may apply solely to electionof members of boards of supervisors and members of tier-city councils, withall other elected officers being elected at the general election nextpreceding the effective date of consolidation.

2. Members of the governing bodies elected at such special elections mayassume office immediately upon qualification, and no later than thirty daysfollowing 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 theconsolidation agreement:

a. Organization of itself and election of one of its members as chairman ofthe board of supervisors or as mayor, as the case may be.

b. Preparation and approval of budgets applicable to the respective newlyformed governmental entities, for the fiscal year or partial fiscal yearbeginning with the effective date of consolidation.

c. Adoption of ordinances required or permitted by the consolidationagreement, to be effective upon the date of consolidation.

d. Hiring by the newly elected tier-city council of a tier-city manager,tier-city attorney and clerk of council.

e. Hiring by the newly elected board of supervisors of its chiefadministrative officer, county attorney, and clerk of board.

f. Negotiation, preparation and approval of leases, servicing agreements, andother documents required by the consolidation agreement, or otherwise deemedadvisable.

B. Prior to the effective date of consolidation, provision shall be made forfunding the activities described in subdivision 2 of subsection A.

C. Upon the effective date of consolidation, all elected officers who havetaken the oath of office shall assume full powers, duties, rights andresponsibilities of their respective offices.

D. Any member of a governing body of a consolidating locality may be electedto public office, for which he or she is otherwise qualified, in a governingbody of a new governmental entity formed by consolidation. For the limitedtime period and limited purposes specified in subdivision 2 of subsection A,such officers may hold both offices at the same time.

(1984, c. 695, § 15.1-1141.1; 1997, c. 587.)