Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-06-08

the annexation is 10 be had, anu now
much of said territory shall be an
nexed, and shall direct the annexa-
tion of such territory in conformity
with the terms and conditions so pre-
scribed. The court shall so draw the
lines of annexation as TO have a rea-
sonably compact body of land, and
shall also see that no land shall be
taken into said city which is not
adapted to city improvements unless
necessarily embraced in said compact
body of land, or which the city shall
not need in the reasonably near fu-
ture for development. In making It's
decision as to the character ana ex,
tent of annexation the court shall
take into consideration as well' not
only the development OF the city, Dut
also the loss of revenue TO the coun-
ty. But the tax rate upon the land
annexed shall not be increased Tor a
period Of FIVE years after such an
nexation. except upon the petition OF
a majority OF the freeholders of such
territory 10 the city or town council
and all revenues derived by such city
or town from taxation in said terri
tory during such period. either on
property or from other sources IN
cluding licenses. shall be wholly ex-
pended by such city or town upon
street, sewer, light, water or other
pubIic Improvement in said territory:
provided, however, that at any time
within the said five years the councll
of the city or town may by ordinance
set apart a sum equal to twelve per
centum of the assessed value, at the
time of annexation. of the lands an
nexed. which sum so set apart shall
be wholly expended in and Tor the
benefit of the annexed territory I'D
public improvements and when SAID
sum shall have been so set apart ana
said public improvements shall nave
been begun, the land annexed shall be
subject to the city tax rate, and the
proceeds thereof shall be paid into
the city treasury along with all other
taxes and licenses in such territory
for general purposes. although sald
five years shall not hare elapsed: pro-
vided. that said sum TO be so set apart
and expended shall be reduced by the
sum already expended on SAID I'M
rrovements under any other plan OF
annexation, and provided. said sGm
shall also be reduced by the amount
Of any debt OF any town that may be
annexed TO a city CT TO another town:
and, provided. further, that out OF
Tie proceeds of the sale OF the next
;ssae Of bonds by city or town atler
INV such annexation the said sum
equal 10 the said twelve per centum
# the assessed value. at the time OF
annexation. Of the land annexed, re-
-mced by the sums hereinbefore men
toned, shall be set apart. and eXpend-
nl in said territory as hereinbetore
lirected. unless said sum has been al
ready expended. When two or more
cities or towns desire the same terri
CRY and petitions Of their respective
councils are pending at the same
time. the said court or judge shall
consolidate said causes and hear them
rogpther, and enter such order as 10
il shall seem proper, declaring tcI
ybich city or town the said territory
sail be annexed and the terms and
.,nditions of annexation as in other
cases.
4. The county leYies imposed on
crscns and property within such ter
ritCry fer the current fiscal year In
which such annexation Is made shall
De raid TO such county. The clerk OF
the court of such county. in whose Of
ice the land books are filed, shall
forthwith make and certify to the
commissioner of the revenue OF such
.ity from said land books list OF all
zeal estate within the annexed terri
cry as it appears on such land books,
embracing every entry thereon In re-
gard thereto, for which service he
hall be paid by such city the fees
iilowcd by law for similar services.
). An appeal may be granted by
he supreme court OF appeals, or any
'ndge thereof, TO either party from
he judgment OF the court, and the
appeal shall be heard and determin-
I'd without reference to the princi-
rules of demurrer to evidence-the
evidence TO be considered as an ap-
zeal in chancery cases. and costs in
he circuit court shall be awarded as
the said court shall determine. The
costs in the supreme court OF appeals
shall be awarded to the party sub
;tantially prevailing: provided, that
IN any case by consent of all parties
( record the motion to annex may be
dismissed at any time before final
Judgment on appeal.
6. If the judgment OF the circuit
/ ,ourt be reversed on appeal, or if the
Judgment be modified, the appellate
court shall enter such order as the
circuit court should have entered. and
such order shall be final. II the court
| shall refuse to annex portion of the
| territory embraced in the ordinance
| offered by said city, it shall not, dur
ing three years next succeeding the
| entry of the final order in the pro-
| eedng, attempt to have annexed any
portion of the territory embraced in
such ordinance and not annexed.
| The provisions of this statute shall
1 apply TO the annexation by city or
| town of an adjoining town, but shall
| not apply TO the consolidation Of two
| cities. The city or town annexing
| such town shall assume all indebted
| less Of the town so annexed, and shall
| own all the corporate property, fran
| chises and rights of said town.
| 7. The clerk of the court wherein
there is an order entered for the an
| aexation of territory TO any city OF
town of this Commonwealth. under
the provisions of this act, shall make
and certify copy OF so much of the
orders and proceedings in the cause:
as shall show the authorization OF the
transfer of territory from any county
or counties to any city or town, or o.
the territory of any town to any cit!
or town, as the case may be, and de
liver or transmit the same. and alonl
Herewith a full description of th'
territory so annexed. 10 the count!
clerk of any county whose territor!
is affected thereby. who shall forth
with record the same in the name o
the city or town in which such terri
4. | -. =. ......-nd chall alan nnrt 1 Z.