Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-06-08
Approved March 10. 1904.

l. Be it enacted by the general as
sembly of Virginia, That whenever II
Is deemed desirable by any city or
town TO annex any territory to sucn
city or town, its council shall declare
by an ordinance, which shall be pass
ed by a recorded affirmative vote or a
majority of all the members elected
to the council, or to each oranch
thereof, when there are two, that II
desires to annex certain territory, ana
shall accurately describe therein the
metes and bounds of the territory
proposed TO be acquired, and set torth
the necessity for or eXpediency CT an
nexation. and the terms and conul-
tions upon which it desires TO annex
srcb territory, as well as the provis-
ions which are made for its future
management and improvement. And
whenever it is deemed desirable Oy
any outlying territory adjacent 10 d
town or city, that such territory
should be annexed to such town or
city. fifty-one per cent. Of its qualitied
voters shall petition the judge OF the
circuit court, setting forth accurately
the metes and bounds desired to be
annexed to such city or town, ana
shall give such notices to the city
council as are hereinafter prescribed
\ TO be given by the city when the city
| takes the initiative, and the city and
comfy shall have the same rights,
movers. duties. and privileges rela-
| lively when the said voters file the
petitions as are hereinafter provided
in cases where the city files such pc
| tition.
. The city or town shall give no.
tice 10 the Commonwealth attorney
and the board of supervisors Of the
county or counties wherein such ter
ritory lies, thai il will, on given day
not less than thirty days thereafter.
move the circuit court OF the county
wherein the greater part OF such ter
ritory lies, or the Judge who may Dt
DESIGNATED TO hear the case, to make
an order authorizing and declaring
! the annexation provided for in the
said ordinance, with which notice
shall be served q certified copy OF
such ordinance. A copy of the said
notice and ordinance shall be publish
| ed at least once a week for four sue
cessiye weeks in some newspaper pub
| lshed in such city or town, anu
| where there is no newspaper pub
! lished therein, then in newspaper
published in some neighboring city
or town having circulation in the
county or counties whose territory is
to be affected The notice and ordi-
nance, after being served as afore-
said, shall be returned to the clerk ol
said circuit court. and when the pub
ication thereof is completed, of which
the certificate of the owner, editor ol
manager of the new spaper publishing
the same shall be proof, the case
shall be docketed for hearing. Any
county whose territory is affected by
the proceedings, or any persons af
fected thereby, may appear and make
themselves parties defendant to The
case, and be represented by counsel
The fees for the service of papers
herein required shall be the same al
those prescribed by law for simila
service, and whenever a city or town
asks for the annexation OF any sucl
territory, said fees and all other cour
costs shall be paid by said city o
town except such as may be incurred
on appeal when the court shall de
termine by whom said appellate cost
may be paid,
3. The court, without jury, shal
be held and presided over by judg
OF some circuit court OF this stat
other than the circuit in which eithe
the city desiring the territory TO b
annexed or the said territory TO b.
annexed lies, and remote therefrom
said Judge to be designated by tn
governor OF this State, and the court
or such Judge in vacation, shall hea
the case upon evidence introduced L
the manner in which evidence is In
troduced in common law cases, an
shall ascertain and determine the nc
4 cessity for or expediency OF annexa
tion. and whether the terms. and cor
ditions set forth in said ordinanc
are reasonable and fair, and whethe
fair and lust provisions are made to
the future management and improve
ment of such territory; and II IN
court or Judge shall be satisfied
the necessity or expediency of sue
annexation. and that such condition
- and provisions are reasonaole an
fair, an order shall be entered provo
ing for the annexation OF sald terr
tory. But IL the court or Judge sha
be of the opinion that no annexatio
is necessary or eXpedient, the motto
TO annex shall be dismissed. In eYFi
case of annexation, such city OF toW
shall assume and provide for the r
= endorsement of the county or coul
r ties of such just proportion OF ar
existing debt of such county or coul
!. ties as may be determined in sa
proceeding, and also for eompens
tion TO any county for any schoc
house or other public building
such county located within the a
y nexed territory, which shall not
reserved in the proceeding to Il
- county. If. however, the court
Judge shall be Of opinion that the a
to nexation of only part of such ter
9. tory is necessary or expedient, or tn
Id said ordinance does not contain ia
e, and reasonable terms. or If it shall
III of the opinion that more terrific
3 should be annexed than was descrl
til ed in the metes and bounds origlni
ly set forth, it shall enter prop
order, embodying what it deems rf