HB1697: Annexation; extends to 2018 temporary restriction on city authority on granting of city charters.
Be it enacted by the General Assembly of Virginia:
1. That 15.2-3201 of the Code of Virginia is amended and reenacted as follows:
15.2-3201. Temporary restrictions on granting of city charters, filing annexation notices, institutions of annexation proceedings and county immunity proceedings.
Beginning January 1, 1987, and terminating on the first to
occur of (i) July 1, 2010 [ 2020 2018 ] , or (ii)
the July 1 next following the expiration of any biennium, other than the
1998-2000, 2000-2002, 2002-2004, 2006-2008, and 2008-2010 bienniums, during
which the General Assembly appropriated for distribution to localities for aid
in their law-enforcement expenditures pursuant to Article 8 ( 9.1-165 et seq.)
of Chapter 1 of Title 9.1 an amount that is less than the total amount required
to be appropriated for such purpose pursuant to subsection A of 9.1-169, no
city shall file against any county an annexation notice with the Commission on
Local Government pursuant to 15.2-2907, and no city shall institute an
annexation court action against any county under any provision of this chapter
except a city that filed an annexation notice before the Commission on Local
Government prior to January 1, 1987. During the same period, with the exception
of a charter for a proposed consolidated city, no city charter shall be granted
or come into force and no suit or notice shall be filed to secure a city
charter. However, the foregoing shall not prohibit the institution of nor
require the stay of an annexation proceeding or the filing of an annexation
notice for the purpose of implementing an annexation agreement, the extent,
terms and conditions of which have been agreed upon by a county and city; nor
shall the foregoing prohibit the institution of or require the stay of an
annexation proceeding by a city which, prior to January 1, 1987, commenced a
proceeding before the Commission on Local Government to review a proposed
voluntary settlement pursuant to 15.2-3400; nor shall the foregoing prohibit
the institution of or require the stay of any annexation proceeding commenced
pursuant to 15.2-2907 or 15.2-3203, except that no such proceeding may be
commenced by a city against any county, nor shall any city be a petitioner in
any annexation proceeding instituted pursuant to 15.2-3203.
Beginning January 1, 1988, and terminating on the first to
occur of (i) July 1, 2010 [ 2020 2018 ] , or (ii)
the July 1 next following the expiration of any biennium, other than the
1998-2000, 2000-2002, 2002-2004, 2006-2008, and 2008-2010 bienniums, during
which the General Assembly appropriated for distribution to localities for aid
in their law-enforcement expenditures pursuant to Article 8 ( 9.1-165 et seq.)
of Chapter 1 of Title 9.1 an amount that is less than the total amount required
to be appropriated for such purpose pursuant to subsection A of 9.1-169, no
county shall file a notice or petition pursuant to the provisions of Chapter 29
( 15.2-2900 et seq.) or Chapter 33 ( 15.2-3300 et seq.) requesting total or
partial immunity from city-initiated annexation and from the incorporation of
new cities within its boundaries. However, the foregoing shall not prohibit the
institution of nor require the stay of an immunity proceeding or the filing of
an immunity notice for the purpose of implementing an immunity agreement, the
extent, terms and conditions of which have been agreed upon by a county and
city.
Be it enacted by the General Assembly of Virginia:
1. That 15.2-3201 of the Code of Virginia is amended and reenacted as follows:
15.2-3201. Temporary restrictions on granting of city charters, filing annexation notices, institutions of annexation proceedings and county immunity proceedings.
Beginning January 1, 1987, and terminating on the first to
occur of (i) July 1, 20102020, or
(ii) the July 1 next following the expiration of any biennium, other than the
1998-2000, 2000-2002, 2002-2004, 2006-2008, and 2008-2010 bienniums, during
which the General Assembly appropriated for distribution to localities for aid
in their law-enforcement expenditures pursuant to Article 8 ( 9.1-165 et seq.)
of Chapter 1 of Title 9.1 an amount that is less than the total amount required
to be appropriated for such purpose pursuant to subsection A of 9.1-169, no
city shall file against any county an annexation notice with the Commission on
Local Government pursuant to 15.2-2907, and no city shall institute an
annexation court action against any county under any provision of this chapter
except a city that filed an annexation notice before the Commission on Local
Government prior to January 1, 1987. During the same period, with the exception
of a charter for a proposed consolidated city, no city charter shall be granted
or come into force and no suit or notice shall be filed to secure a city
charter. However, the foregoing shall not prohibit the institution of nor
require the stay of an annexation proceeding or the filing of an annexation
notice for the purpose of implementing an annexation agreement, the extent,
terms and conditions of which have been agreed upon by a county and city; nor
shall the foregoing prohibit the institution of or require the stay of an
annexation proceeding by a city which, prior to January 1, 1987, commenced a
proceeding before the Commission on Local Government to review a proposed
voluntary settlement pursuant to 15.2-3400; nor shall the foregoing prohibit
the institution of or require the stay of any annexation proceeding commenced
pursuant to 15.2-2907 or 15.2-3203, except that no such proceeding may be
commenced by a city against any county, nor shall any city be a petitioner in
any annexation proceeding instituted pursuant to 15.2-3203.
Beginning January 1, 1988, and terminating on the first to
occur of (i) July 1, 20102020, or
(ii) the July 1 next following the expiration of any biennium, other than the
1998-2000, 2000-2002, 2002-2004, 2006-2008, and 2008-2010 bienniums, during
which the General Assembly appropriated for distribution to localities for aid
in their law-enforcement expenditures pursuant to Article 8 ( 9.1-165 et seq.)
of Chapter 1 of Title 9.1 an amount that is less than the total amount required
to be appropriated for such purpose pursuant to subsection A of 9.1-169, no
county shall file a notice or petition pursuant to the provisions of Chapter 29
( 15.2-2900 et seq.) or Chapter 33 ( 15.2-3300 et seq.) requesting total or
partial immunity from city-initiated annexation and from the incorporation of
new cities within its boundaries. However, the foregoing shall not prohibit the
institution of nor require the stay of an immunity proceeding or the filing of
an immunity notice for the purpose of implementing an immunity agreement, the
extent, terms and conditions of which have been agreed upon by a county and
city.