Virginia Code 15.2-3401: Referendum on contracting of debt by counties in voluntary settlement agreements
Before a county, under the terms of a voluntary agreement pursuant to this chapter, contracts a debt pursuant to Article VII, § 10 (b) of the Constitution of Virginia, the board of supervisors shall, in conformity with Article VII, § 10 (b) of the Constitution of Virginia, petition the circuit court for the county for an order calling for a special election in the county on the question of contracting such debt.
Terms Used In Virginia Code 15.2-3401
- Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
- Contract: A legal written agreement that becomes binding when signed.
- County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
The question on the ballot shall be as follows, provided that the circuit court in its order calling for the election may substitute alternative language necessary to specify the type of agreement or the particular debt which the county proposes to contract under an agreement:
“Shall (name of county) be authorized to contract a debt by entering into a contract for the payment (describe the debt or payment) to (name of locality to whom payments are to be made) as a part of the proposed voluntary annexation and immunity settlement agreement between the county and (name of other locality)?
[ ] Yes
[ ] No”
The clerk of the county shall cause a notice of the referendum to be published three times in a newspaper having general circulation in the county, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the election, and shall post a copy of the notice at the door of the county courthouse.
The election shall be held and the results thereof ascertained and certified in accordance with Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2. If a majority of the voters of the county voting in such election approve the contracting of such debt, the county may proceed to adopt, by ordinance, the agreement.
1985, c. 66, § 15.1-1167.2; 1997, c. 587; 2023, cc. 506, 507; 2024, cc. 225, 242.