Warwick County v. City Of Newport News

• Decision Date: 16 November 1916
• Citation: 90 S.E. 644
• Parties: WARWICK COUNTY et al. v. CITY OF NEWPORT NEWS.
• Court: Virginia Supreme Court

(120 Va. 177)

90 S.E. 644

WARWICK COUNTY et al.

v.CITY OF NEWPORT NEWS.

Supreme Court of Appeals of Virginia.

Nov. 16, 1916.

Error to Circuit Court, Warwick County.

Petition by the City of Newport News against the County of Warwick and others. There was a decree ordering the annexation to the city of certain territory belonging to the county, and the county and others bring error. Judgment affirmed.

The annexation ordinances and the order appealed from are as follows: "

An ordinance to extend the corporate limits of the city of Newport News in pursuance of the provisions of an act of the General Assembly of Virginia, approved March 10th, 1904, and known as section 1014a, Virginia Code 1904.

Be it ordained by the council of the city of Newport News:

1. That the city of Newport News hereby declares that it desires to annex in pursuance of an act of the General Assembly of Virginia, approved March 10th, 1904. and known as section 1014a, Virginia Code 1904, certain territory lying in the county of Warwick, adjacent to the present corporate limits of the city of Newport News, and to that end it doth hereby accurately describe the metes and bounds of such territory as follows:

All that territory lying between the present city limits, as established by an act of the Legislature of Virginia, and the following boundary line: Beginning at the intersection of the center line of Marshall avenue, and the southerly city limits, thence southerly along the center line of Marshall avenue extended, to low-water mark on Hampton Roads, thence westerly along low-water mark on Hampton Roads to low-water mark on James river, thence northwesterly along low-water mark on James river to its intersection with the present southerly city limits.

2. That the necessity for and the expediency of annexing the proposed territory is to give better health, police and fire protection and public school facilities in that territory, than the county in which it is located is enabled with the means at its command, to afford to such community, and, as a result, it endangers the safety of life, health and property, not only without, but within the corporate limits, a part of the said territory being built up to the city limits.

3. That the territory proposed to be annexed is adjacent to the city on its southerly side, and about fifteen miles from the county seat of said county, and is already built upon, though without any sufficient system of sewers, water or gas. or street or other improvements therein, making it not only expedient, but necessary that some complete system of sewerage be promptly provided for the proper sanitation and improvement of such territory, and for the easy and convenient transaction of business with the residents of the city of Newport News and through its courts.

4. The terms and conditions upon which it desires to make the proposed annexation, and provision for the future management of the annexed territory are as follows:

(a) That the city of Newport News shall assume and provide for the reimbursement of the county of a just proportion of any existing debt of said county, if any there be, and shall also make compensation to the said county for any school house or other public building of said county, located within the annexed territory.

(b) That the tax rate upon the land within the annexed territory shall not be increased beyond the rate assessed by the county in which it is located for its purposes at the time of the annexation under this ordinance for a period of five years after such annexation, except upon petition of the majority of the freeholders of the territory annexed.

(c) That all revenues derived by the said city of Newport News from taxation in said territory during the first period of five years, either on property or from other sources, including licenses, shall be wholly expended by the city of Newport News upon streets, sewers, lights, water and other public improvements in the territory annexed, provided, however, that at any time within the said five years, the council of the city of Newport News, may, by ordinance, set apart a sum equal to twelve per centum of the assessed value at the time of the annexation, of the lands annexed, or of such part thereof, as may be determined upon by the said council, which sums so set apart, shall be wholly expended in public improvements in and for the benefit of the annexed territory, or part thereof, as may be determined as aforesaid; and when said sum shall have been so set apart and said public improvements shall have been begun, the land annexed, or part thereof, as aforesaid, shall be subject to the city tax rate, and the proceeds thereof shall be paid into the city treasury, along with all other taxesand licenses in such territory, for general purposes, although said five years shall not have elapsed, provided that the said sum to be set apart and expended shall be reduced by the sum-already expended in said improvements under any other plan of annexation, provided further that out of the proceeds of sale of the next issue of bonds by the city of Newport News, after such annexation, the said sum equal to the said twelve per centum of the assessed value at the time of annexation of the land annexed, reduced by the sums hereinbefore mentioned shall be set apart and expended in said territory as hereinbefore directed, unless said sum has been already so expended.

(d) That all county levies imposed on persons and property within such territory for the current fiscal year, in which said annexation is made, shall be paid to the county.

(e) That the taxes assessed, collected and expended during the said period of five years shall be so assessed, collected and kept, that the same may be expended as hereinbefore provided in the territory from which it was so collected, until and unless a sum be set apart equal to twelve per centum of the assessed value at the time of the annexation of the lands annexed, and when said sum shall have been so set apart, and the public improvements shall have been begun, the land annexed shall be subject to the city tax rate.

(f) That the city of Newport News will, as soon as annexation is accomplished, afford police and fire protection and public school facilities to the citizens residing in the annexed territory; and will, with all reasonable dispatch, afford and furnish other public facilities and improvements to said citizens, as provided by law.

5. That an additional necessity for expediency of annexing the proposed territory is that within that territory proposed to be annexed, the city owns a large tract of land and is upon said tract constructing at a large expense, a safe harbor for small boats, on the shores of which it hopes to locate many small industries, and that it is constructing from said property a deep water, a pier where steamers and other large vessels may land, to receive and discharge cargoes.

6. That the city attorney be, and he is hereby instructed to institute and prosecute with as little delay as possible the necessary legal proceedings in order to annex to the city of Newport News by proper decree or judgment the territory hereinbefore accurately described, upon the terms and conditions hereinbefore set forth.

This ordinance shall be in force from its passage.

An ordinance to amend an ordinance to extend the corporate limits of the city of Newport News, in pursuance of an act of the General Assembly of Virginia, approved March 10th, 1904, and known as section 1014a Virginia Code 1904, approved April 6th, 1914. Be it ordained by the council of the city of Newport News that an ordinance to extend the corporate limits of the city of Newport News, in pursuance of an act of the General Assembly of Virginia, approved March 10th, 1904, and known as section 1014a, Virginia Code, be amended and reordained to read as follows:

1. That the city of Newport News hereby declares that it desires to annex in pursuance of an act of the General Assembly of Virginia, approved March 10th, 1904, and known as section 1011a, Virginia Code 1904, and acts amendatory thereof, certain territory lying in the county of Warwick, adjacent to the present corporate limits of the city of Newport News, and to that end, it doth hereby accurately describe the metes and bounds of such territory, as follows:

All that territory lying between the present city limits, as established by an act of the Legislature of Virginia, and the following boundary line: Beginning at the intersection of the center line of Marshall avenue, and the southerly city limits, thence southerly along the center line of Marshall avenue extended, to low-water mark on Hampton Roads, thence westerly along low-water mark on Hampton Roads to low-water mark on James river, thence northwesterly along low-water mark on James river to its intersection with the present southerly city limits.

2. That the necessity for and the expediency of annexing the proposed territory is as follows:

(a) To give better health, police and fire protection, and public school facilities in that territory than the county in which it is located affords to that community.

(b) That a large part of the said territory has been subdivided into city lots and blocks, and much of it is built up to the present city limits, being separated therefrom only by a street, and is without any sufficient system of sewers, drainage, water, gas, street or other improvements therein, making it not only expedient, but necessary that some complete system of public improvements shall be adopted in said territory for the safety of the life, health and property therein, as well as within the city of Newport News.

(c) The chief business and sources of employment in the city of Newport News and this adjoining territory is shipbuilding and shipping, much of the latter being the transportation of great quantities of coal to other seaports. Since the incorporation of the city of Newport News, owing to the erection and construction...