ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, July 14, 1993                   TAG: 9307140036
SECTION: VIRGINIA                    PAGE: A-7   EDITION: METRO 
SOURCE: JOEL TURNER STAFF WRITER
DATELINE:                                 LENGTH: Medium


DROPPING CITY CHARTER WOULD TAKE LAW CHANGE

One of Roanoke Mayor David Bowers' proposed strategies for consolidation in the Roanoke Valley apparently would require a change in state law.

The city apparently could not relinquish its charter and become a town in Roanoke County unless the law is revised.

State law provides a mechanism for cities with fewer than 50,000 residents to give up their charters and revert to town status.

But there is no provision for larger cities to do that, said Ted McCormack, assistant director of the state Commission on Local Government.

There is only one case in Virginia where a city has tried to revert to a town.

South Boston has relinquished its charter and sought to become a town in Halifax County. But that case is still on appeal to the Virginia Supreme Court, because the localities did not like the terms and conditions that were set by a lower court.

There is a two-step reversion procedure for cities to become towns. A case is first considered by the Commission on Local Government, which makes a recommendation to a three-judge panel. The court makes its own decision and is not bound by the commission's recommendation.

Bowers said he's willing to consider the idea of Roanoke becoming a town if that's necessary to achieve consolidation. He acknowledges it would be a drastic step, but he said it would be justified if it leads to merger.

If the city became a town, its voters "then could demand local government reform," he said.

Bowers said some state laws will probably have to be changed before the city can become a town.

"No question, we'll need the help of our state legislators," he said.

Roanoke County Supervisor Harry Nickens said the county would be willing to provide governmental services to the city if it gives up its charter and becomes a town.

But he questioned the sincerity of Bowers' proposal, saying that it was released to reporters before other valley governments knew about it.

"I consider it to be another example of soapbox grandstanding," Nickens said.

If the city relinquishes its charter, the county would have no choice but to provide services to it, Nickens said.

He believes the county could provide the same quality of services that city residents now receive.

If the city becomes a town, Nickens said, the county would be on guard against an "end run" by the town to annex county land and achieve consolidation that way.

Nickens said that if Roanoke becomes a town, it should be barred from annexation and becoming a city again for 25 to 50 years.

Under state law, the city is barred from annexation because the county has annexation immunity. But Roanoke would have the right to annex county land if it were a town.

McCormack said Tuesday that a city's reversion to a town within a county is a complicated process because of Virginia's system of independent cities.

It's not necessarily a quick and easy panacea.

Unlike cities, towns are not required to provide schools, social services, public health services, constitutional officers and other programs.

If Roanoke reverted to a town, McCormack said, the county would have the power to tax within the town but it would be required to provide some services.

Roanoke residents would have to pay taxes to both the county and town, as Vinton residents do, if the city gave up its charter.

McCormack said the city's assets and liabilities would have to be balanced with the county to help ensure a fair settlement.

Don Terp, a leader in the opposition to the 1990 consolidation plan, said Tuesday the proposal for the city to give up its charter is a "far-fetched idea that's just not feasible."

Terp said there would be logistical problems in disposing of buildings and other property owned by the city.

"There would be complicated legal issues. It's just not feasible for a city the size of Roanoke," he said.

Two years ago, McCormack said, the Grayson Commission recommended that the population ceiling for cities to revert to a town be increased to 120,000. But the General Assembly did not approve the recommendation.

The Grayson Commission, a legislative study group, spent more than two years reviewing city-county relations.

If Roanoke decides to give up its charter, McCormack said, it apparently will have to seek a general change in the law and raise the reversion ceiling for all cities the size of Roanoke.

The city apparently can't seek the change with special legislation, he said, because the state constitution prohibits changes in the boundaries of counties by this method.



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