An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1915 |
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Law Number | 5 |
Subjects |
Law Body
‘CHAP. 5.—An ACT to authorize the board of supervisors of Norfolk county
_to borrow a sum not to exeeed two hundred and fifty thousand dollars,
for the purpose of purchasing and improving roads and bridges in said
county, and to issue bonds therefor, secured by deed of trust or other lien
on the interest of said county in the Norfolk county ferries; to provide
for the payment of said bonds, to create and authorize a commission to
dispense the funds so obtained, and authorize the circuit court of said
county, or the judge thereof.in vacation, to appoint the members of said
commission. oo . (H. B. 16)
Approved February 1, 1915.
First: Be it enacted by the general assembly of Virginia, That the
board of supervisors of Norfolk county be, and it is hereby, authorized
and empowered to borrow a sum of money not exceeding two hundred
and fifty thousand dollars, for the purpose of road improvements and
for purchasing roads and bridges in said county, and to issue bonds
of said county for said amount, to be known as “road purchase and im-
provement bonds,” said bonds to be either registered or coupon, and
to be in such denominations as may be determined by said board of super-
visors, to be payable twenty years after date, and to bear interest at a
rate not to exceed five per centum per annum, payable semi-annually,
at the office of the treasurer of said county, and shall be exempt from
county taxation. Said bonds shall be signed by the chairman of the
board of supervisors and countersigned by the clerk of said board.
The said board of supervisors of Norfolk county shall have power
to appoint an agent or agents, to negotiate a loan or loans, or to sell
the said bonds; provided, said bonds shall be paid for in lawful money,
and shall not be sold at less than their par value; and, provided further,
that no sale of said bonds shall be made except and before due advertise-
ment in some newspaper or newspapers published in the cities of Norfolk
or Portsmouth, shall have been made continuously for a period of thirty
days, describing fully the bonds proposed to be sold, their interest rate,
the number and amount thereof, the time of their redemption, the right
to anticipate the payment thereof, and asking for bids therefor.
The said board of supervisors is hereby authorized and empowered
to secure the payment of said bonds and the interest thereon by a deed
of trust, or other suitable instrument, which shall be a lien on the in-
terest of the said county in the Norfolk county ferries, the form of which
deed of trust, or other document, shall be such as approved by the Com-
monwealth’s attorney of said county.
After issuing the said bonds, the said board of supervisors shall
cause to be set aside annually, out of the county’s share of the net re-
ceipts from the Norfolk county ferries, a sum equal to the interest on
said bonds and five per centum of the principal, which fund shall be:
used for the purpose of paying the interest on said bonds so issued
as it accrues according to the tenor thereof, and for the further pur-.
pose of creating a sinking fund to satisfy the principal thereof at.
maturity.
Second: The said board of supervisors is hereby authorized and
empowered to apply any part, or all, of said sinking fund to the pay-
ment or purchase of any of said bonds at any time, and all bonds so-
paid off or purchased by said board of supervisors shall be immediately
cancelled, and shall not be reissued, and the board of supervisors is.
authorized and empowered to lend out upon real estate security, the:
loan not to exceed fifty per centum of the assessed value of such real
estate, or to deposit in some bank at interest all accumulations of money
to the credit of said sinking fund provided as aforesaid, and to collect
and reinvest the same and the interest accruing thereon from time to.
time, so often as may be necessary or expedient ; provided, that no money
to the credit of said sinking fund shall be loaned out, deposited or in-
vested by the said board of supervisors, unless said loan, deposit or in--
vestment shall be first approved by the circuit court of said county,
or the judge thereof in vacation, and the form of the security be ex-
amined and approved by the Commonwealth’s attorney for said county,
which approval shall be entered of record in the order book of the said
court.
The money received from the proceeds of said bond issue shall be
paid over to the treasurer of said county, and such part thereof as shall
be expended, shall be paid out only upon the warrant of the “commis-
sion for the purchase and improvements of roads,” hereinafter provided
for, signed by the chairman of said commission and countersigned by
the secretary thereof, or upon such warrants as are provided for in the
general law providing for State money aid in addition to convict labor
for the improvements to public roads.
The said treasurer of Norfolk county and the surety on his official
bond, shall be liable for the amount received from the sale of said bonds.
as though it were a county levy. ,
Third: The circuit court of Norfolk county, or the judge thereof in
vacation, is hereby authorized and directed, within thirty (30) days
after this act becomes effective, to appoint seven (7) residents of said
county, qualified to vote, who shall be known and officially designated
as the “commission for the purchase and improvement of roads.” The
members of said commission shall enter upon their office on or before
the first day of April, nineteen hundred and fifteen, and shall continue
in office for two years; provided, however, that the said judge may, in
his discretion, in the event they shall not have completed their duties
under this act, extend their term of office for one additional year. They
shall qualify as other county officers, and shall give such bond or bonds
as the said court or judge may determine. ‘They shall select from among
themselves a chairman and secretary. Hach member of said commis-
sion shall receive the compensation of five dollars per day for each day
actually served, but such compensation shall not exceed one hundred.
and fifty dollars per annum in any one year. Said commission shall
have charge of and control over the expenditure of all moneys realized
from the sale of the bonds herein provided for, and shall also have charge
of and direct the permanent road improvements of said county made
from the proceeds of such bond issue. It may, for that purpose, obtain
additional legal advice, employ a competent road engineer, accountants
and other necessary assistants, employ labor, receive proposals, and award
contracts, and enforce such rules and regulations as it may adopt, and
shall have power to do all other things that may be necessary to carry
out the powers hereby given; provided, that if said commissioners shall
determine to let said work or any part thereof by contract, and the cost
of such contract is to exceed two hundred and fifty dollars, before the
same shall he awarded bids therefor shall be received after ten days’
advertisement for such bids in one or more newspapers published in the
city of Norfolk or the city of Portsmouth; and, provided further, that
nothing in this act shall be construed to prevent the said commission
from availing itself and Norfolk county of the benefit of the general law
providing for State money aid, in addition to convict labor, for the
improvement of public roads—and of the services of the State highway
commissioner, and of his assistants, in which case, and with reference
thereto, the provisions of the general law shall be followed in lieu of
any of the special provisions of this act which may be in conflict there-
with.
The said commission is hereby authorized and empowered to nego-
tiate for the purchase of any one or more, or all, of the toll roads and
toll bridges, or any right of way or roadbed which, in the judgment of
said commission, is needed for public travel in the county of Norfolk,
and if it can secure the said toll roads and toll bridges, right of way
or roadbed, or either, or both, or all, at a price which it deems reason-
able, the same to be approved by the circuit court of said county, or
the judge thereof in vacation, it may purchase such roads or bridges,
right of way or road-bed, either, or both, or all, at the price so approved,
and pay for the same out of the proceeds of the sale of the bonds herein
provided for, and may use the remainder of said proceeds, or so much
thereof as it may deem proper, for the permanent improvement of the
said roads and bridges, after the same have been acquired as aforesaid,
and for the permanent improvement of other public roads and bridges
of the said county; provided, however, that no such toll roads or toll
bridges shall be so acquired unless and until the proposed acquisition
thereof, and the amount or amounts to be paid therefor, shall first be
approved by the circuit court of said county after said commission shall
have given notice of its intention to apply for such approval by means
of an advertisement published twice a week for two successive weeks in
a newspaper published in the city of Norfolk, and a newspaper published
in th city of Portsmouth; and, provided further, that not more than
seventy-five thousand dollars of such proceeds may be used for the acqui-
sition of such toll roads and toll bridges.
The compensation of the said commission as hereinbefore provided
for, and all necessary expenses incurred by the said commission shal]
be paid out of the proceeds of the sale of the said bonds.
The said commission shall, so far as practicable, give preference to
the acquisition and improvement of the main roads and bridges leading
out from the cities of Norfolk and Portsmouth, as in their judgment
are most used for travel and in greatest need of improvement.
The said commission shall make a report on the first Mondays in
January, April, July and October of each year, to the judge of the circuit
court and to the board of supervisors of said county, which report shall
be in duplicate. Said report shall set forth which roads, if any, have
been improved by the commission during the preceding three months,
and shall contain an itemized statement of the expenditures made by
it, and shall also contain an estimate of the amount needed for the next
three months, and for what purposes and on what roads such expendi-
tures are proposed to be made, and shall likewise contain a full history
of the purchase, if any, of roads and bridges during such period; which
report shall be duly advertised in some newspaper or newspapers pub-
lished in the cities of Norfolk or Portsmouth, for a period of one week
next after said report has been submitted to the said judge and to said
board of supervisors.
The circuit court of said county shall have power to remove from
office any officer appointed under this act, for neglect of duty or mal-
feasance in office. Any vacancy occurring in any office provided by
this act shall be filled by the said court for the unexpired term, and the
compensation provided herein shall be divided and apportioned in such
manner as the said court may direct.
The members of said commission are prohibited from being or be-
coming interested, directly or indirectly, in any purchase, contract or
contracts which may be made by virtue hereof.
The bonds herein authorized shall be issued and sold within three
months from the time this act goes into effect; provided, however, that
the circuit court of the said county of Norfolk, or the judge thereof in
vacation, may, within his discretion, extend such period from time to
time as to the sale of the whole issue or any part thereof; provided, that
the total time of such extension or extensions shall not exceed eighteen
months. And in order to meet an existing emergency, all duties herein
imposed and required shall be performed with all consistent expedition.
Fourth: All acts and parts of acts inconsistent or in conflict with
this act are hereby repealed.
An emergency existing therefor, owing to the almost impassable con-
dition of many of the principal roads and bridges in Norfolk county,
this act shall be in force from its passage.