Chap. 211.—An ACT to amend and re-enact section third of an act entitled
an act to authorize the board of supervisors of Norfolk county to bor-
row a sum not to exceed $250,000, 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, approved February
1, 1915. [S B 359]

Approved March 14, 1918.

1. Be it enacted by the general assembly of Virginia, That
section third of an act entitled an act to authorize the board of
supervisors of Norfolk county to borrow a sum not to exceed 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 hen on the interest of
said county in the Norfolk county ferries; to provide for the pay-
ment of said bonds, to create and authorize a commission to dis-
pense 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, approved February first, nineteen hundred and
fifteen, be amended and re-enacted so as to read as follows:

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 fif-
teen, 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 two additional years. 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. Each member of said commission shall
receive the compensation ‘of five dollars per day for each day
actually served, but such compensation shall not exceed one hun-
dred and fifty dollars per annum to 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 be awarded, bids therefor shall be received after ten days’
advertisement for such bids in one or more newspapers published
in the citv 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 addi-
tion to convict labor, for the improvement of public roads—and
of the services of the State highway commission, and of his assist-
ants, in which case, and with reference thereto, the provisions of
the general law shall be followed in lieu of any of the special pro-
visions of this act which may be in conflict therewith.

The said commission is hereby authorized and empowered to
negotiate 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 reasonable, 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 of roadbed, 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 acqui-
sition 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
week for two successive weeks in a newspaper published in the city
for such approval by means of an advertisement published twice a
of Norfolk, and a newspaper published in the city of Portsmouth;
and provided, further, that not more than seventy-five thousand
dollars of such proceeds may be used for the acquisition of such
toll roads and toll bridges.

The compensation of the said commission, as hereinbefore pro-
vided for. and all necessary expenses incurred by the said com-
mission, shall be paid out‘of the proceeds of the sale of 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 improve-
ment.

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 ex-
penditures 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 expenditures 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 adver-
tised 1m some newspaper or newspapers published 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
becoming interested, directly or indirectly, in any purchase, con-
tract 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 there-
of ; provided, that the total time of such extension or extensions shall
not exceed eighteen months. And in order to meet an existin
emergency, all duties herein imposed and required shall be performe
with all consistent expedition. An emergency existing, this act shall
be in force from its passage.