Chap. 120.—An ACT to provide for building and permanently improving the
public roads and bridges in the magisterial districts of Washington county,
Virginia, or any magisterial district therein; to authorize the board of
supervisors of Washington county to issue bonds for permanent road and
bridge ‘improvement or construction in any or all of the magisterial dis-
tricts in said county, on a petition signed by a majority of the qualified
voters in such district or districts; and to provide a sinking fund for the
redemption of the bonds; and a levy for maintenance of the sinking fund
and maintenance and upkeep of said roads, and to provide for the con-
struction or improvement of such roads and bridges. [H B 178]

Approved March 4, 1922.

1. Be it enacted by the general assembly of Virginia, That the board
of supervisors of Washington county, be and they hereby are au-
thorized to issue bonds in the name of the county of Washington
for the purpose of surveying, constructing, macadamizing or otherwise
permanently improving the public roads and for building bridges
therein and thereon in any or all of the magisterial districts of
Washington county, except the Abingdon magisterial district which
is expressly excepted from the provisions of this act, on the following
conditions:

2. Whenever requested so to do by a petition of fifty or more quali-
fied voters of any said magisterial district in Washington county, or
whenever thought advisable by a majority of the board of supervisors,
a petition shall be prepared by the said board in which shall be named
and specified the roads and bridges deemed advisable, or requested,
to be built or permanently improved in any said magisterial district,
giving the approximate location, proposed length and width, type and
approximate maximum cost of the construction or improvement of
such road or roads and bridges, which approximate maximum cost,
shall have been checked and assured by the State highway commis-
sioner, resident engineer, or his representative, and by the county
engineer to be large enough to cover the cost of the proposed work
which said petition shall, in terms, request the board of supervisors
to issue bonds in an amount sufficient to survey, construct, macadam-
ize or otherwise permanently improve the said road or roads and to
build or improve the said bridge or bridges thercon.

3. After the said petition so prepared by the board of supervisors,
as aforesaid, shall have been circulated it shall be checked by the said
board or clerk thereof with the list of qualified voters at the last
preceding regular November election to see that said petition has
only the names of those who were qualified to vote in the preceding
regular November election and those who may have come of age and
registered since said November election, signed thereto. If there be
any names signed to said petition or subscribed thereon of persons
who were not regularly qualified to vote at said preceding November
election and whose names were not on said voting list, or who have
not come of age and registered since said November election, the
said board of supervisors shall strike off such names. If, after striking
off any such names, there remains the bona fide signatures of fifty-one
per centum of the qualified voters of said district on said petition,
the board shall have the said petition, with such bona fide signatures,
published in one issue of a newspaper of general circulation of Wash-
ington county, Virginia, and in two issues of the Bristol Herald
Courier, a newspaper published in Bristol, Virginia, and a certified
copy of said petition and the signatures thereon shall be posted at the
front door of the county court house, at Abingdon, and one copy of
said petition and signatures thereto shall be posted at each voting
precinct in the magisterial district or districts in which the roads
designated in said petition are to be constructed.

4. After said petition with the signatures thereon has been pub-
lished and posted, as aforesaid, if any of those whose names are
signed to said petition shall come before the said board of supervisors
or the clerk and make oath that such person neither signed the said
petition nor authorized his (or her) name to be signed thereto, the
name of such person or persons making such oath shall be stricken
from said petition. If, within fifteen days after the said petition
has been first posted and published, as aforesaid, there shall remain,
on said petition, the names of fifty-one per centum of the voters in
such district, who were qualified to vote in the preceding November
election or who have become of age and registered since said regular
November election exclusive of any names which have been stricken
off, as aforesaid, by virture of the oath above provided for, the
board of supervisors shall be authorized to issue bonds for a sum not
exceeding the approximate maximum cost of such road or roads, or
bridges, specified in said petition, and which sum together with any
prior bond issue shall not exceed fifteen per centum of the taxable
values as aforesaid, within the district including any incorporated
town within such district, except Kinderhook magisterial district
which may not exceed twenty-five per centum of the taxable values
therein. But before the issuance of any bonds the said petition with
the verified signatures shall be approved by the chairman of the board
of supervisors, attested by the clerk and recorded:

5. Immediately upon the recordation of said petition the board of
supervisors are hereby authorized to issue bonds of the county for
a sum not exceeding the maximum estimated cost specified in said
petition and not in excess of the per centum of the assessed valuation
of taxable property for the current year of such magisterial district,
including the taxable property within any incorporated town within
such district as hereinbefore provided.
The board shall at their first meeting after said petition has been
recorded, or as soon thereafter as possible, determine the amount
of bonds, not exceeding the maximum aforesaid, to be issued and shall
enter of record the amount so determined. The board shall have
power in its discretion, to appoint an agent or agents to negotiate
a loan or loans or to sell said bonds provided said bonds shall be paid
for in lawful money of the United States and shall not be sold at less
than their par value. The bonds shall be registered or with coupons
attached, as the board of supervisors may prescribe. They shall be
signed by the chairman of the board and countersigned by the clerk
thereof. They shall be in denominations of one hundred dollars
or some multiple thereof, shall bear interest at a rate not exceeding
six per centum per annum, payable semi-annually, at the office of the
treasurer of said county, or at such other place as the board may
prescribe and stipulate upon the face of the bonds when issued.
The bonds shall mature in not more than thirty years from the date
thereof, and the board at its discretion may issue the bonds, or any
part thereof to mature in five years from date thereof, and each
year thereafter up until a date not more than thirty years from the
date thereof, but each and all bonds shall specify on the face thereof
its date of maturity, but the board shall have the right to redeem
all of such bonds, not previously paid for or redeemed at any date
after the expiration of ten years from the date thereof, provided,
this privilege, if exercised by the board, shall be stated on the face
of the bonds when issued. The bonds shall be issued in the name of
Washington county, Virginia; shall be signed by the chairman of
the board of supervisors of said county and shall have annexed
thereto the seal of the board. The board shall deliver the bonds,
when issued, to the treasurer of the county, who shall deliver them
to the purchaser upon the payment of the price thereof. The treas-
urer and his sureties shall be liable for the amount received for said
bonds, as though it were a county levy and said funds shall be ex-
pended for the purposes for which they were intended and none other.

6. The board of supervisors are authorized to lay a levy not in
conflict with general law upon the district in which said road or roads
and bridges are to be constructed or improved, and for which the
bonds are issued, sufficient to create a sinking fund to be applied
to the redemption and payment of the bonds so issued and shall,
annually, until such bonds are paid, pay over to the treasurer of
Washington county a sum sufficient to pay off such bonds as and when
they mature, and the bonds are to be paid or redeemed within a
period not exceeding thirty years from the date of the bonds. A tax
shall be levied on all property liable to county and district tax in
the magisterial district, including such property located in or the situs
of which, for the purpose of taxation, is within the limits of any
incorporated town, situated within such district for the purpose of
paying interest on the bonds so issued and for maintaining a sinking
fund for redemption of said bonds at maturity or for redeeming
all of them at any time after the expiration of ten years from the date
of the issuance, if the board shall decide 'to redeem them at such
time, and, in addition the levy shall be, in the discretion of the board,
in an amount sufficient, not only to maintain the sinking fund, but
also sufficieut for the maintenance and upkeep of said road or roads,
provided that any sum raised or levied for maintenance and upkeep
shall be expended under the direction of the State highway com-
mission and of the local road authorities; and from year to year
said levy shall be made until the bonds and interest are paid in full.
In lieu of any levy for maintenance and upkeep for said roads an
amount equal thereto may be raised by other means now provided
for by law or which may hereafter be provided by law, but however
raised shall be expended as herein provided.

7. If the county wishes to redeem any of its bonds which may
have been issued subject to call under the provisions hereof, it may,
through the chairman of the board of supervisors give notice of its
intention to do so to the holder in-person, or by publication thereof
once a week for two consecutive weeks in a newspaper published in
Washington county or Bristol, Virginia. It shall be sufficient in the
notice to give the number and amount of each bond and fix a day
for its presentation for payment which shall not be less than ten days
from date of personal service of notice or the completion of the
publication thereof as the case may be. If the bond be not presented
on the day fixed for its redemption, interest thereon shall cease from
that day. Any bonds purchased or paid off by the board of super-
visors shall be immediately cancelled and shall not be reissued. But
none of the bonds shall be redeemed on call unless the privilege of
doing so is stated on the face of the bond.

8. The amount levied and set apart as a sinking fund and the in-
terest accruing thereon shall be used for the payment of the principal
and interest of said bonds and for no other purpose. The amount
levied and set apart for maintenance and upkeep shall be used for that
purpose and no other. 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 the real estate given
as security therefor or deposit in banks at interest any accumulation
of money to the credit of the sinking fund, and to collect and re-invest
the same and the interest thereon from time to time, so often as
may be necessary or expedient, until the bonds mature or are called
for payment or redemption ; but no money to the credit of said sinking
fund shall be loaned out or deposited or invested by the said board
of supervisors unless said loan, deposit, or investment shall be first
approved by the circuit court of the county, or the judge thereof in
vacation, and the form and substance of security be inquired into,
examined and approved by the Commonwealth’s attorney of the
county and such other counsel, if any, as the board may employ for
the purpose, which approval shall be entered of record in the law
order book of said court.

9. The board of supervisors shall apply to the State highway
commission for, or shall employ, a competent road engineer whose
selection shall be approved by the State highway commission and who
may be the county engineer, to make plans and specifications for all
roads or bridges to be built or permanently improved from the pro-
ceeds of such bond issue.

The board of supervisors and the State highway commission
acting jointly, may build the said road or roads or improve the
same and build any bridge provided for under their own supervision
and direction and in their discretion may purchase the necessary
machinery and supplies and build or permanently improve such road
or roads and bridges on account of the magisterial district in whose
interest the bonds are issued; or in the discretion of the board of
supervisors all of the work or any part thereof may be let to contract
as in the next succeediny section provided.

10. If the board shall decide to let the said work, or any part
thereof to contract, the same shall be let to contract to the lowest
responsible bidder, after due public access to specifications and due
public advertising for bidders for at least two consecutive weeks,
in a newspaper of general circulation in such county, or, if the board
prescribe, in a separate paper published in Bristol, Virginia, or such
publication as the State highway commission may deem proper, if
any, for the furnishing of material and for the construction of such
road or roads according to the plans and specifications which shall
be the same as provided for in the next preceding section, and the State
highway commission and the board of supervisors may award such
contract to the lowest responsible bidders. The said State highway
commission and board of supervisors may reject any and all bids, and
before entering into any contract, with any bidder, they shall require
a bond in the penalty of at least thirty per centum of the contract
price, with sufficient security, conditioned that if the proposal shall be
accepted the contractor shall furnish the material and perform the
work upon the terms proposed within the time prescribed and in
accordance with the plans and specifications. Partial payments may
be provided for in the contract and paid in the manner herein pro-
vided, when certified to by such commission or road engineer in an
amount not exceeding ninety per centum of the value of the work
done and ten per centum of the contract price shall be retained until
ninety days after the entire work has been accomplished and open to
the public. The said contractor shall conform to all reasonable reg-
ulations and directions of the said highway commission or road
engineer.

11. Bonds may be issued by the board of supervisors for Wash-
ington county for surveying, constructing, macadamizing or other-
wise permanently improving the roads and for constructing or im-
proving bridges on such roads in any magisterial district in Washing-
ton county, Virginia, under the conditions hereinbefore fully specified ;
and the board is authorized to issue bonds for the construction or
improvement of roads and bridges in any one of such magisterial
districts and in all of them whenever the district in which the roads
or bridges to be improved or constructed shall comply with the
provisions of this act, and the bonds issued in pursuance of this act
shall be in the name of Washington county, and guaranteed by
the county.

12. There being an immediate necessity and demand for the con-
struction and improvement of roads and bridges in some, if not all,
of the magisterial districts of Washington county, an emergency
exists and this act shall be in force from its passage.