Chap. 434.—An ACT to amend and re-enact an act to provide {o1 the issuing
of county bonds for permanent‘road or bridge improvements and upkeep
and maintenance in the magisterial districts of the county of Scott, approved
March 13, 1918, chapter 162, page 296. [S B 259]

° Approved March 23, 1920.

1. Be it enacted by the general assembly of Virginia, That bonds
shall be issued by said county for the purpose of macadamizing or
otherwise permanently improving the public roads and bridges of said
magisterial districts in said county upon the condition hereinafter
provided. The circuit court of said county upon the petition of fifty
freeholders of any magisterial district or districts in said county shail
make an order requiring the judges of election at the next election
of county officers, or at any ether time not less than thirty days from
the date of such order which shall be designated therein, to open a
poll and take the sense of the qualified voters of such magisterial
district or districts on the question whether the board of supervisor:
of said county shall issue bonds for said purposes, or either of them
under the provisions of this act. The approximate location, lengtt
and width of such roads as it is proposed to be macadamized or per-
manently improved from the proceeds of the bonds sought to be
issued thereunder, shall be named in the order. The said order shal
designate the magisterial district or districts in which said road or
roads and bridges lie, stating as nearly as practicable what length of
each road lies in each district, and the maximum amount of bonds to be
issued for the permanent. improvement of the roads and bridges in
each district, which shall in no case, together with any bonds pre-
viously issued on behalf of any district and outstanding, exceed an
amount in excess of twenty per centum of the total assessed taxable
values at the time in the said magisterial districts in which the road
or roads are proposed to be built or permanently improved. The quali-
fied voters at any special election held under this act, until otherwise
provided by general law, shall be those qualified to vote at the pre-
ceding November election, and those who may have come of age and
registered since said preceding regular November election, except those
who by commission of crime or removal from the district or districts
have disqualified themselves to vote.

Sec. 2. The regular election of officers of said county in and for
the said district or districts, at the time designated in the order au-
thorizing the vote, shall open polls at the various voting places in the
said district or districts, including the polls at the voting places in the
incorporated towns located within such district or districts, and shall
conduct such election and close the polls in such manner as is provided
by the law in other elections; and at said election, each qualified voter
who shall approve such issue of bonds shall deposit a ticket or ballot
on which shall be written or printed the words, “For bond issue,” and
each qualified voter who shall oppose such issue of bonds shall deposit
a ticket or ballot whereon shall be written or printed the words,
“Against bond issue.” The judges of election at the several voting
places shall immediately after the closing of the polls at each of the
said places, count the ballots deposited, and shall, within two days after
said election, make return thereof as is provided in other elections.
Said ballots shall be printed and furnished by the regular election
officers.

Sec. 3. The commissioners of election of said county shall, within
two days after the judges of election have made returns of the poll
books and ballots as aforesaid, meet at the office of said clerk and,
having taken an oath before him, faithfully to discharge their duties,
canvass the returns and certify the results thereof to the circuit court.

Sec. 4. If it shall appear by the report of the commissioners that
a majority of the qualified voters of the district or districts in which
the road or roads are to be built or permanently improved, voting on
the questions, or on either of them, are in favor of issuing the bonds
for the purposes aforesaid, the circuit court shall, at its next term,
enter of record an order requiring the supervisors of the county to
proceed at their next meeting to carry out the wishes of the voters
©xpressed at the said election.

Sec. 5. The board of supervisors at their meeting, or as soon
thereafter as practicable, shall determine what amount of bonds for
road improvement in said district or districts, not exceeding the maxi-
rmum aforesaid, shall presently be issued, and shall enter of record the
amounts so determined, and in event they do not at said meeting direct
the present issuing of all the said bonds, they may thereafter, from
time to time, direct the residue thereof to be issued to carry out the
wishes of the voters, so far as necessary, as expressed in such election,
and in event the board for any reason, fails or refuses to issue the
bonds so authorized to be issued, the circuit court of the county may
upon the complaint of ten qualified voters of the county and after ten
days’ notice to the chairman of the board, for cause shown, issue an
order directing them to issue the said bonds or any unissued residue
thereof, or such portion thereof as the court may, from time to time,
deem proper to be issued, in order to enable the proper road authorities,
to carry out the wishes of the voters as expressed in said election.
And this remedy shall apply to any bond issue heretofore or hereafter
authorized by voters of any district or districts. They shall have
power to appoint agent or agents to sell said bonds, provided, that
said bonds shall be sold to be paid for in lawful money only, and shall
not be sold at a price that will net the county less than par value.
When a sale of bonds has been negotiated the board of supervisors
shal! issue the same. Such bonds may be either registered or with
coupons attached as said board of supervisors may prescribe, and shall
have written or printed in each the following sentences: “These bonds
are issued for road improvement in__-.------------------- magis-
terial district, but the full faith and credit of the entire county, of

Se ee is hereby pledged for that payment, and a tax is
to be levied upon the property in said district to pay the interest
on them and to create a sinking fund sufficient in amount to pay
them upon maturity.” Said bonds shall be signed by the chairman and
countersigned by the clerk thereof, under the seal of the board; 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, and
shall be payable not exceeding thirty-four years from the date thereof
at said office, but may in the discretion of the said board, be made
redeemable at such time or times or after such period or periods and
upon such notice as the said board may prescribe and stipulate upon
the face of the bonds when issued. The board shall deliver them to
the treasurer of the county, who shall deliver said bonds to the pur-
chasers thereof, or their order, upon the payment of the price thereof.
The said treasurer and his sureties shall be liable for the amount re-
ceived for said bonds as though it were a county levy and said fund
shall be expended for the purposes and in the magisterial district or
districts for which it was intended, and none other. The said treasurer
shall receive as compensation for his services hereunder, one-fourth
of one per centum of the amount thus coming into his hands and also
the reasonable cost to him of giving surety on such additional bond or
bonds as may be required of him, if any, on account of his receipt:
heretofore or hereafter of said funds, and the board of supervisors
of such county may direct the treasurer to deposit the proceeds of
said bond issue in such bank or banks as it may approve, to the
credit of the said treasurer to be paid out on his check therefor, and at
the rate of interest to be specified, and all interest accrued therefrom
shall be accounted for by said treasurer and be expended for the pur-
poses of the said road improvement, and in so far as not necessary
for said road improvement, shall be covered into the sinking fund
for the payment of the principal of said bonds as provided in section
seven.

Sec. 6. After issuing such bonds, or any of them, when the next
levy is made, or tax imposed in said county, a tax shall be levied on
all property liable to State tax in such magisterial district as rated
on the said bond issue, to pay the interest on the bonds so issued, and
to create a sinking fund to redeem the principal thereof at maturity,
and from year to year said levy or assessment shall be made until the
debt and interest are paid, which levy shall not exceed one dollar and
fifty cents on the hundred dollars of taxable property within the said
magisterial district of said county; the amount levied or set apart
as a sinking fund, and the interest accruing thereon, shall be used for
the payment of the principal of said bonds,‘and for no other purpose.

The board of supervisors is hereby authorized and empowered to
apply any part, or all of said sinking fund to the payment or purchase
of any 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 re-issued, and the board of supervisors are authorized and em-
powered to lend out, upon real estate security, the loan not to exceed
fifty per centum of the assessed value of such real estate, or deposit
in bank at interest, all accumulations of money to the credit of said
sinking fund, provided, as aforesaid, and to collect and re-invest the
same and the interest accruing thereon from time to time, so often as
may be necessary or expedient, until such bonds become subject to
call; provided, that 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 said county, or the judge thereof in vacation, and the
form of the security be examined and approved by the Commonwealth's
attorney of said county, which approval shall be entered of record in
the order book of said court.

sec. 7. After such road or roads, or any material part thereof.
shall have been constructed from any bond issue or issues in any
magisterial district of the county, at the time the next annual levy is
made or tax imposed in said county, in addition to the tax levied
for the purpose of paying the interest on the bonds so issued and to
create a sinking fund to redeem the principal thereof at maturity,
a tax shall be levied on all property liable for State tax in such mag-
istertal district as stated on the said bond issue at’a rate to yield a
sum equal to, but not less than three per centum of the amount of
bonds issued in any year, or in lieu thereof, an amount equal to the
amount raised from said additional levy may be set aside by the board
of supervisors from the funds of the county, or may be raised by
other means now provided for by law, which sum shall be expended
under the direction of the State highway commissioner and the local
road authorities in the maintenance and upkeep of the road or roads
constructed and improved hereunder, and from year to year said levy
or assessment shall be made until debt and interest are paid.

Sec. 8. When the said county wishes to redeem any of the out-
standing bonds, subject to call issued under the provisions of this act,
it may through the chairman of the board of supervisors, give notice
of its readiness to do so to the holder in person or by publication thereof
once a week, for two successive weeks in a newspaper published in
said county or nearest thereto. It shall be sufficient in the notice
to give the number and amount of each bond, and fix a day for its pre-
sentation for payment, which shall not be less than ten days from the
date of personal service of the notice, or the completion of the pub-
lication 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.

Sec. 9. Local road authorities of the county shall apply to the
State highway commissioner for, or shall employ a competent road
engineer whose selection shall be approved by the State highway com-
missioner to make plans and specifications of all roads or bridges to
be built or permanently improved from the proceeds of such bond
issue, and to supervise the building of the same, and shall let the
work to contract to the lowest responsible bidder, after due public
access to the specifications and due public advertisement for bids for
at least two consecutive weeks in a newspaper having a general cir-
culation in such county, and in such publication as the State highway
commissioner may deem proper, if any, for the furnishing of all ma-
terial, and for the construction of such road according to such plans
and specifications. Such commissioner and road authorities may reject
any and all bids, and before entering into any contract with any bidder
other than the road authorities, they shall require a bond in the pen-
alty of at least thirty per centum of the contract price, with sufficient
security, conditioned that if the proposal shall be accepted, the con-
tractor will furnish the material and perfrom the work upon the terms
proposed, with the time prescribed, and in accordance with the plans
and specifications ; partial payments may be provided for in the con-
tract, and paid in the manner herein provided when certified to by such
commissioner, or road engineer approved by him, to 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 fas been accepted and open to the public. The
said contractor shall conform to all reasonable regulations and direc-
tions of said highway commissioner or road engineer. The board of
supervisors or road authorities shall have no power or authority to
expend the money derived from the bond sales as aforesaid, except
to pay for materials furnished and work done under supervision and
contract as aforesaid, and to pay for such rights of way as may be
necessary in the discretion of the board of supervisors or local roa«d
authorities.

Sec. 10. The board of supervisors, or the local county road board.
if there be one, and the State highway commissioner, acting jointly, in
their discretion, may authorize the purchase of the necessary ma-
chinery and supplies and build or permanently improve such roads on
account of the magisterial district making the bond issue authorized
in this act ; provided, however, that such work shall be done under the
same supervision as is provided in case the work is done by contract.

Sec. 11. No election upon the question of the issuance of bonds
under this act shall be held oftener than once in one year for the same
magisterial district.

Sec. 12. An emergency existing in order that the magisterial dis-
tricts of the said county may vote upon the question of issuing bonds,
this act shall be in force from its passage.

All acts and parts of acts in conflict with this act are hereby re-
pealed.