Chap. 93.—An ACT to authorize the creation of certain districts in certain counties
and authorizing the governing bodies thereof to exercise certain powers and
perform certain acts therein and adjacent thereto, providing for elections on,
and issuance of, bond issues; providing for the adoption of ordinances, levy
and collection of taxes, assessments and charges, and the handling thereof ;
providing for appeals in certain cases to the courts ; and authorizing the exercise
by such governing bodies of certain powers in relation to public health and
safety. [H B 212]

Approved March 4, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. Short title; scope—The short title of this act is
Public Facilities District Law. The powers and duties conferred or im-
posed by this act may only be exercised and performed by the board of
supervisors or other governing body of any county having a population
of more than five hundred but less than one thousand per square mile
and a land area of less than seventy but more than thirty square miles,
or of any county having a land area of more than thirty square miles but
less than eighty-five square miles, all according to the last preceding
United States census.

Section 2. Definitions.—As used in this act, unless a different
meaning or construction is clearly required by the context,

(1) “Governing body” means board of supervisors or other gov-
erning body of any such county.

(2) ‘‘Public facilities district”? and “district” means any area of
land in any county which is set off by metes and bounds as a unit in
which or adjacent thereto certain services and facilities are made avail-
able to the residents of the district.

(3) “Small district’? means any area of land in a public facilities
district in any county which is set off by metes and bounds as a unit in
which or adjacent to which certain services and facilities are made avail-
able to the residents or to certain residents.

(4) “Resident” means any person who resides in any area which
has been established as a district or small district.

(5) “Facility” or ‘‘service” means sewer system, water supply sys-
tem, garbage collection system, parks, malaria control, drainage system,
swimming pools, recreation areas, heating system, gas system, police pro-
tection, light systems, sidewalks, curbs and gutters, fire protection serv-
ice, power systems, alleys, streets and any other convenience or improve-
ment deemed necessary or advisable for promoting, protecting and fur-
thering the public health, safety and welfare.

(6) “Voters” means those persons who voted or were eligible to
vote in the latest preceding general election.

(7) ‘Real estate” means all real estate in a district or small district
subject to local taxation.

(8) “Court” means circuit court of the county or judge thereof
in vacation.

(9) “The law”, “this law” means the Public Facilities District Law
as now or hereafter embraced in this act. The singular includes the
plural and the plural the singular whenever such meaning 1s necessary
from the context.

Section 3. Governing body of county to exercise powers and per-
form duties conferred and imposed by this law.—The governing body
of any county in which a district or small district 1s established under
this law shall have all the powers and duties granted to and imposed
upon it hereunder and shall, within the boundaries of the district or small
district, be the governmental authority thereof and is hereby constituted
such authority.

Section 4. Formation.—Upon petition of fifty voters of the pro-
posed district or if there are less than fifty such voters then upon peti-
tion of fifty per centum of the qualified voters, or upon petition of a ma-
jority of the governing body of the county, seeking establishment of a
district the court shall fix a day within sixty days of the date of the order
for a hearing on the question of establishment of the proposed district ;
the order requiring a hearing shall set forth the metes and bounds of the
area proposed to be included 1n the district.

Section 5. Notice and hearing.—The hearing on the question of
establishment of the district shall embrace a consideration of whether
the property included in the proposed district will or will not be bene-
fited by the establishment thereof. Notice of the hearing shall be given
by publication once a week for three successive weeks in a newspaper
of or having general circulation in the county. At least ten (10) days
shall intervene between the date of the last publication and the date set
for the hearing, and no district shall be created until notice has been
given and the hearing had.

Section 6. Proceedings at hearing on petition——Any person in-
terested may, personally or by counsel, answer such petition and make
defense thereto, and if, upon such hearing, the court be of opinion tha
the property embraced within the proposed district, or a portion thereof
will be benefited by the establishment of the district, it shall enter its
order creating such district in the proposed area or in such portion there-
of as will be so benefited thereby. No obligation in relation to the installa-
tion of any facility or the inauguration of any service, as herein provided,
shall be undertaken until the funds to defray the cost thereof have been
made available by one of the methods herein provided or otherwise. If
the court be of opinion that the property will not be benefited it shall dis-
miss the petition. The court shall conduct the hearing without a jury
and no appeal shall lie from its finding.

Section 7. Enlargement, contraction or merger of district and small
districts——Whenever it is sought to enlarge, contract, or merge any dis-
trict or small district with any other district or small district the same
procedure shall be followed and all of the provisions shall be complied
with as are prescribed by this law for the formation of a district or small
district. Notice shall be given as heretofore required and the court shall
consider whether or not the property in the area affected will be bene-
fited by the contraction, enlargement or merger, as requisite. The court
may require all interested persons to appear and show cause why any spe-
cial tax, levy or assessment levied or to be levied in the district or small
district for district purposes may not be likewise levied and collected in
the territory proposed to be added to the district, and why the net operat-
ing revenue derived in the added territory from the operation of any facil-
ity established hereunder may not be set apart to pay the interest on and
retire at maturity the principal of any bonds theretofore issued in connec-
tion with the facility. Nothing in such order enlarging, contracting or
merging any district or small district with another district or small district
as provided herein shall be construed to limit or adversely affect the rights
and interests of any holder of bonds issued by any such district or small
district, and such order shall expressly preserve and protect such rights
and interests. The order of the court hearing such petition for enlarg-
ing, contracting or merging any district or small district with another
such district or small district shall require the governing body of the
county to provide for such equitable adjustment, as to the court seems
proper in the levying of any tax, assessment or charge or the disburse-
ment of any funds remaining from such sources or the amortization of
bonds theretofore issued.

Section 8. Small districts—A small district may be established
within a district as above defined and in the same manner and under the
same procedure as a district is established; and in any county in which
a district has been or is hereafter created the governing body may, if it
deems it necessary, furnish to any thickly populated area within the dis-
trict, the facilities and services which are authorized to be furnished the
residents of a district, the governing body may allocate to the small dis-
trict such sum or sums of money from the district bond issue, or issues,
as are, in their judgment, necessary for the construction of public facili-
ties within such small district so formed.

All property subject to local taxation within the small district shalt?
be primarily obligated for the payment of the interest and principal on
that part of the bonded indebtedness of the district as is equal to that
part of the proceeds therefrom which is allocated for use within such
small district ; the governing body shall, in the event that the net revenue
from the operation of such public facility 1s not sufficient to pay the in-
terest and to create a sinking fund to liquidate the amount so allocated,
levy an annual tax on all real property, subject to local taxation in the
small district, to pay such interest and to make payments into the sinking
fund. This section shall not be construed to exempt the district, and the
property subject to local taxation therein, from its obligation under and
by reason of such district bond issue or issues.

Section 9. Powers and authority of governing body.—After the
entry of any order creating a district or small district the governing
body of the county in which same is located shall have the following pow-
ers and authority, subject to the conditions and limitations hereafter
prescribed :

(1) To construct, reconstruct, maintain, alter, improve, add to,
reduce and to operate any facility or service for the use and benefit of the
public in the district or small district.

(2) To acquire by gift, condemnation, purchase, lease or otherwise,
and to maintain and operate any such facility or service in or adjacent
to the district or small district.

(3) To contract with any person, firm, corporation, association,
State or federal government or agency thereof, or political subdivision
to construct, establish, maintain, and operate such facility or service in
or adjacent to the district or small district.

(4) To require owners and tenants of any property in the district
or small district to connect with and use any such facility or service and
to comply with such regulations as the governing body deems necessary
or prescribes by ordinance for the public interest or benefit in the opera-
tion or maintenance of such facility or services; and to contract with the
owners and tenants for such connections or facilities.

(5) To levy and collect an annual tax upon all real property in the
district or small district subject to local taxation to pay, either in whole
or in part, the expenses and charges incident to the establishment, main-
tenance or operation of any such facility or service; to levy assessments
on all property owners in such district or small district to pay either in
whole or in part, the expenses and charges incident to the establishment,
maintenance or operation of any such facility or service, and to fix and
prescribe the rates of charge incident to the establishment, operation or use
of any such facility or service.

(6) To employ and fix the compensation of any technical, clerical,
legal or other force and help which from time to time, 1s deemed neces-
sary for the establishment, construction, operation or maintenance of any
such facility or service.

(7) To negotiate and contract with any persons, firm, corpora-
tion, political subdivision or State or federal government or any agency
thereof with regard to the connection or use of anv such facility or service,
with any other facility or service now in operation or hereafter to be es-
tablished, and with regard to any other matter necessary and proper for
the construction or operation and maintenance of any such facility or
service with the district or small district.
(8) To contract for the extension of any such facility or providing
any such service in territory outside of the district or small district, and
for the use thereof, upon such terms and conditions as the governing
body from time to time determines upon.

(9) To adopt ordinances in the manner hereinafter set forth to
further the exercise of the powers and authority herein granted and to
compel compliance therewith.

(10) To exercise any other power and authority, including full
police power, needed to further the safety, health and general welfare
of the public in a district or small district.

Section 10. Adoption of ordinance.—No ordinance or by-law shall
be passed until after notice of an intention to propose same for passage
has been published once a week for two successive weeks prior to its
passage in some newspaper published in the county, or if none such
then in a newspaper having general circulation therein, and no such
ordinance or by-law shall become effective until after it has been pub-
lished in full once a week for two successive weeks in a like newspaper.
When use of a facility or service 1s required each day of non-use may be
made a separate offense and punishable accordingly.

Section 11. Bonds.—In order to raise funds needed to carry into
effect the foregoing powers and authority the governing body of the coun-
ty in which the district or small district is located shall have power to
issue bonds of the district or small district, which bonds shall be issued as
hereinafter provided. The governing body shall not issue any bonds
which, together with existing indebtedness of the district or small district,
exceed eighteen per centum of the assessed value of locally taxable real
estate in the district or small district ; provided that bonds of any revenue
producing facility shall not be computed in the amount of tndebtedness
of any district or small district.

Section 12. Petition for election upon bond issue.—The court upon
petition of a majority of the governing body of the county, or upon the
petition of fifty qualified voters residing in the district or small district,
which petition shall specify the purpose for which bonds are sought to
be issued and the maximum amount thereof, shall make an order re-
quiring the judges of election, at the next election of county officers or
at any other time not less than thirty nor more than sixty days from the
date of the order, which shall be designated in the order, to open a poll
and take the sense of the qualified voters of the district or small district
on the question whether the governing body shall issue bonds for the
purpose designated.

Section 13. Election.—The election officers of the county shall hold
an election on the day designated by the order of the court. If there be no
precinct in the area proposed to be established as a district the court shall
order a polling place established in such area for the purpose of taking
the sense of the voters residing therein. The ballot shall be prepared,
distributed and voted and the results thereof ascertained and certified to
the court in the manner prescribed by section one hundred ninety-seven-a
of the Code of Virginia as now or hereafter amended. The ballot shall
specify the particular facility or service for the purchase, construction of
which or other purpose the bonds are proposed to be issued and the
amount of the bond issue. It shall be the duty of the clerks and com-
missioners of election of the county to make out, certify and forward an
abstract of the votes cast for and against the question in the manner now
prescribed by law in relation to votes cast in general elections. A certi-
fied copy of the abstract shall be forwarded to the court. If the result of
the election be for the issuance of the bonds the court shall forthwith
order the governing body to issue same but if the vote be against issu-
ance of the bonds it shall dismiss the petition and all proceedings thereon
shall terminate.

Section, 14. Appeal from election—Whenever the sense of the
qualified voters of any district 1s taken on the question of whether or not
bonds of the district shall be issued the election and returns shall be sub-
ject to the inquiry, determination and judgment of the court and pro-
ceedings shall be instituted upon the written complaint of the governing
body or of twenty-five or more of the qualified voters of the district, of
an undue election or false returns, two of whom shall take an oath that
the facts set forth in the complaint are true to the best of their knowledge
and belief, and the court shall in judging of such election and returns,
proceed upon the merits thereof and determine concerning the same ac-
cording to the Constitution and laws of this State, but no complaint shall
be valid unless filed within thirty days after the election in the clerk’s
office of the court. The residents of the district shall be made defendants
by publication in a newspaper of general circulation in the county and
the governing body shall be made defendant by summons or notice to its
chairman of the filing of the complaint, and after such service of notice
on the residents or on the chairman of the governing body, either party,
upon reasonable notice to the other, shall be at liberty to take depositions
to sustain or invalidate such election. Service of notice on any three of
the complainants shall be sufficient.

Section 15. Proceedings upon contested election.—The court shall
proceed after expiration of thirty days following such service of summons
or notice to determine the contest without a jury on the evidence, oral or
written, unless good cause be shown for a continuance, and shall make
a proper record of its judgment. If the judgment be that the election
was a valid one the court shall make an order confirming the election and
the results thereof; if the court finds that the election was not a valid one
it shall make such order as seems proper under the circumstances.

Section 16. Composition of court for contested elections—The
court hearing an appeal from the election shall be composed of three
judges selected in the following manner; the judge of the circuit court
of the county in which the district is located, one judge from an adjacent
circuit and one judge from a circuit remote from that in which the con-
test arises and who shall be appointed by the Chief Justice of the Supreme
Court of Appeals.

Section 17. Procedure when result of election for issuance of bonds.
—If it appears by the report of the commissioners that a majority of the
qualified voters of the district voting on the question are in favor of is-
suing the bonds for the purposes aforesaid, the court shall enter of record
an order requiring the governing body to proceed to carry out the wishes
of the voters as expressed at the election.

Section 18. Review of result of bond election, procedure on failure
to issue bonds when authorized—The election on the question of the
issuance of bonds and the returns thereof shall be subject to review as
provided in sections fourteen through sixteen hereof, and no appeal shall
lie from the findings of the court. If the governing body does not issue
the bonds, as authorized, within a reasonable time the court on petition
of fifty qualified voters of the county shall enter an order requiring the
governing body to show cause why the bonds shall not be issued. Notice
shall be served on the chairman of the governing body.

Section 19, Determination as to issuance of bonds; construction
and operation of facility, etc-—The governing body shall determine what
amount of bonds shall be issued for acquiring, constructing and operating
the facility in the district, but the maximum amount of bonds issued shall
in no case exceed the amount authorized by the voters and in event they
do not at the meeting direct the present issuing of all the 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
the election, and in event they for any reason fail or refuse to issue the
bonds so authorized to be issued, the court may, upon the complaint of
ten qualified voters of the district and after ten days’ notice to the chair-
man of the governing body, for cause shown, issue an order directing
them to issue the bonds or any unissued residue thereof, or such portion
thereof as the court, from time to time, deems proper to be issued in
order to carry out the wishes of the voters as expressed in the election.

Section 20. Appointment for sale, form, terms, execution, etc., of
bonds.—The governing body may appoint an agent or agents to sell the
bonds and pay them a commission for negotiating the sale not to exceed
three per centum of the gross sale price of bonds sold by them but all
bonds shall be sold and paid for in lawful money only, and shall not be
sold at less than par value before payment of any commission. When such
a sale of bonds has been negotiated, the governing body shall issue
same. The bonds may be either registered or with coupons attached,
as the governing body prescribes, and shall have written or printed in
ink the following sentence: ‘These bonds are issued for the purchase,
construction, operation or maintenance Of 4........0..2000.. eee facility in
seseeccceseenseceeeeessrecceeeeceneneeeeeses public facilities district, and the full faith and
credit of the district is hereby pledged for their payment.” The bonds
shall (1) be signed by the chairman and colintersigned by the clerk there-
of, under the seal of the governing body, (2) be in denominations of one
hundred dollars or multiples thereof, (3) shall bear interest at a rate not
exceeding six per centum per annum, payable semiannually, both princi-
pal and interest to be payable either at the treasurer's office of the county
or at a bank located in the city of New York, New York, to be designated
in the bond and fixed by the governing body, and (4) be payable not ex-
ceeding thirty years from the date thereof, but may be made callable at
such time or times within such period or periods and upon such notice
as the governing body prescribes and stipulates upon the face of the bonds
when issued.
Section 21. Delivery of bonds, disposition of proceeds, interest, etc.
—The governing body shall deliver the bonds to the treasurer of the
county, who shall deliver same to the purchasers thereof, or upon their
order, upon the payment of the price thereof. The treasurer and his sure-
ties shall be liable for the amount received for the bonds as though it
were a county levy, and the funds shall be expended for the purposes
and in the district for which they were intended, and none other. The
treasurer shall receive the reasonable cost to him of giving surety on
such additional bond or bonds as are required of him on account of his
receipts of the funds. The proceeds of the bond issue shall be deposited,
paid out and disbursed as provided by section three hundred fifty of the
Tax Code of Virginia, as amended. All interest that accrues from the
funds shall be accounted for by the treasurer and be expended for the
purposes for which the bonds were issued, and in so far as necessary
therefor, shall be used for the payment of the interest on the bonds, or
shall be paid into the sinking fund to redeem the principal thereof at
maturity.

Section 22. Net revenue from operation.—The net revenue de-
rived from the operation of the facility shall be set apart by the govern-
ing body to pay the interest on the bonds so issued or to be issued, and
to create a sinking fund to redeem the principal thereof at maturity. The
governing body is empowered to apply any part or all of the sinking
fund to the payment, if redeemable by their terms, or to the purchase of
any of the bonds, at any time, and all bonds so paid off or purchased
shall be immediately canceled, and shall not be reissued. The governing
body may invest, in obligations of the United States or any agency there-
of, or the State of Virginia or any political subdivision thereof, in the
same manner and with the same security as county funds are deposited,
or deposit in bank at interest all accumulations of money to the credit of
the sinking fund and may collect and reinvest the same and the interest
accruing thereon from time to time, as often as necessary, until such
bonds become subject to call; no money to credit of the sinking fund shall
be deposited or invested by the governing body, unless the deposit or in-
vestment be first approved by the court and the form of the security be
examined and approved by the Commonwealth’s attorney of the county,
which approval shall be entered of record in the order book of the court.

Section 23. When treasurer not liable for loss; levy of tax.—The
treasurer shall not be lable for any funds referred to in the preceding
section that are lost while on deposit made by order of the governing
body with any bank or banks, or when invested in any real estate security
as provided herein; a bond, with corporate surety, may be required of any
such bank in which funds are so deposited.

The governing body shall, if necessary for payment of interest on
the bonds or to increase the sinking fund provided for hereunder, levy an
annual tax upon all the real property in the district subject to local taxa-
tion to pay such interest and make payments into the sinking fund.

Section 24. Procedure upon redemption.—When the governing
body wishes to redeem any of the outstanding bonds subject to call, issued
hereunder it may, through its chairman, give notice of its readiness so to
do to the holder in person or by publication thereof once a week for two
successive weeks in a newspaper published in the county or adjacent
thereto. It shall be sufficient in the notice to give the number and amount
of such bond, and fix a day for its presentation for payment, which shall
not be less than ten days from the 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.

Section 25. Security for bond issue—The bonds issued under the
provisions of this law shall be secured by all the real estate and locally
taxable property in the district or small district for which issued ; property
outside the district or small district which issues any such bonds shall be
exempt from taxation to repay same and shall be specifically excluded
from the property pledged for security and payment thereof.

Section 26. Levy of taxes, prescribing of rates and charges or as-
sessments on property in a district or small district—The governing
body of the county in order to pay the charges incident to the establish-
ment (if it has not already issued bonds of the district under preceding
provisions of this law), maintenance or operation of any facility or service
provided herein may (1) levy taxes on property in the district or small
district subject to local taxation, (2) prescribe rates of charges against
users or beneficiaries of any such facility so established, or (3) levy
assessments against property owners required to, or making use of such
service or facility.

Section 27. When no hearing necessary for levy of tax or assess-
ments, etc.—If the property owners in the district or small district in
which any facility or service is provided hereunder are in complete agree-
ment evidenced by signature on a statement to such effect recorded with
the governing body no hearing shall be necessary to impose any tax or
levy any assessment to provide for the establishment, maintenance or op-
eration of such facility or service.

Section 28. Cutting off of services for failure to pay taxes or
charges, etc.—If the governing body prescribes rates of charges or levies
any tax or assessment to provide for the establishment, maintenance and
operation of any facility or service and any user or beneficiary of such
faciltty or service fails or refuses to pay any charge, tax, or assessment
due by him for such service or facility the governing body may cut off
and stop his use of such service or facility or other services or facilities if
the public health will not be endangered thereby.

Section 29. Lien for unpaid charge, levy or assessment.—Any
unpaid charge, levy or assessment made against any property hereunder
for the establishment, maintenance and operation of any facility or serv-
ice shall be a lien on the property next in succession to county taxes.

Section 30. When local tax is levied—Whenever the governing
body of a county in which there exists or is created a district or small dis-
trict imposes an annual tax upon all property therein subject to taxation
to pay, either in whole or in part, the expenses and charges incident to
the establishment, maintenance or operation of any such facility or serv-
ice, such tax shall be levied and collected according to and in compliance
with the general law pertaining to the levying and collection of county
taxes.

Section 31. When assessments are levied against certain equally
benefiting property owners.— Whenever the governing body in a county
where there exists or is created a district or small district levies and as-
sesses to pay, either in whole or in part, for any such facility or service so
established, operated or maintained, the same shall not be established, op-
erated or maintained until said governing body shall order by resolution
its establishment, operation or maintenance, declaring in such resolution
the same to be of general benefit to the district or small district, and to
the property therein affected, and shall describe the improvement by in-
dicating the location by terminal points and routes and by a general de-
scription of the character of the improvement. The resolution shall also
state the proportion of the cost of the improvement that shall be assessed
against property owners who will receive a peculiar benefit therefrom to-
gether with a description of such property in sufficient detail to identify
the same, and shall set forth the rules that shall be applied in determining
the assessments to be made against such property owners.

Section 32. Plans, specifications, estimates of cost and tentative
assessment roll—As soon as practical after the passage of the resolution
the governing body shall order the preparation of plans, specifications,
and estimate of the cost for the improvement ordered thereby. Such
estimate of cost shall include the costs of preliminary and other surveys,
land acquisition, legal services, preparation of plans and specifications,
printing and publishing of notices, construction, interest during con-
struction and otherwise chargeable, preparation of assessment rolls, col-
lection of assessments and other expenses necessary or proper in conduct-
ing the proceedings and work herein provided for. The governing body
shall also order the preparation of a tentative assessment roll showing
the tentative apportionment of the estimated cost as between the various
properties subject to special assessments in accordance with the provisions
of the improvement resolution. Upon the completion of the preparation
of plans, specifications, estimate of cost and tentative assessment roll, a
duplicate copy thereof shall be filed with the clerk of the governing body
and shall remain open to public inspection. If the owners of all of the
various properties to receive peculiar benefit and subject to special assess-
ments as shown on the tentative assessment roll as filed with the clerk
of the governing body, shall file with the clerk written request, signed
and acknowledged as deeds are required to be signed and acknowledged,
that the hearing and procedure for holding hearings as hereinafter pro-
vided be omitted and dispensed with and that the governing body proceed
to order and provide the improvement, facility or service as set forth in
the plans, specifications, estimate of cost and tentative assessment roll,
then the governing body shall dispense with such hearing and procedure
for holding hearings and proceed to provide the improvement, facility or
service to such property owners as if such hearing had been held and
in all other aspects as hereinafter provided.

Section 33. Notice of hearing on initial resolution—The clerk,
upon the filing with him of such plans, specifications, estimate of cost,
and tentative assessment roll, shall publish once in some newspaper having
general circulation in the area a notice, stating that at a meeting of the
governing body, or some committee thereof to whom the matter may
have been referred, on a certain day and hour, not earlier than ten days
from the date of such publication, the objections of all interested persons
to the confirmation of the resolution will be heard, which notice shall
state in brief and general terms a description of the proposed improve-
ment with the location thereof, and shall also state the plans, specifica-
tions, estimates of cost and tentative assessment roll thereof on file in the
office of the clerk. Such notice shall also describe the property declared to
be peculiarly benefited by a description sufficient to identify the property.

Section 34. Hearing on initial resolution—At the time named in
the notice, or to which an adjournment may be taken, the governing body
or committee thereof, as the case may be, shall receive the objections of
interested persons and then or as soon thereafter as is practical the gov-
erning body shall repeal or confirm the resolution, with such amendments,
if any, as are desired by the governing body and which do not cause any
additional property to be assessed ; provided that if at or before the time
fixed in the notice, but not thereafter, persons making afhdavit of owner-
ship of as much as ten per centum ( 10% ) of the property to be assessed
as measured by its valuation as la:t assessed for general taxation, shall
pray the governing body to delay confirmation, such governing body shall
not confirm the resolution prior to its next regular meeting occurring
not less than one week after the time named in the notice; and provided
further that if at any time before such confirmation the owners of as much
as fifty-one per centum (51%) of the property to be assessed as mea-
sured by its valuation as last assessed for general taxation, shall protest
in writing against such confirmation, the governing body shall not confirm
the resolution. For the purpose of computing any percentage of interest
in property as provided in this section, fifty-one per centum (51%) in
interest of the owner of an undivided interest in any property shall be
treated as the owner or owners of such property.

Section 35. Objections.—All objections to the improvement reso-
lution on the ground that it contains items which cannot be properly as-
sessed against property, or that it is, for any default or defect in the
passage or character of the resolution or the plans, specifications or esti-
mate of cost, void or voidable in whole or in part, or that it exceeds the
power of the governing body, or that the assessment to be made will ex-
ceed the aggregate peculiar benefits to the property to be assessed, shall

made in writing, in person or by counsel, and filed with the clerk at
or before the time or adjourned time of such hearing. Any objections
against the proposed construction not so made shall be considered as
waived, and if objections shall be made and over-ruled or shall not be
sustained, the confirmation of the resolution shall be the final adjudi-
cation of the issues presented unless proper steps for an appeal to the
circuit court to secure relief are taken within ten days.

Section 36. Appropriation of cost from bonds or otherwise.—Not-
withstanding the confirmation of the resolution ordering the improve-
ment, no contract for the performance of any work thereunder shall be
let and no notice shall be published calling for bids for such work and no
work shall be done unless and until, by the appropriation of moneys
available or to be available and not otherwise appropriated, there shall be
appropriated therefor an amount at least equal to the cost thereof as esti-
mated pursuant to section thirty-two of this law.

Section 37. Determination of assessments.—All assessments made
under the provisions of this act shall be determined in proportion to the
peculiar benefits which will accrue to each property by virtue of the im-
provement, and in no case shall any assessment be made in excess of such
peculiar benefits, nor shall any improvement made under this act peculiar-
ly benefit any property in a sum greater than the amount which, together
with all other assessments, 1f any, made under this act or any other law
against the same property within ten years preceding the filing of the
preliminary assessment roll, whether paid or unpaid, or partially paid, is
equal to one hundred per cent of the value of such property, including
improvements thereon as determined from the assessment rolls for gen-
eral taxation last preceding the confirmation of the resolution ordering
the improvement; provided that in the case of any property having no
such assessed valuation for general taxation separate from the valuation
of a larger piece of property from which it was carved, such value shall
be estimated by the governing body for the purposes of this section upon
the basis of such assessed valuation of the larger piece of property, and
the special assessments made against such property within such ten years
shall be deemed to be that percentage of the assessments against the larger
piece of property which such estimated value of such property shall bear
to the assessed valuation of the larger piece of property.

All county, school board and other political subdivision property
which may receive a peculiar benefit from any improvement shall be as-
sessed in proportion to such benefit and such county, school board and
other political subdivision shall possess the same duties and liabilities in
respect to assessments made under this act which private owners of real
estate possess or are subject to.

The governing body shall have the further authority to defer the as-
sessment against any property which may not derive a peculiar benefit
by virtue of the improvement until it appears that the property in question
has become so peculiarly benefited.

Section 38. Apportionment of lien upon request.—If the owner
or owners of any property assessed under the provisions of this law and
all those having any interest therein by way of mortgage or other lien or
leasehold rights or otherwise shall in writing request that such assess-
ments be divided so that a part of same shall be the assessment on and
constitute a lien on one portion of such property and the remainder shall
be the assessment on and constitute a lien or liens against the remainder
of such property or separate parts thereof, the governing body, in its dis-
cretion, shall have power to divide such assessments in accordance with
such request, and thereafter the separate parts of such assessment shall
be the assessments and constitute separate liens upon the parts of the
property, respectively, into which the same shall have been so divided;
any resolution making such division shall recite a finding of the govern-
ing body that such division 1s equitable and will not impair the collecti-
bility of any part of the assessment so divided.

Section 39. Preliminary assessment roll—Promptly after the com-
pletion of the improvement the governing body shall order the prepara-
tion of a preliminary assessment roll based upon the actual cost of the im-
provement and in accordance with the provisions of the initial improve-
ment resolution and when completed it shall be filed with the clerk. The
preliminary assessment roll shall contain the following:

(1) A description of the improvement in brief and general terms
with the location thereof by terminal points and routes ;

(2) The total cost of the improvement ;

(3) The amount and portion of the cost to be assessed against the
peculiarly benefited property ;

(4) A description of the property declared in the initial resolution
to be peculiarly benefited thereby together with the name of the owners
thereof, if known, the unit and rate of assessment and the amount of the
total assessment made against each property, the last preceding assessed
valuation of each property and the aggregate of all special assessments
made within the preceding ten (10) years for an improvement made un-
der this act whether paid or unpaid or partially paid.

Section 40. Notice of hearing upon preliminary assessment roll._—
Upon the filing with the clerk of the preliminary assessment roll, the
clerk or the committee or officer of the governing body to whom the mat-
ter has been referred, shall give notice of the amount of the assessment
to each of the property owners affected thereby and shall cite the time
and place that the property owners may appear before the governing
body or any committee or officer thereof to whom the matter has been
referred, to show cause, if any there be, against such assessment.

Such notice may be given at least ten days before the time of the
hearing by personal service on all persons entitled to notice, except that
notice to an infant or insane person may be served on his guardian or
committee, and notice to a non-resident may be mailed to him at his place
of residence, or served on any agent of his having property in charge, or
on the tenant of the freehold, but in any case, the notice to all property
owners shall be given by publishing same in some newspaper having gen-
eral circulation in the area once a week for two successive weeks, the last
publication to be made at least ten days before the property owners
are cited to appear. Any property owner wishing to make objections to
an assessment may appear in person or by counsel, and state his objec-
tions.

Section 41. Hearing and confirmation of assessment roll.—At the
time and place noted in such notice the governing body or committee or
officer thereof to whom the matter has been referred shall meet and re-
ceive the objections of all interested property owners as stated in such
notice. After the completion thereof the governing body shall either
annul or sustain or modify in whole or in part the prima facie assessment
as indicated on the roll, either by confirming the prima facie assessment
against all property described therein, or by cancelling, increasing or re-
ducing the same, according to the peculiar benefits which the governing
body decides each property has received or will receive an account of such
improvement. If any property has been omitted from the preliminary
roll, or 1f the prima facie assessment has not been made against it, the
governing body may place on the roll an assessment on such property.
The governing body shall not confirm any assessment in excess of the
peculiar benefits to the property assessed, and the assessments so con-
firmed shall be in proportion to the peculiar benefits. The assessments so
made shall be final and conclusive as to each property affected thereby
unless proper steps are taken as hereinafter provided to secure relief.

Section 42. Appeal to court.——If the objections of any property
owner are overruled, he shall, within thirty days thereafter but not after-
wards, have an appeal as of right to the circuit court of the county. When
an appeal is taken the clerk of the governing body or committee or officer
thereof to whom the matter has been referred, shall immediately deliver
to the clerk of the court which has cognizance of the appeal the original
notice relating to the assessment, with the judgment of the governing
body, committee or officer, endorsed thereon and the clerk shall docket
the same. Such appeal shall be tried by the court or the judge thereof,
in a summary way, without pleadings in writing and without a jury, in
term or in vacation, after ten days’ notice to the adverse party, and the
hearing shall be de novo.

Section 43. Abatement or reduction of assessments.—The amount
of the special assessment against any property which may be abated or
reduced by the court, unless the assessment on all properties is abated,
may by resolution of the governing body be made chargeable against the
district or small district at large, or, 1n the discretion of such body, a new
assessment roll may be prepared and confirmed in the manner hereinbe-
fore provided for the preparation and confirmation of the original assess-
ment roll.

Section 44. Payment of assessments.—When the assessment roll
has been confirmed by the governing body, it shall be certified by it to
the treasurer of the county, who shall collect the assessments and be ac-
countable therefor, as in the case of other county taxes. Such assessments
shall be due and payable sixty (60) days after the date on which the roll
is certified by the governing body to the treasurer, but may, at the dis-
cretion of such body, be divided into two or more but not exceeding ten
annual installments bearing interest at the rate of six per centum per
annum, the first installment of which shall be due and payable sixty (60)
days after the date on which the roll is certified by the governing body to
the treasurer; provided that any assessment or installment may be paid
at any time before it is due, together with interest accrued thereon to the
date of payment. The treasurer shall maintain in his office a firmly
bound book. or books, wherein he shall cause to be recorded, immediately
upon receipt of the certified assessment roll, the name of the owner of
each property against which an assessment has been levied, a brief
description of the property affected thereby, and the amount of the as-
sessment thereon. He shall likewise record in that book any payment of,
or on account of, the assessment, immediately upon receipt thereof, and
upon the written request of any person, which request shall designate the
property and the name of the owner thereof, the treasurer shall issue his
certificate showing the amount of the principal and the interest then un-
paid on the assessment against such property.

Section 45. Enforcement of collections—Upon default in the pay-
‘ment of such assessment, or any installment thereof, the property shall
not be sold as in the case of general land taxes which have become delin-
quent. The treasurer shall have all of the powers conferred by section
four hundred three of the Tax Code.

From the date that the assessments have been certified to the treas-
urer such amount shall be a lien upon the property affected thereby which
lien shall have priority over all other liens except that of county taxes
regularly assessed ; subject to the right of appeal and objections as here-
inbefore provided, and provided, that as against a purchaser for value
and without notice, such assessment shall not be a lien except and until
an abstract of such resolution is recorded in the judgment lien docket
of the clerk’s office in which deeds conveying real estate in the county are
required by law to be recorded showing the ownership and location of
the property to be affected by the proposed improvement, and indexed
in the name of the county, and of the property owner. The liens of as-
sessments made under this act and attaching at different dates shall be
coordinate.

Section 46. Liberal construction——The purpose of this law is to
provide an economical and equitable method by which any of the facili-
tiles or services authorized hereunder may be established, operated or
maintained. It is hereby declared that no irregularity or illegality in
connection with any of the proceedings herein authorized shall in any
way affect the validity of the orders for improvements or the contracts
or the special assessments, unless such irregularity or illegality substan-
tially affects the rights of the county or its inhabitants or the owners of
property assessed for such improvement.

Section 47. Power of eminent domain conferred.—The governing
body is vested with the power of eminent domain insofar as it is necessary
for the construction, reconstruction, alteration, additions to, maintenance
and repair of any part of such facility or service and, in the exercise of
such power, is vested with all of the authority to exercise such power as
is given to the State Highway Commissioner of Virginia by chapter three
hundred eighty, Acts of the General Assembly nineteen hundred forty,
as now or hereafter amended.

Section 48. Severability —If any provision of this law or its applhi-
cation to any person or circumstance is held invalid such invalidity shall
not affect any other provisions or applications of this law which can be
given effect without the invalid provision or application and to this end
the provisions of this law are hereby declared to be severable.

2. An emergency exists and this act is in force from its passage.