Chap. 104.—An ACT to amend and reenact Chapter 94, as amended, of the Acts
of Assembly of 1932, approved March 4, 1932, relating to fire protection and

scavenger service in certain counties so as to provide for certain TH 185i

Approved March 4, 1948

Be it enacted by the General Assembly of Virginia:

1, That chapter ninety-four of the Acts of Assembly of nine-
teen hundred thirty-two, approved March four, nineteen hundred
thirty-two, as amended, be amended and reenacted as follows:

Section 1. The boards of supervisors of counties adjoining
cities with a population of one hundred and seventy thousand, or
more, as shown by the last preceding United States census, are
hereby authorized and empowered:

First: To establish or to contract for, with any person, firm
or corporation, fire protection, scavenger service, and, removal and
disposal of garbage, or either, in their respective counties, or in
any one or more districts, or in any one or more areas of such
counties.

Second: To levy a special tax not to exceed five cents per
hundred in such areas as may be established in the counties or
districts by the board of supervisors on petition of a majority of
the qualified voters residing within such area or district in which
fire protection, scavenger service, or, removal and disposal of garb-
age, or any of such, is provided, such tax to be levied and collected
as other taxes of the county are levied and collected. and such tax
to be used for the purpose of providing fire protection, scavenger
service, or, removal and disposal of garbage, or any of such, in
the county, or in the district, or, in the area in which it is levied.
If any area in one district, or in more than one district of any
such county is designated by the board of supervisors, as is pro-
vided herein, such area shall be deemed to be a taxing district
for the purposes of this act; or, in lieu of the petition, levy, tax
and other requirements of this paragraph, the board of supervisors,
in their discretion, may, and they are hereby empowered to enter
into contract with one or more householders, tenants and/or owners
of dwelling houses and/or operators of business places in any
such county for the removal and disposal of garbage from any
house, dwelling and/or business place, and may fix a charge for
such service to be paid at such time and to such county agency
or department as the board of supervisors may designate. The
board of supervisors shall not be required to enter into any con-
tract with any householder, tenant and/or owner of a dwelling
house or operator of a place of business against its judgment and
discretion, even though such board of supervisors may have con-
tracted to render such service to others; it being intended that
this service shall be contractual, and the board of supervisors may
make such conditions in its contracts for such service as to the
board may seem proper.

Third: That should the board of supervisors enter into a
contract with any person, firm or corporation for fire protection,
scavenger service, and, removal and disposal of garbage, or either,
the board of supervisors shall require all persons, firms or cor-
porations with whom they have entered into a contract, to furnish
a bond in such sum as may be deemed necessary by the board of
supervisors, with sufficient security approved by the board of
supervisors, conditioned to faithfully perform the duties as set
forth in the contract; that in event of the failure to perform such
duties, as set out in the contract, the board of supervisors shall
notify the person, firm or corporation, or his or their surety, to
appear at the next regular meeting of such board after the notice
is served on them, to show cause why the bond should not be for-
teited; provided, however, that should the board of supervisors
enter into any such contract with any municipal corporation for
the performance of any of such services, no such bond shall be
required.
Fourth: That the board of supervisors at the end of each
month shall order proper warrant to be drawn on the treasurer of
such county, in favor of the person, firm or corporation, for such
amount as has been fixed by them in the contract, but not to exceed
the amount made available under the levy herein provided.

Section 2. If any part or parts, section, sentence, clause, or
phrase of this act is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the validity of this act as
a whole, or any portion thereof other than the part or portion
so decided to be unconstitutional or invalid.

2. All acts and parts of acts, whether general, special or local
inconsistent with this act are hereby repealed to the extent of such
inconsistency.

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