CHAPTER 422

An Act to create a political subdivision within Bath County, to be known
as the Airport District of Bath County, with the powers conferred
upon cities and counties by Articles 1 and 2, Chapter 8 of Title 5 of
the Code of Virginia; to authorize the governing body of such county
to issue bonds of such district, subject to a referendum, for the acqui-
sition and construction of an airport and to levy taxes for their pay-
ment; and to authorize the board of supervisors of said county to
transfer to such district all funds donated to the county for the
acquisition and construction of an airport; and to declare an emer-

gency exists.
[H 698]

Approved March 30, 1960

Be it enacted by the General Assembly of Virginia:
1. § 1. Creation of District.—To promote the agricultural and indus-
trial development of the county of Bath and the health, safety, welfare,
convenience and prosperity of the inhabitants thereof, there is hereby
created within the county a political subdivision to be known as the Air-
port District of Bath County. For the purposes of this act and not other-
wise the district shall be a separate political entity.

§ 2. Boundaries of District.—The boundaries of the district shall be
as follows, all references to numbered monuments and corners being to the
plat of survey of land purchased by Virginia Hot Springs Company from
the Douthat Estate, other corners being lettered:

BEGINNING at A, the intersection of the eastern right of way of
Highway U. S. 220 and the center line of the entrance driveway of The
Homestead Hotel in the village of Hot Springs; thence with the highway
northward toward Warm Springs approximately 4,750 feet to its inter-
section with the center line of the road to the old Homestead Quarry at B;
thence through the land of Virginia Hot Springs, Inc. [hereinafter abbrevi-
ated “VHSI’’] 8S. 59° 40’ E. 3,500 feet to Mon. 24, a corner of the old Boone
Cabin Tract; thence continuing through VHSI land S. 48° 28’ E. crossing
Warm Springs Mountain 4,300 feet to Cor. 36 on top of Little Brushy
Mountain at a corner to the George Washington National Forest boun-
dary; thence with the latter the following six courses and distances: (1)
5S. 28° 59’ W. crossing Porter’s Creek 6,666 feet to Mon. 37 near the top
of Big Brushy Mountain, (2) along the top of the latter and crossing
Wilson Creek in the Bear Loop S. 15° 37’ W. 7,578 feet to Mon. 38, (3)
still with the mountain top and east of the present Ingalls Field S. 56° 23’
W. 2,570 feet to Mon. 39, (4) still with the mountain top and east of In-
galls Field 8S. 48° 55’ W. 5,075 feet to Cor. 40, (5) still with the mountain
top 8S. 42° 40’ W. crossing the south prong of Wilson Creek 7,311 feet to
Mon. 41, and (6) down the east side of the mountain 8. 27° 58’ W. 10,090
feet to Mon. 42; thence with an outside VHSI line N. 58° 31’ W. 4,884 feet
to Mon. 1; thence through VHSI land the following five courses and dis-
tances: (1) N. 29° 52’ E. 586 feet to Monument 2, (2) N. 56° 59’ E. 1,777
feet to Monument 3, (3) S. 54° 16’ E. 140 feet to Monument 4, (4) N. 41°
24’ K. 4,278 feet to Monument 5, and (5) on a computed bearing N. 29° 31’
E. 7,150 feet to C at the southeast corner of the Hobby Horse Farm of
Mrs. Rachel I. Ingalls; thence with the line of the latter on a computed
bearing N. 35° 29’ E . 780 feet to D at the northeast corner of her prop-
erty; thence through VHSI land on a computed bearing N. 30° 50’ E.
4,700 feet to Cor. 17; thence with a VHSI outside line the following eight
courses and distances: (1) N. 56° 01’ E. 3,178 feet to Mon. 18, (2) N. 18°
28’ E. 4,957 feet to Mon. 19, (3) N. 34° 18’ W. 1,295 feet to Mon. 20, (4)
N. 50° 09’ E. 2,815 feet to Mon. 21, (5) N. 33° 19’ E. 537 feet to E, de-
scribed in an old survey as a rock pile with birch pointers, (6) N. 59° 0’
W. 1,699 feet to a stone pile at F, (7) S. 32° 35’ W. 520 feet to a rock pile
at G, and (8) N. 59° 45’ W. approximately 700 feet to H on the center line
of Shady Lane Extended on the boundary between VHSI and the Rock
Spring Farm of Mrs. T. K. Ellis; thence with the center line of Shady
Lane Extended northward approximately 250 feet to I at its intersection
with the center line of The Homestead Trail; thence with the latter north-
ward approximately 4,300 feet to J at its intersection with the center line
of the Airport Road; thence with the latter in a generally northerly direc-
tion approximately 2,000 feet to K at the center line of its intersection
with the road leading to the VHSI ski and skating area; thence with the
latter in a northerly direction approximately 2,200 feet to L at its inter-
section with the center line of the Tool House Road; thence with the latter
in a westerly direction approximately 600 feet to M at its intersection with
the center line of Homestead Boulevard; thence with the latter in a south-
erly direction approximately 2,000 feet to N, a point in the entrance drive-
way of The Homestead Hotel opposite the main entrance, or front door of
the hotel; and thence with the center line of the entrance driveway in a
westerly direction approximately 500 feet to the place of BEGINNING :
and CONTAINING approximately 6,000 acres.
§ 3. Powers and Authority of District.—The district shall have and
may exercise all of the powers and authority conferred upon the cities
and counties of the Commonwealth by Articles 1 and 2 of Chapter 3 of
Title 5 of the Code of Virginia as heretofore or hereafter amended and
shall be subject to all of the limitations and restrictions thereof; provided,
however, the powers of eminent domain hereby granted the district shall
be subject to the provisions of § 25-233 of the Code as fully and to the
same extent as though the district were a corporation possessing the
power of eminent domain.

_ § 4. Governing Body of District—The governing body of the dis-
trict shall be the board of supervisors of the county.

§ 5. Issuance and Sale of Bonds.—

(a) The governing body of the county in which the district is located
shall have power, subject to the conditions and limitations of this section,
to issue from time to time bonds of such district in such amount as the
governing body may deem necessary for the acquisition, construction and
improvement of an airport and incidental facilities and in such form as
the governing body may prescribe. Such bonds shall be payable in ten
equal annual installments, shall bear interest at the annual rate of Three
(3%) Per Cent with installments of principal and interest payable on the
first day of January of each year, and may be redeemable at such time or
times and upon such notice as the board may prescribe and stipulate upon
the face of the bonds when issued. They shall be in such denominations as
the board may prescribe, signed by its chairman, and countersigned by its
clerk under its seal.

‘(b) As and when funds are needed for the acquisition or construc-
tion of an airport and incidental facilities, such bonds may from time to
time be issued and sold at either public or private sale at such price not
less than par and accrued interest as the board may determine. All bonds
thus issued shall be delivered to the treasurer of the county, who shall
deliver same to the purchaser upon payment of the purchase price. The
proceeds shall be deposited by the treasurer in the same manner as other
funds of the county and shall be used only for the purpose for which
issued as directed by order of the board.

(c) In appropriating the proceeds of the sale of the bonds the board
may in its discretion either specify in detail how they shall be used for
the acquisition and construction of an airport or make a general appro-
priation for that purpose to the county or to a joint airport committee or
commission established under § 5-24 of the Code of Virginia, provided
that the proceeds from the sale of bonds may not be used for the main-
tenance or operation of the airport.

§ 6. Payment of Bonds.—

(a) The net revenue derived from the operation of the airport shall
be set aside by the board to pay the interest on the bonds issued hereunder
and to create a sinking fund to pay the principal thereof.

(b) Should such net revenue be insufficient for the payment of the
interest and principal of said bonds, the board shall, to the extent neces-
sary, levy an annual tax upon all the property in the district subject to local
taxation to pay such interest and principal.

(c) The Circuit Court of the county of Bath, or the judge thereof in
vacation, upon the petition of a majority of the members of the governing
body of said county, shall make an order requiring the judges of election
at the precinct or precincts at which the qualified voters living in the said
airport district vote, at a time not more than thirty days from the date of
such order, which date shall be designated therein, to open a poll and take
the sense of the qualified voters of the airport district on the question of
whether the governing body of the county shall issue bonds of the airport
district in the manner and for the purposes set forth in the preceding
section of this act. The maximum amount of bonds to be voted upon for
issuance at one time or from time to time at said election shall be as deter-
mines by the governing body of the county in its petition requesting the
election.

(d) The election shall be conducted in the manner prescribed by law
for the conduct of regular elections and the ballots shall be printed and
voted and the returns made and canvassed and the results certified in
accordance with the provisions of § 24-141 of the Code of Virginia.

(e) If it shall appear from the report of the commissioners of elec-
tion that a majority of the qualified voters of the airport district voting
on the question are in favor of issuing the bonds, the Circuit Court, or the
judge thereof in vacation, shall enter of record an order requiring the
governing body of the county to proceed at its next meeting, which may be
@ regular meeting or a special meeting, to carry out the wishes of the
voters as expressed at the election.

§ 7. Liability and Compensation of Treasurer.—The treasurer of the
county and his sureties shall be liable for the amount received from the
sale of bonds and collection of taxes herein authorized as though same
were a county levy. As compensation for his services in the sale of bonds
and disbursement of the proceeds, the treasurer shall receive 4g of 1%
of the amount coming into his hands, which shall be paid by the purchaser
of the bonds. For his services in the collection and disbursement of the
district tax levy, the treasurer shall be compensated as if the same were a
county levy.

2. The board of supervisors of Bath County is hereby empowered and
authorized to appropriate and transfer to the credit of the district herein-
above created any and all funds that may have been donated to the county
for the purpose of the acquisition and construction of an airport within
said district.

8. This act shall not become operative unless and until the board of
supervisors of Bath County shall adopt a resolution that the establish-
ment of such district is needed to promote the agricultural and industrial
development of the county and the health, safety, welfare, convenience
and prosperity of the inhabitants thereof and that the fee simple owners
of all Property in the district have filed with the board written consent

ereto.

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