CHAPTER 581

An Act to amend the Code of Virginia by adding a section numbered
15-8.1, relating to the powers of consolidated cities in levying tax
rates on real estate for special services in established districts.

[H 673]
Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
15-8.1 as follows:

§ 15-8.1. (a) The city council of any city which results from the
consolidation of two or more counties, cities or towns shall have the power
to maintain service districts within the city to provide additional or more
complete services of government than are desired in the city as a whole.
Service districts shall be created by order of the circuit court of the city,
or by a judge thereof in vacation, upon the petition of fifty qualified voters
of the proposed district, which order shall prescribe the metes and bounds
of the district. Upon the filing of a petition the court shall fix a date for a
hearing on the question of the proposed service district, which hearing
shall embrace a consideration of whether the property embraced within the
proposed district will be benefited by the establishment thereof. Notice of
such hearing shall be given by publication once a week for three consecu-
tive weeks in some newspaper of general circulation within the city, and
the hearing shall not be held sooner than ten days after completion of such
publication. Any person interested may answer the petition and make
defense thereto. If upon such hearing the court, or the judge thereof in
vacation, is of opinion that any property embraced within the limits of
such proposed district will not be benefited by the establishment thereof,
then such property shall not be embraced therein. Upon the petition of the
city council and of not less than fifty qualified voters of the territory pro-
posed to be added, or if such territory contains less than one hundred
qualified voters, of fifty per centum of the qualified voters of such terri-
tory, after notice and hearing as provided above, any service district may
be extended and enlarged by order of the circuit court of the city, or by a
Judge thereof in vacation, which order shall prescribe the metes and
bounds of the territory so added.

(b) After the entry of such order creating a service district, the city
council shall have the following powers and duties with respect to the
service districts:

(1) To construct, maintain and operate such facilities and equipment
as may be necessary or desirable to provide additional governmental serv-
ices, including but not limited to water supply, sewerage, garbage removal
and disposal, heat, light, fire fighting equipment and power and gas sys-
tems and sidewalks, for the use and benefit of the public in such service

istrict.

(2) To acquire by gift, condemnation, purchase, lease or otherwise,
and to maintain and operate any such facilities and equipment as may be
necessary and desirable to provide such additional governmental services
in such district, and to acquire by gift, condemnation, purchase, lease, or
otherwise, rights, title, interest, or easements therefor in and to real estate
in such district.

(3) To contract with any person, firm, corporation or municipality
to provide such additional governmental services in such district and to
construct, establish, maintain and operate any such facilities and equip-
ment as may be necessary and desirable in connection therewith.

'(4) To require owners or tenants of any property in the district to
connect with any such system or systems, and to contract with the owners
or tenants for such connections. The owners or tenants shall have the
right of appeal to the circuit court, or the judge thereof in vacation, within
ten days from action by the city council.

(5) To levy and collect an annual tax upon any property in such
service district subject to local taxation to pay, either in whole or in part,
the expenses and charges for providing such additional governmental
services in such district and for constructing, maintaining and operating
such facilities and equipment as may be necessary and desirable in con-
nection therewith; provided, however, that such annual tax shall not be
levied for or used to pay for schools, police or general government services
but only for such additional services of government as are not then being
offered throughout the entire city, and provided further that the proceeds
from such annual tax shall be so segregated as to enable the same to be
expended in the district in which raised.

(6) To employ and fix the compensation of any technical, clerical or
other force and help which from time to time, in their judgment may be
necessary or desirable to provide such additional governmental services in
such district or for the construction, operation or maintenance of any such
facilities and equipment as may be necessary or desirable in connection
therewith.

(7) To negotiate and contract with any person, firm, corporation or
municipality with regard to the connections of any such system or systems
with any other system or systems now in operation or hereafter estab-
lished, and with regard to any other matter necessary and proper for the
reaper or operation and maintenance of any such system within

e district.