Chap. 294.—An ACT to create Northside district in Brookland magisterial district,
in the county of Henrico, and to provide for lighting and sewerage in said
Northside dietrict, and for mus and maintaining other improvements of a
public nature therein.

Approved February 10, 1898.

1. Be it enacted by the general assembly of Virginia, That North-
side dictrict of Henrico county is hereby created to include that terri.
tory in Brookland magisterial district in the county of Henrico within
the metes and bounds following, to-wit:

All of that property known as Chestnut Hill, a plat of which is re-
corded in plat book six, page eighty-three, Henrico county clerk’s office,
under the name of Mt. Comfort, except that portion of said Chestnut
Hill which lies east of a certain twenty foot alley, beginning at the
southern boundary of said property and running between and parallel
to Fifth and Sixth avenues, as shown on said plat, to the point of inter-
section of said alley with Magnolia street; and also except that portion of
said Chestnut Hill lying north of said Magnolia street and east of Filth
avenue.

2. All of that property known as Highland park, a plat of which is
recorded in plat book six, page eighty-six, and plat book seven, page
two, Henrico county clerk’s office, except that portion of said Highland

ark north of Byron strect as shown in said plats.

3. All of that property lving between said Chestnut Hill and Wigh-
land park and east of the old Meadow bridge and west. of the following
line: a continuation of said Fifth avenue (which would pass through
the property of A. F. Mosby) to the point where the said lifth avenue
continued in a straight line would intersect the southern boundary of
the plateau recorded in plat book seven, page forty-eight, Henrico
county clerk’s office; thence along a continuation of the same straight
jine to the point of its intersection with the northern boundary of the
last-named plateau; thence along said northern boundary to the syca-
more tree on Dill’s avenue, being the point of intersection of said north-
ern boundary with Dill’s avenue.

4. There shall be, and is hereby, established a board of improvement
commissioners for said Northside district to provide for lighting and
sewerage of said district and consist of five members, whose duty it
shall be to determine what other improvements of a public nature shall
be made in said Northside district and ascertain and assess a tax upon
the owners of real estate in said district to pay for said improvements,
so that in no event shall such tax in any one year exceed four-tenths of
one per centum of the assessed value of the real estate therein, as ascer-
tained by the assessment thereof for the purposes of taxation by the
state.

It shall also be the duty of the said commissioners to fix plans and
specifications for the proper and economical execution of all improve-
ments as hereinbefore provided, and, after such advertisement as to
them as may seem desirable, to let the contract to the lowest bidder,
either at public outcry or by sealed proposals, as they may deem best,
such work of improvement, taking from the contractor bond payable to
the said board of improvement commissioners in double penalty of the
price agreed to be paid for such work, and with approved personal secu-
rity, conditioned for the faithful performance of this work in accord-
ance with the plans and specifications fixed by said commissioners.

5. Said commissioners shall first organize by electing one of their
number as chairman and one as clerk ; any three of their number shall
constitute a quorum for the transaction of business, and they shall keep
a record of their proceedings. The chairman of said board shall give
bond in thesum of( ene thignsand dollars, payable. tothe trcasurer of
Henrico county, for the credit of said Northside district, conditioned on
the faithful discharge of the duties of his office.

It shall be the duty of the clerk of the county court of Henrico county
to have prepared a well bound and suitable book, to be known as the
tax book of Northside district, and immediately upon the return to his
office by the commissioner of the revenue of the Jand and property
books of the county of HTenrico in any year, the said clerk shall enter in
such book so to be provided, opposite the name of each real estate owner
in said Northside district, the aggregate value of real estate with which
each person appears to be charged upon the said land and property books
of the county, and said board of improvement commissioners shall
thereupon order the clerk of the said court to extend upon the tax book
of said Northside district such tax opposite the name of each property
owner, and thereupon the said clerk shall certify a copy of such assess-
ment to the treasurer of Henrico county, who shall forthwith, upon the
receipt of such copy, make out tax bills against each property owner at
the rate fixed upon hy the said board of improvement commissioners,
and proceed to collect the same at the time, in the mode and by the
remedies prescribed by law for the collection of taxes due the common-
wealth. Andas to any real estate assessed with such tax, the same shall
be a lien thereon in the same manner and to the same extent that taxes
assessed for state purposes are a lien.

6. It shall be the duty of said treasurer to keep the money collected
from such property to the credit of Northside district, and separate from
all other funds in his hands, and he shall] quarterly lay before the board
of improvement commissioners of said district a statement showing the
amount in his hands to the credit of said district, and also the amount
of such taxes remaining uncollected and from whom due.

7. Any person entitled to be paid for work performed, or materials
for the same furnished in connection with any contract, may obtain
from the chairman of the said board of improvement commissioners a
certificate showing the amount to which such person is entitled, and on
what account the same is to be paid, and upon the presentation of such
certificate to the treasurer of Henrico county he shall pay the same:
provided, there be funds sufficient in his hands to make such payment
from the fund to the credit of said district, but should there not be in
his hands suflicient money to pay such certificate when presented, he
shall register the same, and shall as soon as possible pay the same in
order of presentation.

8. The board of supervisors of Henrico county shall be authorized to
make such allowances to the public officers charged with any duty under
this act as they deem reasonable and just, to be paid on the warrant of
said board out of the money to the credit of Northside district, but in no
ase shall such allowance exceed the compensation allowed by law for
similar services performed for the county: provided, however, that no
sompensation shall be allowed the improvement commissioners acting
inder this law, but they shall be allowed all necessary expenses incurred
n the discharge of their duties, to be paid on the warrant of said board.

9. It shall be the duty of said board of improvement commissioners
oO institute and prosecute suit on any bond given them for the faithful
lischarge of any tragt- made under this act where there has been a
violation of the condition of such bond, and the said board is hereby
authorized to enter suit for the recovery of any money due upon such
bond, and all money recovered on the same shall be received by the
treasurer of Henrico county and be placed to the credit of said district,
and the treasurer and his sureties on his official bond shall be liable for
the faithful payment of such money so reccived, as well as for all other
money received by him under the provisions of this act. And upon
the expiration of his term of office, or upon otherwise ceasing to be in
office as treasurer, he shall pay all money in his hands to the credit
of Northside district to his successor in office, and should he fail or
refuse to do so the said board of improvement commissioners may prose-
cute suit on his official bond for recovery thereof.

10. The treasurer shall pay out no moneys in his hands to the credit
of said Northside district except warrants drawn by the board of improve-
ment commissioners of said district, and signed by the chairman of said
board. Each warrant shall state on its face to whom the same is issued,
the amount to be paid. and the purpose for which the payment is made,
and all warrants shall be dated and numbered consecutively; and it
shall be the duty of the clerk of the said board to provide a separate
warrant book, with suitable stubs, description of the warrant
detached therefrom, from which all warrants issued by virtue of this
act shall be taken, which book shall be labelled ‘‘ Northside district
warrant book.”’ |

11. If any assessment shall prove insuflicient to complete the im-
provement for which the same was made, and there be no other funds to
the credit of Northside district from which the same may be properly
paid, the said board of improvement commissioners shall make another
assessment on the property previously assessed of a sum sulflicient to
pay for such improvement: provided, however, that in no case shall the
assessment during any year exceed four-tenths of one per centum of
the assessed value of the real estate in said district as hereinbefore pro-
vided.

12. No improvement shall be undertaken, the cost of which shall ex-
ceed one per centum of the assessed value of the real estate in said dis-
trict.

13. No liability shall attach to any person by reason of discharging
any duty as commissioner under this act, unless it appear that such
commissioner acted with a corrupt or malicious motiv e, and no injune-
tion shall issue from any judge of court of this commonwealth restrain-
ing the execution of any work of improvement directed under this act;
but any party ag grieved by any assessment against his property, may
apply to the county court of Henrico to have the same corrected, the
proceedings to be in pursuance of scctions five hundred and sixty-seven
and five hundred and sixty-eight of the code of eighteen hundred and
eighty-seven, five days’ notice being first given to the improvement com-
missioners of such proceedings.

14. Said board of improvement commissioners appointed under this
act shall have power toemploy surveyors, architects, engineers, mechan-
ics, laborers, or other agents, and to agree with them as to their compen-
sation, and said commissioners or their agents, under their direction, shall
have the power to enter upon any real estate located in said Northside
district for the purpose of making the improvements contemplated by
this act, and all damages sustained by any owner of such real estate
shall be allowed and paid by said board of improvement commissioners
out of any money to the credit of the said district; but if any person to
whom damiaes are so allowed is dissatisfied with such allowance he may
take an appeal to the county court of Henrico and have such damages
determined by said court, and the judgment of said court shall be final
and conclusive of the amount of such damages.

15. Any and all debts contracted or created under this act and remaining
outstanding shall be assumed and paid by any municipal corporation
that may hereafter include or be included in the territorial limits of said
Northside district, or any part thereof.

16. If any officer charged with any duty under this act fail or refuse
to carry out the provisions of this act, or to discharge any duty imposed
hereby, the performance of the same may be compelled by writ of man-
damus by any court of this commonwealth having jurisdiction of such
writs, on the application of any five or more property owners in said
Northside district.

17. Said board of improvement commissioners shall hold office for
five years, the members for the first term to be J. M. Fourqurean, A. I.
Mosby, W. H. Dunn, C. W. Wingfield and C. W. Vaughan, their suc-
cessors to be residents of said district or owners of real estate thercin,
and to be elected by the qualified voters residing in said district at the
spring election in nineteen hundred and three for a like period of five
years, and the above-nained commissioners to hold office until their suc-
cessors have qualified.

18. Vacancies in membership of the board shall be filled for the unex-
pired term by the board of improvement commissioners.

19. This act shall be in force from its passage.