Chap. 58.—An ACT to create Fairmount district, in Fairfield magisterial
district, in the county of Henrico; to provide for the establishment of a
board of improvement commissioners; to empower them to make a special
levy on the property of said Fairmount district, and to disburse same
and road tax or levy, made by the supervisors of Henrico county, on the
property of said Fairmount district; to prescribe the method whereby
said funds shall come within their control, and to authorize and direct
the use of said funds for lights, sewerage, and other improvements of a
public nature.

Approved January 15, 1900.

1. Be it enacted by the general assembly of Virginia, That all that
territory in Fairfield magisterial district, in the county of Henrico,
within the metes and bounds hereinafter set forth, shall hereafter be.
and it is hereby, made Fairmount district, the metes and bounds of which
shall be as follows—to-wit:

First. All that property within the following bounds—to-wit: Begin-
ning at a point on the east line of Mec hanicsville turnpike, at its inter-
section with the center of “Q” street; thence along the said east line of
said turnpike northwardly to its intersection with the south line of the
property of William H. Brauer; thence along the south line of the prop-
erty of said William IT. Braucr, eastwardly. to its intersection with the
south line of a county road: thence along the said south line of said
county road eastwardly to its intersection with the center of Twenty-third
street: thence along the center of Tw enty-third street southwardly to the
center of “IT” street; thence along the center of “'T” street eastwardly
to the center of Tw entv- -fourth street; thence along the center of Twenty-
fourth street southwardly to the center of Carrington street; thence along
the center of Carrington street westwardly to the center of “Q” street:
thence along the center of “Q” street westwardly to the point of
beginning.

Second. That there shall be, and is hereby, established a board of
improvement commissioners for said Fairmount district; to consist of
five members, whose duty it shall be to determine what improvements of
a public nature shall be made in said district, and ascertain and assess a
tax upon the owners of real estate in said district to pay for said improve-
ments: provided, however, that in no event shall such tax in any one
year exceed one-half of one per centum of the assessed value of the real
estate therein, as ascertained by the assessment thereof for the purpose
of taxation by the state.

The citizens and property of said district are hereby exempted from the
payment of one-half of the county levy: provided, that the said district
shall, at its own expense, keep its streets and roads in order: and provided,
that the citizens and property of said district shall be exempted from
the payment of any special road tax which may hereafter be levied hy
said county.

Third. It shall also be the duty of said commissioners to fix plans and
specifications for the proper and economical execution of all improve-
ments, as hereinbefore provided, to be done by contract or otherwise,
as they may think best, and the said board of improvement commis-
sioners shall adopt such police and sanitary regulations as they may
deem best, for the comfort and order of the said Fairmount district.

Fourth. 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. They shall
adopt by-laws and shall keep a record of their proceedings. The chair-
man of said board shall, before exercising the duties of his office, qualify
before the county court of Henrico, or the judge thereof in vacation, by
taking the usual oath of office and giving bond, payable to common-
wealth of Virginia, with approved security, conditioned for the faithful
performance of the duties of his office, and in the penalty of one thou-
sand, five hundred ($1,500.00) dollars.

Fifth. 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 Fairmount district, and immediately upon the return
to his office by the commissioner of the revenue of the land and property
books of the county of Henrico, 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 Fairmount district, the aggregate value of real estate with
which each person appears to be charged upon said land and property
books of the county lying within the limits of said Fairmount district,
and said board of improvement commissioners shall thereupon order the
clerk of the said court to extend upon the tax-book of said Fairmount
district such tax opposite the name of each property owner, and there-
upon the said clerk shall certify a copy of such assessment to the treas-
urer of Henrico county who shall forthwith, upon the receipt of such
copy, make out tax bills against such property owner at the rate fixed
upon by the 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 commonwealth. And as 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.

It shall be the duty of said treasurer to keep the money collected from
such property to the credit of Fairmount 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.

Seventh. The said board of improvement commissioners shall have no
power to disburse the moneys placed to the-credit of Fairmount district
by the treasurer of Henrico county as hereinbefore provided, except
upon warrants issued by them stating the consideration for which the
same is issued, and signed and countersigned by the chairman and clerk
of said board, respectively, and upon the presentation of such certificate
the treasurer of Henrico county 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 sufficient
money to pay such certificate when presented, he shal] register the same,
and shall, as soon as possible, pav the same in order of presentation.

Eighth. The board of improvement commissioners of said district
shall be authorized to make such allowance 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 Fairmount
district, but in no case shall euch allowance exceed the compensation
allowed by law for similar services performed for the county: provided,
however, that no compensation shall be allowed the improvement com-
missioners acting under this law.

Ninth. It shall be the duty of said board of improvement commis-
sioners to institute and prosecute suit on any bond given them for the
faithful discharge of any contract 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 anv money due upon
such bond, and all money recovered on the same shall be received by the
treasurer of Henrico county, and he placed to the credit of said district.
and the treasurer and his sureties on his official bond shall be hable for
the faithful payment of such money so received, 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 Fair-
mount district to his successor in office, and should he fail or refuse to
do so, the said board of improvement commissioners may prosecute suit
on his official bond for recovery thereof.

Tenth. The treasurer shall pay out no moneys in his hands to the
credit of said Fairmount district, except upon warrants drawn by the
board of improvement commissioners of said district, signed by the
chairman of said board and countersigned by the clerk 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 hoard to provide and safely keep for
the use of said commissioners and their successors in office 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 labeled “ Fairmount district warrant book.”

Eleventh. The board of supervisors of the county of Henrico shall
place, or caused to be placed, with the said treasurer of the county of
Henrico to the credit of said commissioners so much of the general road
tax or levy as shall be collected on the real estate located within said
Fairmount district.

Twelfth. The board of improvement commissioners shall make no
contract for district improvements which shall pledge the revenues, to be
derived under this act, for a period exceeding five years.
Thirteenth. Any and all debts contracted or created under this act, and
remaining outstanding, shall be assumed and paid by any municipal cor-
poration that may hereafter include the territorial limits of said Fair-
mount district, or any part thereof.

Fourteenth. 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 mandamus by any court of this commonwealth having jurisdiction of
such writs on the application of any five or more property owners in
said Fairmount district.

Fifteenth. The said board of improvement commissioners shall be for
the first term of office Johnson F. Newberry, T. J. Teagle, 8. A. Allen,
J. L. Mitchell, and T. H. Morris. They shall hold office until the first
day of January, nineteen hundred and one, or until their successors shall
have qualified.

After the thirty-first of December, nineteen hundred, the term of office
shall be for one year, commencing first day of’ January in each year.
The members of the said board are to be elected by the qualified voters
residing within the limits of this district on the first Tuesday in Decem-
ber in each year.

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