Chap. 359.—An ACT to amend an act entitled an act to provide a new charter
for the town of Waynesboro, Virginia, and to repeal all acts or parts of acts
in conflict therewith, approved March 26, 1928, by adding thereto a new
section numbered 4l-a, to provide for the school board of said town to borrow
money for the purpose of erecting school houses and to issue bonds therefor.

[H B 527]
Approved March 27, 1936

1. Be it enacted by the General Assembly of Virginia, That an act
entitled an act to provide a new charter for the town of Waynesboro,
Virginia, and to repeal all acts or parts of acts in conflict therewith,
approved March twenty-sixth, nineteen hundred and twenty-eight, be
amended by adding thereto a new section numbered forty-one-a, which
new section shall read as follows:

Section 4l-a. (a) Whenever it shall be necessary or expedient for
the town of Waynesboro to erect a school house, it shall be lawful for
the Waynesboro School Board of such town to contract a loan for said
purpose, on the credit of the town, in the manner hereinafter provided.
The said Waynesboro School Board shall have authority to erect such
school house within or without the corporate limits of the town at
such site as may be adequate to provide ample space and playground
facilities.

(b) Whenever it shall be necessary or expedient for the town to
erect a school house, the Waynesboro School Board is authorized to
pass a resolution setting forth the necessity or expediency of erecting
such school house, and reciting the amount of money necessary to be
raised by a loan to be contracted for such purpose, and such resolution
shall be certified to the town council, and if the town council approve
the erection of such school house and the issuance of bonds therefor,
the town council shall so resolve the action of the Waynesboro School
Board and the action of the town council thereon shall be certified to
the judge of the circuit court of Augusta county, with the request of
the council that an election be called to submit the question of the
issuance of such bonds to the qualified voters of the town of Waynes-
boro held for that purpose.

(c) The judge of the circuit court shall thereupon make an order
requiring the judges of election on a day fixed in his said order, not less
than thirty days from the date of such order, to open a poll and take
the sense of the qualified voters of the town of Waynesboro on the
question whether the town council shall issue bonds for said purpose.
The approval of the judge of the circuit court of Augusta county of
the issuance of such bonds and the erection of such school house shall
not be necessary for the issuance of such bonds by the town council.

(d) If it shall appear from the returns that a majority of the
qualified voters voting at said election shall be against such proposed
bond issue, an order shall be entered of record by the judge of said
circuit court accordingly. If a majority of the qualified electors voting
at said election shall be in favor of such bond issue, the court or judge
thereof shall enter an order accordingly, a copy of which shall be
forthwith certified by the clerk of such court to the council of the
town of Waynesboro.

Such certification of the order reciting the result of such election
to the town council shall be a full, complete and direct authorization
to the said council to carry out the will of the voters as expressed at
said election, and if the election shall have resulted favorably to the
issuance of such bonds, then the town council shall be thereupon com-
pletely authorized to prepare, execute, advertise and offer for sale, sell
and deliver such bonds to any person or persons as hereinafter pro-
vided.

(e) Upon the proceedings under this section being had, and not
otherwise, the council of the town of Waynesboro is authorized and
empowered to issue the bonds of the said town for such loan, which
bonds must be “serial bonds,” payable in annual installments, the first
of which shall be payable at any time the council may prescribe in the
ordinance authorizing the issuance of such bonds; and the last of
which shall be payable within a period not exceeding thirty years from
the date of issuance. The said bonds shall be in the form prescribed
for the issuance of bonds in section twenty-nine of the charter of the
town,

({) Said bonds shall be sold at public sale upon sealed proposals,
to the highest bidder at not less than par and accrued interest to date
of delivery. Notice of such sale shall be given by publication, in such
paper or papers as the town council shall direct, in two issues of such
paper or papers, the second publication thereof to be not less than ten
days prior to the date fixed by such sale.

(g) Fora period of thirty days after the date of an order entered
by the circuit court or by the judge thereof in vacation, certifying that
a majority of the qualified voters of the town of Waynesboro voting
in such election voted in favor of the issuance of bonds, as herein pro-
vided, any person in interest shall have the right to contest the legality
of said bonds or of the indebtedness proposed to be so contracted, or
the taxes to be levied for the payment of the principal and interest of
said bonds, after which time no one shall have any cause or right of
action to contest the legality or regularity of said election, or the
validity of said bonds, or the creation of said indebtedness, or the
validity of taxes necessary for the payment of the principal and interest
of said bonds for any cause whatsoever. If such contest shall not have
been begun within the thirty days herein prescribed, the authority to
issue the bonds, the validity of the indebtedness proposed to be con-
tracted and the validity of the taxes necessary to pay the principal and
interest of said bonds, shall be conclusively presumed, and no court
shall have authority to inquire into such matters.

(h) There shall be levied annually at the same time and in the
same manner as other school taxes are assessed, levied and collected, a
tax upon all property in the town, subject to local taxation, sufficient
to provide for the payment of the principal and interest of said bonds
as they mature and it shall be the further duty of the council of the
town of Waynesboro to annually levy such tax as may be necessary to
provide for the annual payment of the principal and interest of said
bonds as they mature until the entire issue shall have been fully paid
and discharged.

2. An emergency existing this act shall be in force from it passage.