Chap. 49.—An ACT to amend and re-enact an act entitled “an act to provide fire
protection and scavenger service in counties adjoining cities with a population
of 170,000 or more”, approved March 4, 1932, so as to provide for the
removal and disposal of garbage in such counties, and to repeal all acts
or parts of acts inconsistent with this act. [S B 119]

Approved March 1, 1938
1. Be it enacted by the General Assembly of Virginia, That an act

entitled, “an act to provide fire protection and scavenger service in
mpaaatiae adimetne witless with a sandlatiann af ane hwrdred and severity
thousand or more”, approved March fourth, nineteen hundred and
thirty-two, be amended and re-enacted so as to read as follows:

Section 1. The board of supervisors of counties adjoining cities
with a population of one hundred and seventy thousand, or more, as
shown by the last preceding United States census, be, and they are
hereby authorized and empowered:

First: To establish or to contract for, with any person, firm or
corporation, fire protection, scavenger service, and, removal and dis-
posal of garbage, or either, in their respective counties, or in any one or
more districts, or in any one or more areas of said counties.

Second: To levy a special tax not to exceed five cents per hun-
dred in such areas as may be established in the counties or districts
by the board of supervisors on petition of a majority of the qualified
voters residing within said area or district in which fire protection,
scavenger service, or, removal and disposal of garbage, or any of such,
is provided, said tax to be levied and collected as other taxes of the
county are levied and collected, and said tax to be used for the pur-
pose of providing fire protection, scavenger service, or, removal and
disposal of garbage, or any of such, in the county, or in the district, or,
in the area in which it is levied. If any area in one district, or in
more than one district of any such county is designated by the board
of supervisors, as is provided herein, such area shall be deemed to be
a taxing district for the purposes of this act.

Third: That should the board of supervisors enter into a contract
with any person, firm or corporation for fire protection, scavenger ser-
vice, and, removal and disposal of garbage, or either, the said board
of supervisors shall require all persons, firms or corporations with whom
they have entered into a contract, to furnish a bond in such sum as
may be deemed necessary by the board of supervisors with sufficient
security approved by said board of supervisors, conditioned to faith-
fully perform the duties as set forth in the contract; that in event of
the failure to perform said duties, as set out in the contract, the board
of supervisors shall notify the said person, firm or corporation, or his
or their surety, to appear at the next regular meeting of such board
after said notice is served on them, to show cause why the said bond
should not be forfeited; provided, however, that should the board of
supervisors enter into any such contract with any municipal corpora-
tion for the performance of any of such services, no such bond shall
be required.

Fourth: That the board of supervisors at the end of each month
shall order proper warrant to be drawn on the treasurer of such
county, in favor of the person, firm or corporation, for such amount
as has been fixed by them in said contract, but not to exceed the said
amount made available under the levy herein provided.

If any part or parts, section, sentence, clause, or phrase of this act
is for any reason declared to be unconstitutional or invalid, such de-
cision shall not affect the validity of this act as a whole, or any portion
thereof other than the part or portion so decided to be unconstitutional
or invalid.
All acts and parts of acts, whether general, special or local incon-
sistent with this act are hereby repealed to the extent of such incon-
sistency.

2. An emergency existing, this act shall be in force from its pas-
sage.