Chap. 70.—An ACT to amend and reenact Sections 1 as amended, 2, 3, 7 and
16 of Chapter 305 of the Acts of Assembly of 1944, approved March 29,
1944, the chapter and sections relating to imposition of special assessments
in certain counties for public improvements. ; [S 116]

Approved March 3, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections one as amended, two, three, seven and sixteen
of chapter three hundred five of the Acts of Assembly of
nineteen hundred forty-four, approved March twenty-nine, nineteen
hundred forty-four, be amended and reenacted as follows:

Section 1. Additional powers as to sanitary districts given
governing bodies of certain counties—In addition to any other
power and authority conferred upon it by any general or special
law, the governing body of any county adjoining any county in this
State having a density of population in excess of one thousand
inhabitants per square mile is authorized and empowered to levy
assessments upon property owners in any sanitary district in such
county for all or any part of the cost of acquiring, constructing,
reconstructing, extending and altering, water and sewage systems
and parts thereof for the use of such sanitary districts, provided
that the assessments so imposed shall not be in excess of the
peculiar benefits resulting therefrom to such property owners.

In addition to any other power and authority conferred upon
it by general or special law, the governing body of any county
having an area of more than forty and less than eighty square miles
is authorized and empowered to levy assessments upon property
owners in any sanitary district in such county for all or any part of
the cost of constructing, reconstructing, extending, altering, main-
taining and repairing water, drainage, malaria control and sewage
systems and parts thereof, sidewalks, curbs and gutters for use of
such sanitary district, provided that the assessments so imposed
shall not be in excess of the peculiar benefits resulting therefrom
to such property owners. Any such assessments may, if the govern-
ing body so desires, be graduated according to the number of feet
which the property fronts along the proposed or existing improve-
ment with such exceptions as it deems necessary in the case of
property on which apartment houses or apartments are located.

Section 2. Initial Proceedings——Any improvement to be made
under and subject to the provisions of this act shall be ordered by a
resolution of the governing body of such county, which shall declare
the same to be of general benefit to the sanitary district and of
peculiar benefit to certain of the properties located therein, and
shall describe the improvements by indicting the location by term-
inal points and route and by a general description of the character
of the improvement.

The resolution shall also state the proportion of the cost of the’
improvement that shall be assessed against property owners who
will receive a peculiar benefit therefrom together with a description
of such property in sufficient detail to identify the same, and shall
set forth the rules that shall be applied in determining assessments
to be made against such property owners.

Section 3. Plans, Specifications, Estimates of Cost and Tenta-
tive Assessment Roll.—As soon as practical after the passage of the
resolution the governing body shall order the preparation of plans,
specifications, and estimate of cost for the improvement ordered
thereby. Such estimate of cost shall include the costs of preliminary
and other surveys, land acquisition, legal services, preparation of
plans and specifications, printing and publishing of notices, acquisi-
tion, construction, reconstruction, extension and alteration, in-
terest during acquisition, construction, reconstruction, extension
and alteration and otherwise chargeable, preparation of assessment
rolls, collection of assessments, and any other expenses necessary
or proper in conducting the proceedings and work herein provided
for.

The governing body shall also order the preparation of a ten-
tative assessment roll showing the tentative apportionment of the
estimated cost as between the various properties subject to special
assessments in accordance with the provisions of the improvement
resolution.

Upon completion of the preparation of plans, specifications,
estimate of cost and tentative assessment roll, a duplicate copy
thereof shall be filed with the clerk of the governing body and
shall remain open to public inspection.

Section 7. Appropriation of Cost from Bonds or Otherwise.—
Notwithstanding the confirmation of the resolution ordering the
improvement no notice calling for bids shall be published, no
contract shall be executed and no work shall be performed in con-
nection with the improvement unless and until, by the appropriation
of moneys available or to be available and not otherwise appro-
riated, there shall be appropriated therefor an amount at least
qual to the cost thereof as estimated pursuant to section three
f this act.

Section 16. Liberal Construction—-The purpose of this act
cing to provide an economical and equitable method by which
‘ater and sewage systems may be acquired, constructed, recon-
tructed, extended and altered, it is hereby declared that no ir-
cgularity or illegality in connection with any of the proceedings
erein authorized shall in any way affect the validity of the orders
wv improvements or the contracts or the special assessments,
nless such irregularity or illegality substantially affects the rights
{ the county or its inhabitants or the owners of property assessed
ox such improvements. If any part or parts, section, subsection,
ntence, clause, or phrase of this act is for any reason declared un-
mnstitutional, such decision shall not affect the validity of the re-
laining portions of this act, which shall remain in force as if such
ct had been passed with the unconstitutional part or parts, section,
tbsection, sentence, clause or phrase thereof eliminated; and the
eneral Assembly hereby declares that it would have passed this
ct if such unconstitutional part or parts, section, subsection,
entence, clause or phrase had not been included herein.

2. Anemergency exists and this act is in force from its passage.