CHAPTER 20

AN ACT to authorize the acquisition, construction, operation and
maintenance of swimming pools in certain counties; to prescribe
the procedure for initiating any such project ; to provide for the
issuance of bonds therefor; and to confer certain powers and
duties upon the governing bodies of such counties. 1

[S 24

Approved February 17, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. The governing body of any county having a population of
more than one thousand per square mile as shown by the last pre-
ceding United States census shal] have power to acquire, construct.
operate and maintain swimming pools for the benefit of the public
therein.

§ 2. The governing body shall not exercise any of the powers
conferred by this act unless and until a majority of the voters voting
in an election held as hereinafter prescribed shall vote in favor of
the operation of such swimming pool or pools. A referendum on the
question of whether or not the county shall acquire, construct,
operate and maintain such pool or pools may be instituted by reso-
lution of the governing body of the county or upon petition signed
by at least one thousand qualified voters of the county. Such
resolution or petition shall be addressed to the judge of the circuit
court of the county and if he find the same to be in proper order he
shall enter an order requiring the election officials of the county to
open the polls and take the sense of the voters on the proposition.
§ 3. Such referendum shall be held in conformity with § 24-141
of the Code of Virginia.

§ 4. If a majority of the voters voting in such election vote
for the question submitted the governing body shall have the fol-
lowing powers:

(1) To establish, construct, improve, enlarge, operate and main-
tain a swimming pool or pools and other plants, structures, and
other real and personal property necessary for the operation of
such pools.

(2) To acquire by purchase, gift, condemnation or otherwise,
real estate, or rights or easements therein, necessary or convenient
for establishment; enlargement, maintenance or operation of such
pools and the right to dispose of property so acquired no longer
necessary for the use of such pools.

(3) To borrow money for the purpose of establishing, construct-
ing, improving, and enlarging the pools and to issue bonds therefor
in the name of the county, as provided by law.

(4) To accept gifts or grants of real or personal property,
money, material, labor or supplies for the establishment and opera-
tion of such pools and to make and perform such agreements or
contracts as may be necessary or convenient in connection with the
procuring or acceptance of such gifts or grants.

(5) To enter on any lands, waters and premises for the purpose
of making surveys, borings, soundings and examinations for con-
structing and operating the pools.

(6) To fix, charge and collect fees, rents or other charges for
the use and services of the pools. Such fees, rents, and charges may
be charged to and collected from any person contracting for or using
the same. The revenue derived from any or all of such fees, rents,
and charges is hereby declared to be revenue of such pools.

§ 5. Bonds of the county, the principal and interest of which
shall be payable from ad valorem taxes, shall be levied upon all of
the taxable property of said county without limitation of rate or
amount, in the event that the revenue hereinafter referred to is
insufficient for the payment of the principal and interest thereof,
may be issued from time to time in the manner prescribed by the
Constitution of Virginia.

The ordinance authorizing the issuance of any of such bonds and
the calling of an election on the question of the issuance thereof
shall state:

(a) the maximum amount of bonds to be issued;

(b) the purpose or purposes for which such bonds are to be
issued ;

(c) that the principal and interest of said bonds shall be pay-
able from ad valorem taxes without limitation of rate or amount, if
the revenue of the pool is insufficient for that purpose, or that the
principal and interest of such bonds shall be payable solely from
the revenue of such pool;

(d) if the bonds are to be payable from ad valorem taxes
without limitation of rate or amount in the event that the revenue
of the pool is insufficient for that purpose, that the bonds are to be
issued pursuant to the provisions of the Constitution of Virginia ;

(e) if the bonds are to be payable solely from the revenue of
such pool, that the bonds are to be issued pursuant to the provisions
of the Constitution of Virginia;

(f) the maximum rate of interest to be borne by the bonds, not
exceeding six per centum per annum;

(g) the maximum period within which such bonds shall mature,
not exceeding thirty-five years from the date of issue;

(h) such other details as the governing body may, in its sole
discretion deem necessary, including but without limiting the gen-
erality of the foregoing, a pledge of the net revenue of the pool to
the payment of the principal and interest of any such bonds and a
covenant to maintain fees, rents or other charges for the use of
such pool, authorized by section one of this chapter, at a level which
will produce net revenue sufficient for the payment of the principal
and interest thereof, and any reserve funds deemed necessary for the
efficient administration of such pool and for the protection of the
holders of the bonds.

§ 6. The maximum principal amount of bonds issued under this
act shall not exceed five hundred thousand dollars.

§ 7. In so far as not inconsistent with this act the provisions
of Article 4 of Chapter 19 of Title 15 of the Code of Virginia shall
apply to proceedings hereunder.

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