CHAPTER 325

An Act to amend and reenact § 15-607 of the Code of Virginia, relating
to certain powers of cities and towns and of counties, respec-
tively, in connection with projects for which they may borrow money
and issue bonds, and to amend the Code of Virginia by adding thereto a
section numbered § 15-621.1 relating to limitation of actions in con-
nection with authorization, issuance and delivery of bonds under § 15-
606 et seq. of the Code of Virginia.

[S 378]

Approved April 1, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 15-607 of the Code of Virginia be amended and reenacted and
that the Code of Virginia be further amended by adding thereto a section
numbered § 15-621.1, the amended and new sections being as follows:

§ 15-607. The cities and towns of the Comonwealth shall have power
and are hereby authorized:

(1) To accept from any federal agency grants for or in aid of any
project, except as may otherwise be provided by general law;

(2) To contract debts for any project, to borrow money for any
project, and to issue their negotiable bonds to finance any project or refund
any bonds issued therefor, and to provide for the rights of the holders of
such bonds and to secure the same as hereinafter further provided, and to
purchase any of such bonds solely for the purpose of the cancellation and
retirement thereof.

(3) To levy fees, rents, tolls or other charges for the use of or in
connection with any project, subject to and in accordance with such agree-
ments with holders of bonds as may be made as hereinafter provided;
and to provide for the collection of such fees, rents, tolls or other charges
for the use of and in connection with any project. ‘And to enable the said
cities or towns to enforce the collection of fees, rents, tolls or charges for
the use of or in connection with any such project against the person or
persons, firm or corporation using the same, the fees, rents, tolls or charges
when made for the use of any such project shall be collectible by distress,
levy, garnishment, attachment or as otherwise provided by law.

Any unpaid fee, rent, toll or charge shall become a lien superior to the
nterest of any owner, lessee or tenant, and next in succession to taxes on
the real property on or for which the use of any such project was made and
for which the fee, rent, toll or charge was imposed, provided, however,
such lien shall not bind or affect a subsequent bona fide purchaser of such
real estate for valuable consideration without actual notice of such lien,
except and until from the time at which the amount of such charge is enter-
ed in the judgment records kept in the office where deeds may be recorded
in the political subdivision wherein said real estate or a part thereof 1s
located. It shall be the duty of the clerk in whose office deeds may be
recorded to keep and preserve and hold available for public inspection such
judgment records and to cause entries to be made and indexed therein from
tume to time upon certification by the city or town for which he shall be
entitled to a fee of fifty cents per entry to be paid by the city or town and
added to the amount of the lien.

Such lien on any real estate may be discharged by the payment to the
said city or town of the total amount of such lien, and interest at the rate
of six per centum per annum from the date such fee, rent, toll or charge
was due and payable which may accrue to the date of such payment, and
the entry fee of fifty cents, and it shall be the duty of the city or town to
deliver a certificate thereof to the person paying the same, and upon pre-
sentation thereof and the payment of the further fee of twenty-five cents
by such person, the clerk having the record of such lien shall mark the entry
of such hen satisfied.

Jurisdiction to enforce any such lien shall be in equity, and the court
may decree the real estate subject to the lien, if any, or any part thereof, to
be sold and the proceeds applied to the payment of such lien and the interest
which may accrue to the date of such payment.

Nothing contained herein shall be construed to prejudice the right of
the city or town to recover the amount of such lien, or of the fee, rent, toll
or charge, and the interest which may accrue, by action at law or otherwise.

(4) To assess, levy and collect unlimited ad valorem taxes on all
property subject to taxation, to pay the bonds and interest thereon, issued
to finance any project subject to and in accordance with such agreements
with holders of bonds as miay be made as hereinafter provided;

(5) To acquire by purchase, gift or the exercise of the power of
eminent domain and to hold and dispose of any real or personal property,
or interest therein, in connection with any project, subject to mortgages or
liens or otherwise, and to lease either to or from any federal agency any real
or personal property, or interest therein, with or without the privilege of
purchase ;-

(6) To acquire by purchase, gift or by the exercise of the power of
eminent domain and to construct, reconstruct, replace, repair, operate,
maintain, embellish, develop, better or improve any project; and to per-
form any such acts and to do any such things under, through, or by means
of its own officers, agents and employees or by contracts with private
corporations, firms or individuals;

(7) To make such contracts and execute such instruments containing
such terms, provisions and conditions as in the discretion of the governing
body of such county, city or town may be necessary, proper or advisable for
the purpose of obtaining or securing grants, loans or other financial assist-
ance from any federal agency, and to make such other, further or different
contracts and execute all instruments necessary or convenient in or for the
furtherance of any project;

(8) To enter on any lands, waters and premises for the purpose of
making surveys, soundings and examinations in or for the furtherance of
any project;

(9) To do all things necessary or convenient to carry out the powers
expressly given in this article and to carry out any project; and

(10) To make such contracts and execute such instruments with any
person, firm, corporation, municipality, authority, county, sanitary district,
city or town, containing such terms, provisions and conditions, as in the
discretion of the governing body or board of such city or town, may be
necessary, proper and advisable for the purpose of the project or to con-
struct, reconstruct, replace, repair, operate, maintain, embellish, develop,
better or improve any project, or for the extension of any project or the
connection of any project with any similar project, now or hereafter estab-
lished within or without the territory of such city or town, for the purpose
of making available the use of all or any part of such project or any of the
services or facilities thereof to any of the residents of such city or town or
of any other city, town, county or sanitary district.

§ 15-621.1. For a period of twenty days after the date of an order
entered by the circutt court or by the judge thereof in vacation, authorizing
the governing body of a county to proceed to carry out the wishes of the
voters expressed at an election of the qualified voters of the county voting
on a question to approve contracting the debt, borrowing the money and
issuing the bonds for such project, any person in interst shall have the
right to contest the legality of such election, the calling thereof, the re-
sults, thereof, the order entered by the circuit court or the judge thereof
in vacation pursuant to such election, or any and all other matters in
any way pertaining to said election or the question with respect to contrac-
ting the debt, borrowing the money and issuing bonds for such project. If
such contest shall not have begun within said twenty-day period, no court
shall have authority to inquire into any of the aforesaid matters and no
such contest shall be thereafter instituted.

For a period of thirty days after the date of filing with the circuit court
of the county of a copy of the resolution or any amendment thereof adopted
by the governing board or body of any city, town or county, certified by the
clerk of said board or body, authorizing the issuance of the bonds and fixiny
the form and details thereof and containing a determination of the govern-
ing board or body of said city, town or county that it ts advisable to con-
tract a debt for any project, to borrow money for any project and to issue
negotiable bonds of the city, town or county to finance any project and
determining any other necessary matters relating to any of the aforesaid
or containing any provisions which shall be recited therein to be made a
part of the contract between such city, town or county and the holders of
such bonds, including but not limited to the levy and collection of taxes or
pledge of revenues of the project or both, for the payment of the principal
of and the interest on such bonds, any person in interest shall have the right
to contest the validity of any such resolution, or any amendment thereof,
any matters therein contained or provided for or done or to be done pur-
suant thereto and in accordance therewith, except as otherwise prohibited
by this section or any other law or statute applicable. If such contest shall
not have begun within the thirty day period herein prescribed, no court
shall have authority to inquire into ‘ial matters and no such contest shall
be thereafter instituted.

Upon the delivery of any bonds — that they are issued pursuant
to this act and an election held or resolution adopted hereunder, or any
amendment thereof, such bonds shall be conclusively presumed to be fully
authorized by all the laws of this Commonwealth and to have been sold,
executed and delivered by the city, town, or county in conformity herewith
and the validity of such bonds shall not be questioned by either a party
plaintiff or a party defendant or by the city, town or county or any tax-
payer thereof or any other interested party in any court, anything herein
or in any other statutes to the contrary notwithstanding.

2. Anemergency exists and this act is in force from its passage.
An Act to amend and reenact § 22-21 of the Code of Virginia, relating to
certain powers and duties of the State Board of Education. 'S 383]

Approved April 1, 1954
Be it enacted by the General Assembly of Virginia:

ta That § 22-21 of the Code of Virginia be amended and reenacted as
ollows:

§ 22-21. The State Board is authorized and required to do all things
necessary to stimulate and encourage local supervisory activities and in-
terest in the improvement of the elementary and secondary schools, and
further, the State Board in its discretion may recommend provisions for
standards for public and nonpublic kindergarten and nursery schools; pro-
vided, however, that no such nonpublic kindergarten or nursery school shall
hold itself out to the public as having been sanctioned ¢ or approved by the
State Board of Education.