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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-617, 10.1-625 and 10.1-628 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 10.1-634.1 as follows:
§ 10.1-617. Determination of whether operation of proposed district is feasible; referendum.
If the district directors determine that a need for the proposed watershed
improvement district exists and after they define the boundaries of the
proposed district, they shall consider the administrative feasibility of
operating the proposed watershed improvement district. To assist the district
directors in determining such question, a referendum shall be held upon the
proposition of the creation of the proposed watershed improvement district.
Due notice of the referendum shall be given by the district directors. All
owners of land lying within the boundaries of the proposed watershed
improvement district shall be eligible to vote in the referendum. The
district directors may prescribe necessary regulations governing the conduct
of the hearing and referendum.
§ 10.1-625. Status and general powers of district; power to levy tax or service charge; approval of landowners required.
A watershed improvement district shall have all of the powers of the soil and
water conservation district or districts in which the watershed improvement
district is situated, and in addition shall have the authority to levy and
collect a tax or service charge to be used for the purposes for which the
watershed improvement district was created. No tax shall be levied nor
service charge imposed under this article unless two-thirds of the owners of
land, which two-thirds owners shall also represent ownership of at least
two-thirds of the land area in such district, voting in a referendum called
and held under § 24.1-165 in the manner prescribed in this
article, approve the levy of a tax to be expended for the purposes of the
watershed improvement district.
§ 10.1-628. Fiscal powers of governing body; may poll landowners on question of incurring indebtedness or issuing bonds.
The governing body of any watershed improvement district shall have power,
subject to the conditions and limitations of this article, to incur
indebtedness, borrow funds, and issue bonds of such watershed improvement
district. The circuit court of the county or city in which any portion of the
watershed improvement district is located, upon the petition of a majority of
the members of the governing body of the watershed improvement district,
shall order a referendum at the next election regularly prescribed by law,
or at any other time not less than thirty days from the date of
such order, which shall be designated therein, to determine whether the
governing body shall incur indebtedness or issue bonds for one or more of the
purposes for which the watershed improvement district was created.
The referendum shall be conducted in the manner prescribed by this article
for the conduct of other referendums in the watershed improvement
districts, and under § 24.1-165.
§ 10.1-634.1. Conduct of referenda.
The referenda authorized or required by this article shall be conducted
pursuant to regulations prescribed by the Virginia Soil and Water
Conservation Board and not as provided for under § 24.2-684.