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1995 SESSION


CHAPTER 654
An Act to amend and reenact §§ 10.1-617, 10.1-625 and 10.1-628 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-634.1, relating to watershed improvement districts; referenda on district taxes, service charges, and bonds.
[H 1430]
Approved March 25, 1995

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.