Article I. CONTRACTS FOR FIRE PROTECTION, ETC.


Section 1. The boards of supervisors of counties adjoining cities with a population of 170,000, or more, as shown by the last preceding United States census, are hereby authorized and empowered:

First: To establish or to contract for, with any person, firm or corporation, fire protection, scavenger service, and, removal and disposal of garbage, or either, in their respective counties, or in any one or more districts, or in any one or more areas of such counties.

Second: To levy a special tax not to exceed $0.05 per hundred in such areas as may be established in the counties or districts by the board of supervisors on petition of a majority of the qualified voters residing within such area or district in which fire protection, scavenger service, or, removal and disposal of garbage, or any of such is provided, such tax to be levied and collected as other taxes of the county are levied and collected, and such tax to be used for the purpose of providing fire protection, scavenger service, or, removal and disposal of garbage, or any of such, in the county, or in the district, or, in the area in which it is levied. If any area in one district, or in more than one district of any such county is designated by the board of supervisors, as is provided herein, such area shall be deemed to be a taxing district for the purposes of this act; or, in lieu of the petition, levy, tax and other requirements of this paragraph, the board of supervisors, in their discretion, may, and they are hereby empowered to enter into contract with one or more householders, tenants and/or owners of dwelling houses and/or operators of business places in any such county for the removal and disposal of garbage from any house, dwelling and/or business place, and may fix a charge for such service to be paid at such time and to such county agency or department as the board of supervisors may designate. The board of supervisors shall not be required to enter into any contract with any householder, tenant and/or owner of a dwelling house or operator of a place of business against its judgment and discretion, even though such board of supervisors may have contracted to render such service to others; it being intended that this service shall be contractual, and the board of supervisors may make such conditions in its contracts for such service as to the board may seem proper.

Third: That should the board of supervisors enter into a contract with any person, firm or corporation for fire protection, scavenger service, and, removal and disposal of garbage, or either, the board of supervisors shall require all persons, firms or corporations with whom they have entered into a contract, to furnish a bond in such sum as may be deemed necessary by the board of supervisors, with sufficient security approved by the board of supervisors, conditioned to faithfully perform the duties as set forth in the contract; that in event of the failure to perform such duties, as set out in the contract, the board of supervisors shall notify the person, firm or corporation, or his or their surety, to appear at the next regular meeting of such board after the notice is served on them, to show cause why the bond should not be forfeited; provided, however, that should the board of supervisors enter into any such contract with any municipal corporation for the performance of any of such services, no such bond shall be required.

Fourth: That the board of supervisors at the end of each month shall order proper warrant to be drawn on the treasurer of such county, in favor of the person, firm or corporation, for such amount as has been fixed by them in the contract, but not to exceed the amount made available under the levy herein provided.

Footnotes:
--- (5) ---

Editor's note— This article is derived from Acts 1932, c. 94, as amended by Acts 1938, c. 49 and Acts 1948, c. 104, as continued in effect by Code of Virginia, § 15.1-353.