Chap. 539.—An ACT to authorize the city of Newport News to purchase the
water works plant or system now operated by the Newport News Light aud
Water Company, including the water sheds and appurtenances to said water
works plant, and to operate, control, extend, and improve said plant for the
purpose of supplying water to the inhabitants of York county, James City
county, Warwick county, Elizabeth City county, the city of Hampton, the
town of Phoebus, the village of Kecoughtan, and certain areas and properiies
owned by the United States, to authorize the issuance of bonds of said city
for said purposes; to provide for the collection of water rates in said counties
and said municipalities, and for the Jevy and collection of taxes upon the
taxable property of the city of Newport News, to provide for the payment
of the principal and interest of said bonds; to provide for the establishment
by the city council of a commission for the management of said water works
plant and system; and upon consummation of the purchase to relieve the said
water company from its duty to serve the public as such public service
corporation. [H B 341)

Approved March 25, 1926.

1. Be it enacted by the general assembly of Virginia, That the
city of Newport News is hereby authorized to purchase the water
works, plant or system now owned and operated by the Newport News
Light and Water Company, including auxiliary properties, owned by
the Old Dominion land company, Virginia corporations, including the
reservoirs known as Lee Hall reservoir, Skiff’s creek reservoir, Har-
wood’s Mill reservoir, Young’s Mill pond and Causey’s Mill pond, the
water sheds of said water works system and all distribution mains,
pipes and rights of way therefor throughout the municipalities and
counties where same are now located and the power plant or plants,
filtration plant or plants, service meters, hydrants, fire plugs and all
apparatus andequipment appurtenant to said system, owned by said
companies or either of them and to improve or to extend said system
by the purchase of additional lands or the construction of additional
reservoirs, power plants, filtration systems, water mains and such
other improvements as may be necessary for the purpose of supplying
pure potable water in adequate amounts to the consumers thereof; to
make reasonable rules and regulations for promoting the purity of its
water supply and for protecting the same from pollution and for this
purpose to exercise full police powers and sanitary patrol over all
lands comprised within the limits of the water shed tributary to any
such water supply wherever such lands may be located in this State;
and to impose and enforce adequate penalties for the violation of any
such rules and regulations. ,

2. Upon the purchase of said water works plant by the city of
Newport News, the said city shall continue to serve all corporations
or persons now being supplied with water by said water works system
in York county, James City county, Warwick county, Elizabeth City
county, the city of Hampton, the town of Phoebus and the village of
Kecoughton. The city-council of said city may authorize the exten-
sion of the water mains of said water works system so as to supply
additional consumers of water in the territories aforesaid; and the said
council may also contract with the United States to supply water to
Fort Eustis, Navy mine depot, Langley aviation field, Fortress Mon-
roe and the National soldier’s home, upon such terms and conditions
as may be agreed upon.
3. The city council of the city of Newport News is hereby auth-
orized and empowered to purchase, lease or acquire by the exercise of
the power of eminent domain in the manner provided by law, any
additional lands or interest therein, within or without the city of New-
port News that may be necessary for the operation of said water works
plant or to protect the water from contamination, not, however, to
exceed in the aggregate, fifteen thousand acres at any one time, and
the said council may, in its discretion, sell, lease or otherwise dispose
of any lands, or other properties not necessary for the proper protec-
tion of its water supply and the proper operation of said water works
plant and system, provided, however, that no sale, conveyance, or
lease of any such real estate belonging to or appertaining to said water
works plant or system shall be made until notice of its intention to sell,
lease or otherwise dispose of said property, shall have been given to
the citizens of Newport News, by publication once a week for four
successive weeks in a newspaper, published in said city, prior to the
final adoption of the ordinance authorizing said lease or conveyance.
Provided further, that the board of supervisors of any county in which
a part of the land is situated may file a petition in the circuit court of
said county to require the city of Newport News to show cause why
it should not be required to dispose of any of its property held for
water shed purposes as being unnecessary for said purposes.

The governor shall designate some judge remote from said city or
county to hear and determine the case, and provide for the sale of any
land held unnecessary, with right of appeal to any party to the cause.

4. The proceeds of any such sale, lease or other conveyance of
any such property belonging or appertaining to the said water works
plant shall be applied solely to the extension, betterments or renewals
of said plant, water sheds, or system or to the retirement of the prin-
cipal of any indebtedness incurred or assumed by the city of Newport
News under the provisions of this act in the purchase of said water
works plant and system.

5. The city of Newport News shall have the power to charge and
enforce the payment of reasonable rates for the supply of water to all
consumers in the territories aforesaid, the proceeds whereof shall be
applied solely to the operation, maintenance and necessary extension
of the waterworks plant and system and to the payment of the bonds
issued hereunder, and said city, in the operation of its said water works
plant and system, shall succeed to and enjoy all the powers and rights
and privileges appertaining thereto, now possessed by the Newport
News Light and Water Company and the Old Dominion land company
within the territories aforesaid, and all rights, privileges and immuni-
ties allowed or granted by general law to cities purchasing or owning
water supply plants or systems.

6.- Upon the conveyance of said properties to said city and the
assumption of the operation thereof by said city all duties and obliga-
tions of the said companies to serve the public as such public service
corporations shall cease and determine.

7. To provide funds for the purchase of said water works plant
and system, the council of the city of Newport News is hereby auth-
orized to issue bonds of said city of Newport News in accordance with
section one hundred and twenty-seven-b of the Constitution of Vir-
ginia. Said bonds shall be authorized by an ordinance reciting the
expediency of borrowing money by said city and the issuance of bonds
therefor, the amount of said bonds, the maturities thereof, the maxi-
mum rate of interest to be paid thereon, and the purpose for which
said bonds are to be issued and that said bonds are to be issued under
the provisions of section one hundred and twenty-seven-b of the Con-
stitution of Virginia, and of this act, and that they shall not be in-
cluded in determining the limitation of the power of said city to incur
indebtedness for a period of five years from the date of the election at
which said ordinance shall be submitted to the qualified voters of said
city, but that from and after five years from the date of said election,
whenever and for so long as said water works system fails to produce
sufficient revenue to pay for cost of operation and administration,
(including interest on bonds issued therefor and the cost of insurance
against loss by injury to persons or property), and an annual amount
to be covered into a sinking fund sufficient to pay at or before maturity,
all bonds issued on account of said water work splant, then all bonds
issued on account of said water works plant then outstanding shall be
included in determining the limitation of the power of said city to
incur indebtedness. Said ordinance shall provide that it shall take
effect when ratified by the vote of a majority of the qualified voters of
said city voting at an election held therein, notice of which election
shall be given by publication in a newspaper published in the city of
Newport News once a week for three successive weeks, the first pub-
lication to be not less than eighteen days prior to the date of said
election. Said election, except as herein provided, shall be held in
conformity with the provisions of chapter one hundred and twenty-
two (122) of the Code of Virginia applicable thereto.

8. The bonds issued under the provisions of this act shall be the
general obligations of the city of Newport News, for which the full
faith and credit of said city shall be irrevocably pledged, and in the
event the income and revenues of said water works plant are insufh-
cient to provide for the payment of the principal and interest of said
bonds as the same become due and payable, then the council of said
city shall levy annual taxes upon all the taxable property in said city
sufficient to make good any deficiency in said revenues and to provide
for the payment of the principal and interest of said bonds at maturity.

9. All bonds issued under the provisions of this act shall bear
interest at a rate not exceeding six per centum per annum, payable
annually or semi-annually, and shall be signed by the mayor of the
city of Newport News, attested by the city clerk, and shall have the
corporate seal of said city affixed, and shall become due and payable
serially or otherwise, in not more than forty years from their date, and
shall not be sold upon a basis which will cost the municipality more
than six per centum interest per annum, and to be sold at public
sale, notice of which shall be given by publitation in a newspaper
published in the city of Newport News and in a financial paper pub-
lished in the city of New York, not less than ten days prior to the date
fixed for the sale, provided, however, that in its discretion, the city
council may deliver bonds issued under the provisions of this act at
par or better, in payment for the water works plant, authorized to be
purchased hereunder.

10. The bonds issued under the provisions of this act may be
either coupon bonds or registered bonds. If issued in coupon form,
the coupons shall bear the fac-simile signatures of the mayor and city
clerk. Coupon bond in the discretion of the city council may be
registerable as to principal only, or as to both principal and interest,
on books to be kept by a registrar which may be either an official of
the city of Newport News or a bank or trust company, duly authorized
to act as registrar by ordinance of the city council.

11. If it should be determined after the voting of bonds as herein
authorized, that there are existing liens upon said water works plant
and system which cannot be retired prior to the conveyance of said
properties to the city, the city council in its discretion, may purchase
said properties subject to said liens, and in that event, said liens shall
constitute merely charges upon said properties payable out of the
income and revenues thereof, and shall not be assumed by the city of
Newport News; provided, however, that the city council, in its dis-
cretion may deposit with a trustee or trustees, bonds authorized under
the provisions of the ordinance aforesaid, to be issued by said trustee
in exchange for bonds or other instruments secured by said liens upon
such terms and conditions, as said city council may prescribe, but in
no event at a cost higher than the par value of said bonds, but the
deposit of said bonds with said trustee shall not be considered an
issuance thereof, nor to constitute indebtedness of the city of Newport
News, unless and until delivered by said trustees in exchange for bonds
or instruments secured by the aforesaid liens as herein provided.

12. Any change in the officers of mayor and city clerk or in the
seal of said city occurring between the date of their execution of said
bonds and the date of the delivery thereof, shall in no wise affect the
validity of said bonds.

13. The city council in its discretion may provide by ordinance
for the establishment of a commission, the members of which may be
selected in any manner designed by the council, which commission
shall be vested with such powers as to the management of said water
works system, including the fixing rate therefor as said council may
deem proper.

14. This act shall be construed as an additional grant of power to
the city of Newport News, supplementary to the general law of the
State relating to the rights and privileges of cities purchasing or owning
water supply plants or systems.

15. An emergency existing in the immediate necessity of the city
of Newport News acquiring a water plant adequate to the present and
future requirements of said city, this act shall take effect immediately.
Chap. 539.—An ACT to prohibit the issuance of any license, permit or authoriza-
tion, other than marriage license, required by the laws of this State or by
any political subdivision thereof unless and until the person applying therefor
shall exhibit a tax receipt or certificate showing that the State capitation tax
assessed or assessable against such person for the tax year immediately
preceding the last preceding tax year to the tax year to which the license,
permit or authorization relates has been paid; and to repeal an act ap-
proved March 15, 1924, entitled an act to prohibit the issuance of licenses,
other than marriage licenses, required by the laws of this State or by any
political subdivision thereof unless and until the persons applying therefor
shall exhibit tax receipts or certificates showing that the State capitation
taxes assessed or assessable against such persons for the last preceding tax
year have been paid. [H B 232]

Approved March 25, 1926.

1. Beit enacted by the general assembly of Virginia, That on and
after this act takes effect no officer authorized to issue any license,
permit or authorization required by the laws of this State or by any
political subdivision thereof shall issue any license, permit or auth-
orization to any person unless and until such person shall file with
such officer his or her certificate in writing setting forth that the State
capitation tax, assessed or assessable against such person for the tax
year immediately preceding the last preceding tax year to the tax year
to which the license, permit or authorization relates, has been paid,
unless the records of the officer applied to for the license, permit or
authorization show such tax has been paid.

2. The provisions of this act shall not apply to soldiers, sailors
and marines who were in the Confederate service or their wives or
widows.

3. The requirements of this act shall be in addition to the re-
quirements of existing law, but shall not be applicable to any person
who, under the laws of this State, was not legally assessable with a
State capitation tax for the tax year to which the certificate required
by this act to be filed relates.

4, Any officer authorized to issue a license, permit or authoriza-
tion who shall issue the same in violation of this act shall be guilty of
a misdemeanor, and on conviction thereof shall be fined not exceeding
five hundred dollars.

5. Any person falsely certifying to any fact required to be certi-
fied to by this act shall be guilty of a misdemeanor.

6. Any person violating the provisions of this section shall be
deemed guilty of a misdemeanor; provided, however, that nothing in
this act shall apply to marriage licenses.

7. Beit further enacted, That an act approved March fifteenth,
nineteen hundred and twenty-four, entitled an act to prohibit the
issuance of licenses, other than marriage licenses, required by the laws
of this State or by any political subdivision thereof, unless and until
the persons applying therefor shall exhibit tax receipts or certificates
showing that the State capitation taxes assessed or assessable against
such persons for the last preceding tax year have been paid, be, and
the same_is hereby, repealed.