Chap. 98.—An ACT to authorize certain counties, cities and towns in this State
to establish one or more mosquito control districts; to provide for a commission
for each such district so established and to grant and define the powers and
duties of each such commission; to provide funds and authorize the levy of
taxes to carry on the mosquito control work in each such district so established ;
and to repeal chapter 464 of the acts of the General Assembly of Virginia of
1930, approved March 27, 1930, relating to the establishment of mosquito
control districts. ~ {HB 185]

Approved February 27, 1940

1. Beit enacted by the General Assembly of Virginia as follows:

Section 1. The board of supervisors or other governing body of
sach of the counties of Elizabeth City, Warwick, York, James City,
Norfolk, Princess Anne, Nansemond, Isle of Wight, Southampton,
Accomack and Northampton, either alone or jointly with one or more
of the said counties, may create one or more mosquito control dis-
tricts in such county or counties, no part of which shall include the
territory within an incorporated city or town within any such county
except by agreement with such city or town as hereinafter provided.
The council or other governing body of each of the cities of Hampton,
Newport News, Norfolk, South Norfolk, Portsmouth, Suffolk and
Williamsburg, either alone or jointly with one or more of the said
cities may create one or more mosquito control districts in such city
or cities, to comprise the whole or any part of such city or cities.
For any town within any of the counties above enumerated, the
council of such town may create one or more mosquito control dis-
tricts to comprise the whole or any part of such town.

By agreement between any county and any city, or between any
county and any town, or between any city and any town, each of
which is authorized by the provisions of this act to create one or
more mosquito control districts wholly within its own boundaries,
one or more mosquito control districts may be created to comprise
territory within such county, city or town, and such agreement may
be entered into between the governing bodies or two or more such
political sub-divisions of the State of Virginia.

Section 2. When any mosquito control district is created under
the terms of this act the administrative body for the furtherance of
mosquito control work in such district shall consist of a Commission
of three members, one of whom in every instance shall be the State
Health Commissioner for the State of Virginia, or such deputy as
he may from time to time designate to act in his place, and the State
Health Commissioner or his deputy so designated, shall act as ex-
officio chairman of each such Commission. Where the mosquitc
control district so established consists of territory wholly within one
political subdivision, then the governing body of that political sub-
division shall designate the other two members of the Commission
where the mosquito control district so established shall consist of
territory in two political sub-divisions of the State of Virginia, ther
each such political sub-division shall designate one member; anc
where any mosquito control district shall by agreement betweer
political sub-divisions consist of territory lying within more thar
two political sub-divisions of the State of Virginia, then in every
such event the remaining two members of the Commission for tha
district shall be designated by the State Health Commissioner fron
residents within said district.

Section 3. The Commission for any mosquito control district
and their successors in office, are hereby created a body politic anc
corporate, to have and to use a common seal, to contract and be
contracted with, and generally and specially to have all the powers
necessary to carry into effect all of the provisions, intents and purposes
of this act. Any person appointed a member of any such Commis.
sion by the governing body of any political sub-division of the Com-
monwealth of Virginia, or by the State Health Commissioner, as
permitted by the terms of this act, shall take and subscribe an oath
to support the Constitution of the United States and of this State,
and to faithfully and impartially perform and discharge the duties
imposed upon him by this act, and such oaths taken before some
officer of this State authorized by law to administer the same, shall
be delivered by the person taking same to the Secretary of the Com-
mission for filing with the permanent records of such Commission.
The term of Commission members, other than the State Health
Commissioner or his deputy, shall be for four years each, and such
members shall continue to serve after the expiration of their terms
until their successors have been duly appointed and qualified as
herein provided. Vacancies upon any Commission shall be filled by
the authority originally filling the office. |

Section 4. Any mosquito control commission created under the
provisions of this act shall appoint its own secretary either from the
membership of such commission or otherwise, and it shall fix his
compensation. Any secretary so appointed shall record the minutes
of the commission and keep its records and perform such other duties
as may be imposed upon him by such commission. The commission
may require bond of its secretary in excess of the funds which may
come into his hands, and conditioned for the faithful application of
such funds.

Section 5. Any mosquito control commission created under the
authority of this act is empowered to employ all necessary clerical
assistants, engineers, scientists and laborers, to do any and all things
deemed necessary or desirable by it for the control and elimination of
all species of mosquitoes in the district for which it is appointed. It
is specifically authorized and empowered to dig canals, ditches and
drains, to fill depressions, lakes, ponds or marshes, which are breeding
places for mosquitoes, and to take such other steps as it may deem
necessary for the control and elimination of all species of mosquitoes,
but expressly subject to private property rights in the areas in which
its work is carried on.

Section 6. Any mosquito control commission created under the
authority of this act is vested with the power of eminent domain so
lar as may be necessary to effectively carry out the provisions of
this act. Proceedings for the condemnation of any property or
property rights shall be instituted and conducted in the name of the
mosquito control commission for the district in which such property
is located or the district for which its acquisition is deemed necessary,
and the procedure shall be the same as is prescribed by the general
laws of Virginia for the exercise of eminent domain by railroad corpora-
tions, and the rights of all persons affected, including the payment of
compensation for property or property rights condemned, shall be
subject to the general laws of this Commonwealth in so far as the
same may be applicable, taking into consideration the general pur-
poses of this act. | .

Section 7. The governing body of any county, city or town, the
whole or a part of whose territory is contained within a mosquito
control district established under the provisions of this act, is hereby
authorized and empowered by affirmative resolution of such governing
body to annually levy a special tax upon all property subject to
local taxation within the territory located within said county, city
or town which is a part of said mosquito control district of not ex-
ceeding twenty-five cents per one hundred dollars of assessed valua-
tion thereof, and all funds received from any tax levy so made shall,
as collected by the county, city or town treasurer for the collection
of taxes on the real and personal property subject to such levy and
lying within such county, city or town, be paid to the mosquito
control commission for the mosquito control district in which said
property, real and personal is, and shall be expended by such mos-
quito control commission to whom same is paid, for the purposes
authorized by this act. _

Section 8. The State Board of Health is hereby authorized to
contribute annually to any mosquito control commission established
under the authority of this act, a sum not more than twenty-five per
cent of the gross amount obtained by such commission annually
from any special tax levy authorized by this act or contributed to
such commission annually by direct appropriation of any county,
city or town, or combination of two or more counties, cities or towns,
but any such amount so contributed by the State Board of Health
shall not exceed five thousand dollars in any one year.

Section 9. The members of any mosquito control commission es-
tablished under the permissive provisions of this act shall receive no
salary for their services as such, but shall receive necessary expenses
while actually in discharge of their duties, to be paid out of the funds
under the control of such commission; provided, however, that if any
member shall be appointed secretary for his commission he may be
paid, and shall be entitled to receive, such compensation as the
commission may determine.

2. Be it further enacted by the General Assembly of Virginia,
That chapter four hundred and sixty-four of the Acts of the General
Assembly of Virginia of nineteen hundred and thirty, approved
March twenty-seventh, nineteen hundred and thirty, relating to the
establishment of mosquito control districts, be, and the same is
hereby, repealed. _