Chap. 353.—An ACT to amend the act entitled “An act to provide for better
sanitation in and around Hampton Roads; to provide for and create the
Hampton Roads Sanitation District, in which shall function the Hampton
Roads Sanitation Commission, and other sanitation districts and commissions
in said area; to declare the necessity therefor and benefits thereof; to pro-
vide the boundaries of said districts; to appropriate $50,000.00 for each year
of the biennium beginning July first, nineteen hundred and forty to the Hamp-
ton Roads Sanitation Commission for the purpose of carrying out the provisions
of law applicable thereto and paying obligations of the Hampton Roads Sewage
Disposal Commission; and to repeal an act approved March twenty-seventh,
nineteen hundred and thirty-four, and an act approved March twenty-seventh,
nineteen hundred and thirty-six, as amended, both with respect to Hampton
Roads Sewage Disposal Commission, and an act approved March thirty-first,
nineteen hundred and thirty-eight, with respect to Hampton Roads Sanitation
District” approved April 1, 1940, by adding thereto a new section, to be
numbered 4-b, in relation to the addition to the Hampton Roads Sanitation
District of the territory of certain cities or counties. [fH B 431)

Approved March 27, 1946

Be it enacted by the General Assembly of Virginia:

1. That the act entitled “An act to provide for better sanitation in
and around Hampton Roads; to provide for and create the Hampton
Roads Sanitation District, in which shall function the Hampton Roads
Sanitation Commission, and other sanitation districts and commissions in
said area; to declare the necessity therefor and benefits thereof; to pro-
vide the boundaries of said districts ; to appropriate fifty thousand dollars
($50,000.00) for each year of the biennium beginning July first, nineteen
hundred and forty to the Hampton Roads Sanitation Commission for the
purpose of carrying out the provisions of law applicable thereto and pay-
ing obligations of the Hampton Roads Sewage Disposal Commission ;
and to repeal an act approved March twenty-seventh, nineteen hundred
and thirty-four, and an act approved March twenty-seventh, nineteen
hundred and thirty-six, as amended, both with respect to Hampton Roads
Sewage Disposal Commission, and an act approved March thirty-first,
nineteen hundred and thirty-eight, with respect to Hampton Roads Sani-
tation District’? approved April one, nineteen hundred forty, be amended
by adding thereto a new section, numbered four-b, which new section
shall read as follows:

Section 4-b. Re-admissions to Hampton Roads Sanitation District.
—(a) Any county or city, or part thereof, which shall withdraw or shall
have withdrawn from the Hampton Roads Sanitation District in accord-
ance with the provisions of the Sanitation Districts Law of Nineteen
Hundred and Thirty-Eight and which is continguous to said District
and which is not within the territorial limits of any other sanitation dis-
trict created or functioning pursuant to said law may, under the condi-
tions and upon the taking and completion of the proceedings provided
in this section and if such addition be first approved by the commission
of said District, be added to and become a part of said District.

(b) Upon the presentation of a petition complying with the require-
ments of this section, praying for addition to said District of such a coun-
ty or city, or part thereof (in this section called the “adjoining territory”),
fixing the boundaries of the adjoining territory and naming the county or
city in whole or ir part embraced therein, the circuit court of any such
county or the corporation court of any such city, if the court shall be
satisfied that the allegations of the petition are true and that the petition
conforms to the provisions of this section, shall make an order determining
such matters and requiring the opening of a poll and the taking of the
sense of the qualified voters of the adjoining territory in accordance with
this section on the question of such addition. If the court shall not be
satisfied that the allegations of the petition are true and that the petition
conforms to the provisions of this section, it shall make an order denying
and dismissing the petition.

(c) Every such petition shall pray for the addition to said District
of the adjoining territory, shall fix the boundaries of the adjoining ter-
ritory, shall name the county or city in whole or in part embraced there-
in, and shall contain an allegation (1) that no part of the adjoining ter-
ritory is within the territorial limits of any other sanitation district, (2)
that the adjoining territory is contiguous to said District, (3) that the
addition to said District of the adjoining territory has been approved by
resolution of the commission of said District duly adopted, and (4) that
the petition has been approved and the prayer thereof authorized by the
county or city in whole or in part embraced within the adjoining terri-
tory, expressed by resolution adopted by the vote of a majority of the
governing body thereof. Every such petition shall be signed by or on
behalf of the said county or city in whole or in part embraced within the
adjoining territory.

(d) The question submitted at any election ordered pursuant to this
section shall be “Do you favor the addition of territory in the
Sena ues ne wpe anorahas San sae ow nk=aeane nara ee (inserting name or description
of the county or city in whole or in part embraced within the adjoining
territory, as stated in the said petition) to the Hampton Roads Sanitation
District?” or, if the commission of said District shall have theretofore
become empowered to issue bonds in accordance with the Sanitation Dis-
tricts Law of Nineteen hundred and Thirty-Eight, “Do you favor the
594 ACTS OF ASSEMBLY [va., 1946

addition of territory in the ...0.0............cscccscsessseceececcesncecesseccenecccesseccacecees (in-
serting name or description of the county or city in whole or in part em-
braced within the adjoining territory, as stated in the said petition) to
the. Hampton Roads Sanitation District, thereby contracting for such
territory, as a part of said District, debt with respect to the bonds of said
District heretofore authorized in the amount of §......................- (inserting
the aggregate amount of bonds which the commission of said District
has theretofore become empowered to issue, whether or not then out-
standing) ©’. If upon the certification of the result of the said election
made by the Secretary of the Commonwealth to the court ordering the
same, it shall appear that a majority of the qualified voters of the adjoin-
ing territory voting at the said election shall have voted “yes” and in
favor of such addition, the court shall make and enter of record an order
stating such result, and thereupon and thereafter the adjoining territory
shall be and constitute an undivided and integral part of said District for
all the purposes of this act and of the Sanitation Districts Law of Nine-
teen Hundred and Thirty-Eight.

(e) The board of supervisors, board of county commissioners,
council or other local legislative body, board, commission or other legisla-
tive authority (in this section called “governing body”) having charge of
the finances of any county or city is hereby authorized and empowered,
in its discretion, to adopt a resolution, as above referred to, approving
and authorizing the prayer of a petition for the addition to said District of
an adjoining territory embracing territory within such county or city.

(f£) Every order made pursuant to this section requiring the opening
of a poll and the taking of the sense of the qualified voters of any adjoin-
ing territory on a question shall designate the question and a date for
holding such election not less than thirty days from the date of such or-
der, and may be directed as writs of election are directed for an election
district, or to fill a vacancy in the General Assembly or in Congress. It
shall be the duty of the regular election officers of the county or city in
whole or in part embraced within the adjoining territory to cause to be
printed and distributed in the manner prescribed by law for printing and
distributing other ballots the proper number of ballots which shall be
separate from any other ballots. Said ballots shall set forth the question
designated 1n such order and shall be in substantially the following form:

“(Here shall appear the question designated in the order)

O YES

O NO

To vote “Yes” on the question, place a checkmark (\/) or cross
(++ or X) in the space opposite the word “Yes”; to vote ‘“‘No” on the
question, place a checkmark (\/) or cross (-+ or X) in the space op-
posite the word “No.”

Said regular election officers, at the time designated in such order,
shall open the polls at the various voting places in the adjoining territory
and at any other voting places at which any qualified voter of the adjoin-
ing territory is entitled to vote, and shall conduct such election and close
the polls in such manner as is provided by law in other elections. The
ballots shall be counted, and returns made and announced and the re-
sults ascertained and made known as in other elections, and the results
certified by the commissioners of election to the Secretary of the Com-
monwealth, all in such manner as to show the respective numbers of af-
firmative and negative votes cast at said election. The Secretary of the
Commonwealth shall record and tabulate the reports of the commissioners
of election and shall certify the result of the said election to the court
which made the order authorizing and requiring such election.

2. An emergency exists and this act is in force from its passage.