CHAPTER 198

AN ACT to amend and reenact §§ 3 and 12-a, as amended, of
Chapter 161 of the Acts of Assembly of 1926, approved
March 17, 1926, which chapter was continued in effect by
§ 21-120 of the Code of Virginia, relating to sanitary dis-
tricts in certain counties so as to authorize the provisions

of motor vehicle parking lots in traffic congested areas.
{[ H 248 ]

Approved March 14, 1950

Be it enacted by the Genera] Assembly of Virginia:

1. That §§ 3 and 12-a, as amended, of Chapter 161 of the Acts
of Assembly of 1926, approved March 17, 1926, which chapter
was continued in effect by § 21-120 of the Code of Virginia, be
amended and reenacted as follows:

§ 8. After the entry of such order creating a sanitary
district of such county, the board of supervisors thereof shall
have the following powers and duties, subject to the conditions
and limitations hereinafter prescribed :

(a) To construct, reconstruct, maintain, alter, improve,
add to and to operate motor vehicle parking lots, water supply,
drainage, sewerage, garbage disposal, heat, light, power, gas,
sidewalks and fire fighting systems, for the use and benefit of
the public in such sanitary district, and as to said motor vehicle
parking lots system to make such charges for the use of such
facilities as may be prescribed by the board.

(a-1) To acquire, maintain and operate, within such sani-
tary district, such community buildings and other recreational
facilities as the board may deem expedient or advisable, and to
make such charges for the use of such facilities as may be pre-
scribed by the board.

(b) To acquire by gift, condemnation, purchase, lease or
otherwise and to maintain and operate any such motor vehicle
parking lots, water supply, drainage, sewerage, garbage dis-
posal, heat, light and power and gas and sidewalks and fire-
fighting systems in such district.

(c) To contract with any person, firm, corporation, muni-
cipality or the Federal government or any agency thereof to
acquire, construct, reconstruct, maintain, alter, improve, add
to and operate any such motor vehicle parking lots, water sup-
ply, drainage, sewerage, garbage removal and disposal, heat,
light, power, gas, sidewalk and fire-fighting systems in such dis-
trict, and to accept the funds of, or to reimburse from any
available source, such person, firm, corporation, municipality
or the Federal government or any agency thereof for either the
whole or any part of the costs, expenses and charges incident to
the acquisition, construction, reconstruction, maintenance, al-
teration, improvement, addition to and operation of any such
system or systems.

(d) To require owners or tenants of any property in the
district to connect with any such system or systems, and to con-
tract with the owner or tenants for such connections. In order
to require owners or tenants of any property in the district to
connect with any such system or systems, the board of super-
visors shall have power and authority to adopt ordinances so
requiring owners or tenants to connect with such systems, and
to use the same, and the board of supervisors shall have power
to provide for a punishment in the ordinance of not exceeding a
fifty dollar fine for each failure and refusal] to so connect with
such systems, or to use the same. Before adopting any such
ordinance the board of supervisors shall give public notice of
the intention to propose the same for passage by posting hand
bill notices of such proposal in three or more public places in
the sanitary district at least ten days prior to the time the
ordinance shall be: proposed for passage. The ordinance shall
not become effective after its passage until ten days like notice
has been given by posting copies of such ordinance in three or
more public places in the district. Violations of such ordinances
shall be tried before the trial justice court of the county as is
provided for trial of misdemeanors, and with like right of
appeal.

(e) To fix and prescribe the rates of charge for the use of
any such system or systems and to provide for the collection of
such charges. And to enable the board to enforce the collection
of charges for the use of any such systems against the person
or persons, firm or corporation using the same, the charges
when made for the use of any such system shall be collectible by
distress, levy, garnishment, attachment or otherwise without
recourse to court procedure, except so far as the selected pro-
cedure may require the same. And the board shall have power
to designate as its agent for the purpose of collection such
officer or officers, person or persons as it may determine, and
the officer or officers, person or persons shall be vested with the
same power and authority as a sheriff or constable may have
in like procedure.

(f) To employ and fix the compensation of any technical,
clerical, or other force and help which from time to time, in
their judgment, may be deemed necessary for the construction,
operation or maintenance of any such system or systems.

(zg) To negotiate and contract with any person, firm, cor-
poration, or municipality with regard to the connection of any
system or systems with any other system or systems, now in
operation or hereafter to be established, and with regard to any
other matter necessary and proper for the construction or opera-
tion and maintenance of any such system within the sanitary
district.

(h) To contract for the extension of any such system into
territory outside of the district, and for the use thereof, upon
such terms and conditions as the board may from time to time
determine upon.

(4) With respect to the maintenance and operation of said
motor vehicle parking lots system, the board is authorized to
purchase, install, maintain and operate, and to fix and charge
parking meter fees for the use of, such parking lot or lots.

§ 12-a. In any county in which a sanitary district has
been created, or is hereafter created under this act, the gov-
erning body of such county may, if it deems it necessary, form
any thickly populated area or any traffic congested business
area or areas within such sanitary district into a smaller dis-
trict, hereinafter referred to as ‘“‘small district”, and furnish to
the same public utilities as provided in section three hereof,
and allocate to such “small district’? such sum or sums of money
from the sanitary district bond issue, or issues, as are, in their
judgment, necessary for the construction of public utilities
within the “small district” so formed.

All of the property subject to local taxation within the
“small district” shall be primarily obligated for the payment of
the interest and principal on that part of the bonded indebted-
ness of the sanitary district as is equal to that part of the pro-
ceeds therefrom which have been allocated for use within the
“small district”, and the governing body of the county shall, in
the event that the net revenue from the operation of the public
utilities is not sufficient to pay the interest and to create a sink-
ing fund to liquidate the amount so allocated, levy an annual tax
on all of the property, subject to local taxation in the “small
district”, to pay such interest and to make payments into the
sinking fund. But nothing in this act shall be construed to ex-
empt the sanitary district, and the property subject to local
taxation therein, from its obligation under and by reason of
such sanitary district bond issue or issues. Provided that in
any county having an area of more than forty-five and less than
sixty square miles, such small districts may be created within a
sanitary district in the same manner that sanitary districts are
created under the foregoing provisions of this section, and when
so created shall have all the powers and be subject to all the ob-
ligations herein conferred and imposed upon sanitary districts.

In lieu of allocating such sum or sums from the sanitary
district bond issue or issues, as hereinbefore provided, the gov-
erning body, in order to raise the necessary funds to furnish
public utilities to such “small districts”, shall have the power,
subject to the conditions and limitations of sections four to
twelve, both inclusive, of * this act, to issue bonds of the ‘‘small
district” to an amount in the aggregate of not exceeding eight-
een per centum of the assessed value of all real estate in the
“small district’? subject to local taxation and it is further de-
clared that whenever this paragraph is utilized the words “small
district” and ‘district’? appearing in sections four to twelve, both
inclusive, of * this act, shall be construed to mean “small dis-
trict” as referred to in this paragraph.