CHAPTER 217

AN ACT to amend and reenact § 26 of Chapter 809 of the Acts
of Assembly of 1920, approved March 19, 1920, which pro-
vided a charter for the city of Bristol, the section relating
to the city treasurer of the city; and to amend said act by
adding a new section numbered 4-a, conferring power on
the city of Bristol to require connection with the sewerage
system and to wmpose and collect fees, rents and charges
for water and sewer services.

fH 140 ]

Approved March 15, 1950

Be it enacted by the General Assembly of Virginia:

That section twenty-six of Chapter three hundred nine of
the Acts of Assembly of nineteen hundred twenty, approved
March nineteenth, nineteen hundred twenty, be amended and
reenacted and that the said chapter be amended by adding a
new section numbered 4-a, the new and amended section being
as follows:

§.4-a. Notwithstanding the provisions of paragraph
twelve of section four of this act, the city shall have power to
require the owner, tenant or occupant of each lot or parcel of
land which abuts upon a street or other public way which con-
tains a sanitary sewer and upon which lot or parcel of land a
building exists for residential, commercial or industrial use, to
connect such building with such santtary sewer and to cease to
use any other means for the disposal of sewage, sewage waste
or other polluting matters, and to fiz, charge, and collect rates,
fees, rents or other charges for water, for the use and services
of the sewage disposal system and for other public utilities or
services, products, or conveniences, operated, rendered or fur-
nished by this city. Such fees, rents or other charges for water
and for the use and services of the sewage disposal system may
be charged and collected from the owner or lessee or tenant, or
some or all of them, who or which owns, uses or occupies any
real estate which directly or indirectly is or has been connected
with the water system and/or the sewage disposal system, or
from or on which originates or has originated sewage or indus-
trial wastes, or either, which directly or indirectly have entered
or will enter the sewage disposal system, and the owner or
lessee or tenant of any such real estate shall pay to the city such
fees, rents and charges at the time and place where the same
are due and payable.

Such fees, rents and charges for water and for use and
services of the sewage disposal system, being in the nature of
use or service charges, shall, as nearly as the city council shall
deem practicable and equitable, be uniform for the same type,
class and amount of water used and/or use or service of the
sewage disposal system, and may be based or computed either
on the consumption of water on or in connection with the real
estate, making due allowances for the commercial use of water,
or on the number and kind of water outlets on or in connection
with the real estate, or on the number and kind of plumbing or
sewage fixtures or facilities on or in connection with the real
estate, or on the average number of persons residing or working
on or otherwise connected or identified with the real estate, or
on any other factors determining the type, class and amount of
water used and/or the type, class and amount of use or service
of the sewage disposal system, or on any combination of such
factors, or on such other basis or bases as the city council may
determine. Such fees, rents and charges shall be due and payable
at such time or times as the city council may determine. The
revenue derived from any or all such fees, rents and charges
for furnishing water tis hereby declared to be revenue of the
city water system and the revenue derived from any or all such
fees, rents and charges for the use and services of the sewage
disposal system is hereby declared to be revenue of the sewage
disposal system.

The city council shall have the right and power to combine
charges for water and sewer service in one statement and to bill
the beneficiary of such services therefor in such manner as to
require the payment of both charges as a unit and to enforce
the payment of such charges by discontinuing either the water
service or the sewer service, or both. In the event the fees, rents
or charges charged for furnishing water and/or for the use and
services of the sewage disposal system by or in connection with
any real estate shall not be paid when due, a penalty shall at that
time begin to accrue thereon at the rate of one per centum per
month, and the owner, lessee or tenant, as the case may be, of
such real estate shall until such fees, rents and charges for the
same be paid with such penalty to the date of payment, cease
to use water and/or cease to dispose of sewage or industrial
waste originating from or on such real estate by discharge
thereof directly or indirectly into the sewage disposal system,
and if such owner, lessee or tenant shall not cease such use of
water and/or such disposal of sewage within thirty days there-
after, the city or person or corporation supplying the water for
the use of such real estate shall cease supplying water thereto.
When the water for the use of such real estate has been shut off
as above provided, it shall not be turned on again unless and
until the delinquent charges together with the penalty as afore-
said and a reasonable service charge, to be fixd by the city
council, for shutting it off and turning it on again, have been
paid.

Such fees, rents and charges and penalty thereon may be
recovered by the city of Bristol, by action at law or suit in
equity.

The city council may designate the city treasurer as the
collector and custodian of all fees, rents and charges payable and
paid to the city for services furnished by the city as set forth
in this section; or the city council may designate some other
person or persons as such collector or collectors and custodian
or custodians, provided that any person or persons so desig-
nated and appointed shall keep a correct account of all such
receipts and expenditures therefrom and shall take the oath of
office and give bond as required by sections fifty-seven and fifty-
eight of this charter.

§ 26. The city treasurer.—(a) The city treasurer shall,
except as otherwise provided in this charter, be the disbursing
agent of the city and have the custody of all monies, the city
clerk’s bond and all evidences of value belonging to the city or
held in trust by the city.

(b) He shall, except as otherwise provided in the charter,
receive all monies belonging to and received by the city and keep
a correct account of all receipts and expenditures. He shall,
except as otherwise provided in this charter, collect all taxes,
assessments, * and all other charges payable to and belonging
to the city, and for that purpose be vested with * all duties and
powers which are now or hereafter may be vested * by law
in such city treasurer.*

(c) He shall pay no money out of the treasury except in
the manner prescribed in this charter.

(d) He shall keep and deposit all monies or funds in such
manner and only in such places as may be determined by ordi-
nance or by the provisions of any law applicable thereto.

(e) He shall be subject to the supervision of the director of
finance and shall perform such other duties not inconsistent with
his office, have such powers and be liable to such penalties as
are now or may hereafter be prescribed by law or ordinance.

(f) He shall make all such reports and perform such other
duties not inconsistent with his office as may be required by the
director of finance or by ordinance or resolution of the council.

(g) The said, treasurer shall not be entitled to any com-
mission whatsoever, for handling the orders of the court, releas-
ing the erroneous assessment on either real or personal prop-
erty, and any attempt by said treasurer to charge a commission
on said release orders of court shall subject him to the fine
herein provided, and removal from office.

(h) The said treasurer in his annual settlements with the
city shall present to the council his account with the auditor of
the State, so that it may determine what amount of compensa-
tion the State has paid him.

(i) Unless otherwise provided by this charter, no money
shall be paid into the treasury, nor shall the treasurer receive
any money except upon the presentation of a proper form
authorizing such payment and receipt, which form shall show
the source and amount of such money, and shall be signed by
some authorized officer of the city, and either signed or counter-
signed by the auditor, or the form so signed shall be issued by
the auditor in such manner as to enable him tc keep an absolute
check upon the officer or officers signing same and the treas-
urer, and the auditor shall keep a record thereof; and no license,
permit or other authorization for which the party receiving
same is required to pay money to the city shall be valid unless
and until the treasurer receipts the same, giving the amount and
date of such receipt.