CHAPTER 444

AN ACT to amend § 19 of Chapter 225 of the Acts of Assembly of
1934, approved March 27, 1934, as amended, which provided
in the charter for the construction, maintenance and operation
of publicly owned water works or sewerage by the town of

Independence.
[(S 359]

Approved April 6, 1950
Be it enacted by the General Assembly of Virginia:

1. That § 19 of Chapter 225 of the Acts of Assembly of 1934, ap-
proved March 27, 1934, as amended, be amended and reenacted as
follows:

§ 19. For the purpose of constructing, maintaining and oper-
ating any system of publicly owned water works or sewerage in
the town of Independence, there shall be established a board com-
posed of three citizens, which board shall be known as the water
commission for the town of Independence.

The said water commission shall have power:

(a) To acquire by purchase, lease or condemnation such real
and personal property as may be necessary for carrying out the
provisions of this section.

(b) To establish rules and regulations governing the operation
of such system or systems.

(c) With the approval of the council, and for the purpose of
carrying out the provisions of this section, to borrow an amount
or amounts not exceeding * one hundred and fifty thousand dollars
for which the said water commission shall issue its obligations
payable out of the funds to be derived as provided for herein; and,
with the approval of the council, to pledge as security for such
loan or loans such of the receipts to be derived from the use of
such system or systems as may be agreed upon between the lender
or lenders and the water commission and council, and in addition
thereto to give as security for such loan or loans a deed of trust
or other encumbrance On any such system or systems or any part
thereof. .

(d) To provide for the disbursement and accounting of all
moneys received by it from any source whatever.

Vacancies in the membership of the said commission shall be
filled by the council. The said commission shall make a full re-
port of its activities to the town council within sixty days after
the close of every fiscal year.

Whenever not less than sixty per centum of the citizens of the
town of Independence (which citizens shall represent not less than
sixty per centum of the assessed valuation of all real estate in
said town) shall by signed petition, properly acknowledged before
a notary public, or other officer authorized to take acknowledg-
ments, request the town council to establish a water or sewer
system, or both, within the said town, the said water commission
shall be charged with the duty of constructing, maintaining and
operating such system or systems as may in the judgment of the
said water commission be desirable and necessary, provided that
all funds required for the construction, maintenance and opera-
tion of such system or systems be furnished by the citizens of the
town to be served by it, or be otherwise provided, without obliga-
tion or liability upon citizens, taxpayers, and property owners not
benefited thereby. .

The town council is hereby authorized and empowered, in so
far as not prohibited by the Constitution of the State to make and
assess charges and rentals for the use of such water or sewerage
systems, or both, to make assessments for the use of such water or
sewerage systems or both a lien on the real estate served thereby,
and provide for the collection of such charges and rentals and
turning over of the same to the water commission. The council
may require each of the members of the water commission to give
a bond in such penalty and with such security as may be fixed
by the council, conditioned upon the faithful performance of his
duties.

* In October of each year prior to the expiration of the term
of any member of said water commission, the town council shall.
elect as a successor to such member a citizen and taxpayer of the
said town, and the person so elected shall serve for a period of
three years from January first succeeding, or until his successor
is elected and qualified. The present members of the water com-
mission shall continue in office until the expiration of their terms
of office, or until their successors are duly elected and qualified.

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