CHAPTER 691

An Act to amend and reenact § 8-b of Chapter 161 of the Acts of Assem-
bly of 1926, approved March 17, 1926, which was continued tn effect
by § 21-120 of the Code of Virginia, relating to sanitary districts in
certain counties, so as to grant certain powers to counties taking over
sewerage systems.

(H 741)

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

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

§ 8-b. The board of supervisors or other governing body of such
county, acting for and on behalf of any sanitary district therein, shall
have the power and is hereby authorized to transfer any sewerage system
heretofore or hereafter acquired or constructed for the use and benefit of
the public in such sanitary district to the board of supervisors or other
governing body of such county in which such district is situate for the
use and benefit not only of the residents of such sanitary district but also
for the use and benefit of the residents of such county as an integral part
of a comprehensive county integrated sewerage system.

The board of supervisors or other governing body of such county may,
after public hearing as hereinafter provided, adopt an ordinance provid-
ing for the transfer of any sewerage system as aforesaid, which ordinance
shall contain a finding, determination and declaration by the board of
supervisors or other governing body of such county that:

(a) The transfer of the sewerage system of the sanitary district as
above provided is necessary in order to provide more adequate sewerage
facilities for the use and benefit of the residents of the sanitary district
and is in the public interest and is for the general welfare not only of the
residents of the sanitary district but also for the residents of such county;
CH. 691] ACTS OF ASSEMBLY 1047

(by Provision has been made or will be made for the payment to the
creditors of the sanitary district of an amount sufficient to pay and dis-
charge any and all outstanding indebtedness and the liabilities of such
sanitary district with respect to such sewerage system, including any
bonds or notes issued for the purpose of financing the acquisition, con-
struction, improvement, extension or enlargement of the sewerage system
of such sanitary district, together with all lawful interest on such indebted-
ness and liabilities and all redemption premiums which may be payable
in order to redeem any outstanding bonds issued for any such purpose;

(c) A public hearing has been held by said board of supervisors or
other governing body of such county, after due and proper notice thereof,
at which all interested persons were given an opportunity to be heard with
respect to the adoption of such ordinance and the transfer of such sewer-
age system as provided in such ordinance;

No such ordinance shall be adopted unless notice of intention of the
board of supervisors or other governing body of such county to adopt such
ordinance shall have been published once a week for two successive weeks
prior to the proposed date of adoption of such ordinance in a newspaper
published in or having a general circulation in the county, and such notice
of intention shall have been posted at not less than ten public places in
such sanitary district at least ten days before the proposed date of adop-
tion of such ordinance. Such notice of intention shall set out the date,
time and place at‘which a public hearing is to be held with respect to the
adoption of such ordinance and the transfer of such sewerage system.

Such ordinance shall not become effective until it shall have been
published once a week for two successive weeks after adoption in a news-
paper as aforesaid and until the entry of an order by the circuit court of
such county upon petition of the board of supervisors or other governing
body of such county requesting the entry of an order that such ordinance
has been adopted as provided in this section, and that provision has been
made or will be made for the payment to the creditors of the sanitary
district of an amount sufficient to pay and discharge any and all outstand-
ing indebtedness and the liabilities of such sanitary district with respect
to such sewerage system, including any bonds or notes issued for the
purpose of financing the acquisition, construction, improvement, exten-
sion or enlargement of the sewerage system of such sanitary district,
together with all lawful interest on such indebtedness and liabilities and
all redemption premiums which may be payable in order to redeem any
outstanding bonds or other obligations issued for any such purpose and
setting out the date or terms upon which the transfer of such sewerage
system as aforesaid shall become effective. Such order shall provide that
such transfer shall not be effective until all of the outstanding indebted-
ness and liabilities of such sanitary district, with respect to such sewerage
system have been paid or provision has been made for the payment
thereof. Such order shall further provide for the equitable and proper
disposition of the funds on hand to the credit of the sanitary district with
respect to such sewerage system. A duly ‘certified copy of such order of
the circuit court of such county shall be filed forthwith in the principal
office of the State Water Control] Board and in the office of the clerk of
the board of supervisors or other governing body of such county.

Unless a suit, action or proceeding is pending in any court of compe-
tent jurisdiction within thirty days after the date of entry of such order
of the circuit court of such county, the transfer of such sewerage system
shall come into full force and shall be fully effective upon the date of
transfer or time of compliance with the terms of transfer as fixed in said
order. If a suit, action or proceeding has been brought in any such court
within said thirty days, the transfer of such sewerage system shall come
into full force and shall be fully effective on such date or time of com-
1048 ACTS OF ASSEMBLY [va., 1956

pliance with the terms of transfer as may be fixed in any final order or
decree of such court upholding the validity of such order or ordinance or
date or terms of transfer.

Upon the date or time when such transfer shall come into full force
and shall be fully effective, the existing sewerage system of any suc
sanitary district, together with all property both real and personal and
all rights therein and thereto, all contracts, including any contracts be-
tween such sanitary district and any other sanitary district, person, firm,
corporation, county, city, town or authority for and with respect to the
use of services or facilities of or by such sewerage system, and all books,
maps, papers, records, files, accounts, reports and equipment of any nature
whatsoever pertaining or relating to the design, construction, operation,
services and affairs of the existing sewerage system or proposed improve-
ments thereto or extensions thereof shall be in the possession of, pass to,
be assumed by and be under the jurisdiction, control and supervision and
inure to the benefit of the board of supervisors or other governing body
of such county dedicated to the use and benefit of the residents of the
county.

Unless within thirty days after the date of entry of the aforesaid
order of the circuit court, a suit, action or proceeding is brought in a
court of competent jurisdiction questioning such order or the validity of
such ordinance, no suit, action or proceeding may thereafter be brought
questioning such order of the circuit court or such ordinance or the trans-
fer of such sewerage system or the regularity or legality of publications,
notices or any other proceeding taken in connection with or pursuant to
such order or ordinance or the transfer of such sewerage system and no
court shall have authority to inquire into such matters and no suit, action
‘or proceeding shall thereafter be instituted with respect thereto.

Any county in which the sewerage system of any sanitary district
therein is transferred to the county as prescribed in this section shall
succeed to and have all of the powers and rights with respect to such
sewerage systems that are granted to such sanitary districts under the
provisions of this chapter, provided that the county shall not succeed to
or have any special taxing power granted to such sanitary district.