Chap. 486.—An ACT to create a sanitary district of Alexandria county; pro-
viding for water and sewerage districts. ([H B 293)

Approved March 25, 1920.

1. Be it enacted by the general assembly of Virginia, That the
territory now composing that sub-division of the Commonwealth of
Virginia known as Alexandria county be, and the same is, hereby
designated for the purposes hereinafter set forth as “Arlington sani-
tary district.”

Sec. 2. The investigations for such public improvements as water
works, sewers, drainage, sidewalks, police and fire protection, power
and lighting system and mosquito eradication in said district shall be
under the jurisdiction of the board of supervisors of Alexandria
county. They may employ and fix the compensation of a chief engi-
neer, and such engineering, clerical and other force and help as from
time to time in their judgment may be deemed necessary.

Sec. 3. The board of supervisors shall cause the required surveys
to be made and to divide the said sanitary district into water and
sewerage districts, and to designate the same. It shall thereupon pro-
ceed to have field investigations, studies, plats, plans, diagrams, esti-
mates and specifications made for the water supply and sewerage of
all such districts as may need the same, and shall determine the ap-
proximate cost thereof for each of said districts and shall make such
investigations as to drainage, sidewalks, police and fire protection,
power and lighting systems and mosquito eradication as, in the judg-
ment of said board may be deemed necessary or expedient.

Sec. 4. The chief engineer shall present to the board ot super-
visors on or before the first day of December, nineteen hundred and
twenty, and annually thereafter, a detailed report covering its activi-
ties, setting forth the best means of proceeding with the construction
and operation of the water supply and sewerage systems proposed for
the sanitary district and for the several water and sewerage districts
thereof, and any other matters within the jurisdiction of said board.

Sec. 5. The said board shall be charged with the duty of explain-
ing to the public the advantage and necessity of constructing compre-
hensive water supply and sewerage systems within the sanitary dis-
trict, and shall hold public hearings whenever they deem it necessarv
for the discussion of ordinances and legislation to be proposed in
connection therewith, or in connection with any matters within the
jurisdiction of said board.

Sec. 6. The said board shall have full power and authority to
negotiate and contract with the proper authorities of the District of
Columbia and of the United States with regard to the connection of
the proposed water system of any one or more water and sewerage
districts of the sanitary district with those of the District of Columbia,
and of the United States, and with regard to any other matter neces-
sary for the proper construction or operation of the water and sewer-
age systems of the sanitary district.

Sec. 7. For the purpose of providing for the prosecution of its
preliminary investigations and surveys, the preparation of necessary
maps, plans and specifications, and for the doing of all other things
that may be required by this act, the board of supervisors shall, from
time to time, as in its judgment may appear necessary, expend out
of the county fund an amount not exceeding ten thousand dollars
annually to be provided for in the regular annual levy. For the pur-
pose of providing funds for the immediate prosecution of the work,
the board of supervisors may expend on or before July first, nineteen
hundred and twenty, one thousand dollars, out of the county fund,
said amount to be deducted and retained out of the regular levy to be
made as above provided.

Sec. 8. The said board, after it has divided the Arlington sanitary
district into water and sewerage districts and designated the same,
as provided by section three of this act, shall for the purpose of ob-
taining money to be expended in the construction of public works in
the sanitary district and in the several water and sewerage districts
thereof, have power, if authorized by an election to be held as herein-
after provided, to issue the bonds of the county for such sum as to
the said board may seem proper.

Sec. 9. The circuit court of the county, upon the petition of a
majority of the board of supervisors of said county, or upon petition
of fifty qualified voters of any one or more water and sewerage dis-
tricts which have been designated, as aforesaid, shall make an order
requiring the judges of election, at the next election of county officers,
or at any other time not less than thirty days from the date of such
order, which shall be designated therein, to open a poll and take the
sense of the qualified voters of the said water and sewerage district
or districts on the question whether the board of supervisors shall
issue bonds for the purposes set forth in said petition; a general de-
scription of the works proposed to be constructed to be named in the
order. But no election shall be ordered until after the court has been
assured by the said board that the amount of bonds proposed to be
issued will be approximately sufficient to construct the public works
set out in the order, the estimated cost of which to be set out in the
order of the court, for expenditure solely in the construction of said
public works. The said order shall designate the water and sewerage
district or districts in which said public improvements are to be con-
structed and the maximum amount of bonds to be issued. The quali-
fied voters at any election held under this act shall be all persons ir
said water and sewerage district or districts qualified to vote under
the general laws of this State.

Sec. 10. The regular election officers of said county in and for
the precincts in which the water and sewerage district or districts or
a greater part thereof are located, at the time designated in the order
authorizing the vote, shall open the polls at the regular voting places
in said water and sewerage district or districts, and shall conduct such
election and close the polls in such manner as is provided by law in
other elections, and at said election, each qualified voter who shall
approve such issue of bonds shall deposit a ballot on which shall be
printed the words “for bond issue,” and each qualified voter who shall
oppose such issue of bonds shall deposit a ballot whereon shall be
printed the words “against bond issue.” The judges of election at the
several voting places shall immediately after the closing of the polls
count the ballots deposited, and shall make return thereof as is pro-
vided in other elections. Said ballots shall be printed and furnished
by the regular election officers.

Sec. 11. The commissioners of election of said county shall,
within two days after the judges of election have made return of the
poll books and ballots as aforesaid, meet at the office of the county
clerk, and, having taken an oath before him faithfully to discharge
their duties, canvass the returns and certify the results thereof to the
circuit court. |

Sec. 12. If it shall appear by the report of the commissioners of
election that a majority of the qualified voters of the water and sewer-
age district or districts in which the public improvements are to be
constructed, voting on the question, are in favor of issuing the bonds
for the purposes aforesaid, the circuit court shall, at its next term,
enter of record an order requiring the supervisors of the county to
proceed at their next meeting to carry out the wishes of the voters as
expressed at the said election.

Sec. 13. Whenever the sense of the qualified voters of any water
and sewerage district or districts shall be taken on the question,
whether the board of supervisors of said county shall issue bonds for
the purpose aforesaid, the said election and returns shall be subject
to the inquiry, determination and judgment of the circuit court of the
county in which said election was held, upon the written complaint of
fifteen or more of the qualified voters of such county, of an undue
election or of false returns, two of whom shall take an oath that
facts set forth in said complaint are true to the best of their knowl-
edge and belief, and the court shall, in judging of such election and
returns, proceed upon the merits thereof and determine concerning the
same according to the Constitution and laws of this State, but such
complaint shall not be valid unless it shall have been filed within
thirty days after said election in the clerk’s office of the said circuit
court. The said board shall be made a defendant by summons or notice
to its chairman of the filing of the complaint, and after such service
of notice on the chairman of the said board, either party, upon rea-
sonable notice to the other, shall be at liberty to take ‘depositions to
sustain or invalidate such election. Service of notice on any three
of the complainants shall be sufficient. The court shall proceed at its
next term after such service of summons or notice to determine the
contest without a jury on the evidence, oral or written, unless good
cause be shown for a continuance, and shall make a proper record of
its judgment. If the judgment be that the election is a valid one in
favor of the issuing of bonds for the public improvements in said
water and sewerage district or districts, the court shall make an order
in conformity with the preceding section. |

Sec. 14. The said board shall determine what amount of bonds
for said public improvements in said water and. sewerage district, not
exceeding the maximum aforesaid, shall presently. be issued, and shall
enter of record the amount so determined, and, in event they do not
at that time direct the present issuing of all the said bonds, they may
thereafter, from time to time, direct the residue thereof to be issued
to carry out the wishes of the voters, so far as necessary, as expressed
in such election, and in event the board of supervisors for any reason,
fails or refuses to issue the bonds-so authorized to be issued, the circuit
court of the county may, upon the complaint of ten qualified voters of
the water and sewerage district or districts and after ten days notice
to the chairman of the board, for cause shown, issue an order direct-
ing them to issue the said bonds or any unused residue thereof, or such
portion thereof as the court may, from time to time, deem proper to be
issued in order to enable the proper authorities to carry out the
wishes of the voters as expressed in said election. They shall have
power to appoint agent or agents to sell said bonds, provided that
said bonds shall be sold to be paid for in lawful money only, and shall
not be sold at a price that will net the county less than par value.
When such a sale of bonds has been negotiated, the board of super-
visors shall issue the same. Such bonds may be either registered or
with coupons attached as said board of supervisors may prescribe and
shall have written or printed in ink the following sentences: “These

bonds are issued for public works in ___--------_-_--_-- water and
sewerage district, but the full faith and credit of the entire county
of __---------------_----- is hereby pledged for their payment, and

a tax is to be levied upon the property in said districts to pay the in-
terest on them and to create a sinking fund sufficient in amount to
pay them upon maturity.” Such bonds shall be signed by the chair-
man of the board of supervisors and countersigned by the clerk thereof
under the seal of the board; shall be in denominations of one hundred
dollars or some multiple thereof; shall bear interest at a rate not ex-
ceeding six per centum per annum, payable semi-annually at the
office of the treasurer of said county and shall be payable not exceed-
ing thirty-four years from the date thereof at said office, but may in
the discretion of said board, be made redeemable at such time or
times after such period or periods and upon such notice as the said
board may prescribe and stipulate upon the face of the bonds when
issued. The board shall deliver them to the treasurer of the county.
who shall deliver said bonds to the purchasers thereof or their order
upon the payment of the price thereof. The said treasurer and hi:
sureties shall be liable for the amount received for said bonds a:
though it were a county levy and said funds shall be expended fot
the purposes and in the water and sewerage district for which it wa:
intended and none other. The said treasurer shall receive as com.
pensation for his services hereunder, one-fourth of one per centum o:
the amount thus coming into his hands, and also the reasonable cost
to him of giving surety on such additional bond as may be requirec
of him, if any, on account of his receipts of said funds, and the saic
board may direct the treasurer to deposit the proceeds of said bond
issue in such bank or banks as it may approve, to the credit of said
treasurer, to be paid out 6n his checks therefor, and at the rate of
interest to be specified, and all interest accrued therefrom shall be
accounted for by said treasurer and expended for the purposes ot said
public works, and in so far as not necessary for said public works.
shall be covered into the sinking fund for the payment of the princz-
pal of said bonds as provided in section fifteen.

Sec. 15. After issuing such bonds, or any of them, when the next
levy is laid or tax imposed in said county, a tax shall be levied on all
property liable to county or district tax in such water and sewerage
district or districts in which the proceeds of the bonds have been or
are to be expended to pay the interest on the bonds so issued. and to
create a sinking fund to redeem the principal thereof at maturity:
the amount levied and set apart as a sinking fund and the intcrest
accruing thereon shall be used for the payment of the principal of
said bonds, and for no other purpose.

Should for any reason the county in any way have to assume any
payment on account of said bond issue, either interest or principal.
it is hereby provided that the board of supervisors shall levy such tax
in said water and sewerage district or districts as may be necessary
to defray the amount assumed by the county, it being intended that
bonds to be issued under this act are county obligations, but pavable
primarily out of levies upon the property in the water and sewerage
district or districts where the proceeds of the bonds may be expended
hereunder.

The board of supervisors is hereby authorized and empowered to
apply any part or all of said sinking fund to the payment or purchase
of any of said bonds, at any time, and all bonds so paid off or pur-
chased by said board of supervisors shall be immediately cancelled.
and shall not be reissued, and the board of supervisors is authorized
and empowered to lend out, upon real estate security, the loan not to
exceed sixty per centum of the assessed value of such real estate or
deposit in bank at interest all accumulations of money to the credit
of said sinking fund, and to collect and re-invest the same and the
interest accruing thereon from time to time, so often as may be neces-
sary or expedient, until such time as such bonds become subject to
call.

Sec. 16. When the said county wishes to redeem any of its out-
standing bonds subject to call, issued under the provisions of this act,
it may, through the chairman of the board of supervisors, give notice
of its readiness to do so to the holder in person or by publication
thereof once a week for two successive weeks, in a newspaper pub-
lished in said county or nearest thereto. It shall be sufficient in the
notice to give the number and amount of such bond and fix the day
for its presentation and payment, which shall not be less than ten days
from the date of personal service of notice, or the completion of the
publication thereof, as the case may be. If the bond be not presented
on the day fixed for its redemption, interest thereon shall cease from
that date.

Sec. 17. No election upon the question of the issuance of bonds
undet this act shall be held oftener than once in one year for the same
water and sewerage district.

Sec. 18. Nothing herein provided shall be taken as restricting the
control which the State board of health is empowered by law to exer-
cise within the sanitary district. -

Sec. 19. Nothing herein contained shall affect any incorporated
community, wholly or partially within the sanitary district, nor any
such community for the incorporation of which a petition is now
pending, unless the prayer of such petition shall be denied. Nor shall
anything herein contained affect any act of the general assembly of
Virginia providing for public improvements for said incorporated
communities, provided, however, that the board of supervisors shall
have full power and authority to contract with the proper authorities
of any such communities and with the proper authorities of any other
sub-division of the Commonwealth of Virginia, concerning any matter
or thing authorized by this act.

Sec. 20. Upon the filing with the board of supervisors of a peti-
tion signed by at least one hundred qualified voters within any area
of said county of not less than one mile square praying that said
area be designated a sanitary district, said petition shall be referred
forthwith to the engineer in charge, who shall make a report in writ-
ing within sixty days to said board as to what action should be taken
in the matter of granting the prayer of said petition. If said engineer
shall be of opinion that the petition should not be granted as prayed
for, then he shall recommend how the territory described in said
petition should be divided, considering primarily the interest of the
community filing the petition. Upon such a report being filed, the
board shall, within sixty days, detine and designate the boundaries of
said district or districts. Thereupon said board shall proceed as pro-
vided in this act to have an election to determine whether or not bonds
shall be issued for the purpose herein set forth.

Sec. 21. Upon a petition being filed by any community as pro-
vided in section twenty hereof, there shall be submitted at the election
at which the question of bonds is voted upon, the further question of
whether any two or more water and sewerage districts mentioned in
said petition shall be treated as one for the purpose of issuing bonds
to defray the expense of the improvements proposed, and if a majority
of those voting at said election shall vote in favor of having said
districts treated as one district for the purpose of issuing bonds, such
bonds shall be issued as the joint obligation of said districts.

Sec. 22. By reason of the necessity for immediately commencing
the investigation herein provided for, an emergency is hereby declared
to exist, and this act shall be in force from its passage.