Chap. 260.—An ACT to create Arlington sanitary district; conferring certain
powers and imposing certain duties on the board of supervisors of Arlington
county; granting to said board the power of eminent domain; authorizing
the issuance of bonds upon certain conditions; to provide for the con-
struction, maintenance and operation of water supply, drainage, sewerage
and refuse disposal systems; and to repeal an act entitled an act to create
a sanitary district of Alexandria county; providing for water and sewerage
districts, approved March 25, 1920, and all other acts and parts of acts in-
consistent with the provisions of this act. [H B 442]

Approved March 15, 1922.

Section 1. Be it enacted by the general assembly of Virginia,
That the territory now composing that subdivision of. the Common-
wealth of Virginia known as Arlington county be, and the same is
hereby designated for the purpose hereinafter set forth as “Arling-
ton sanitary district.” ) |

Section 2. For the purpose of carrying out the provisions of this
act, said sanitary district shall be under the jurisdiction of the board
of supervisors of Arlington county, hereinafter designated and re-
ferred to in this act as the board, with the power and authority to
do any and all corporate acts necessary to carry out the provisions
of this act. Said board, shall appoint, discharge at pleasure, and fix
the compensation of a chief engineer, and such engineering, legal
clerical and other force and help as, from time to time, in its judg-
ment may be deemed necessary to carry out the provisions of th
act. Said board shall annually cause to be published in at least or
newspaper in Arlington county, a full and true account of its receipt
expenses and expenditures. Prior to such publication, said account
shall be fully audited by a certified public accountant, to be employe
and paid by said board.

Section 3. For the purpose of providing for the prosecution a
its investigations and surveys, the preparation of necessary map:
plans, and specifications, and for the doing of all other things tha
may be required by this act, other than construction work, the boar
shall, from time to time, as in its judgment may appear necessary
expend out of the county fund an amount not exceeding ten thousanc
dollars annually to be provided for in the regular annual levy. Suck
levy shall be for the specific purposes of this act and shall be ex:
pended for no other purpose and any unexpended balance at the enc
of the year shall be set aside and used in succeeding years for the
purposes of this act. |

Section 4. The chief engineer shall present to the board on or
before the first day of March, nineteen hundred and twenty-three
and annually thereafter, a detailed report covering its activities for
the previous calendar year and setting forth the best means of pro-
ceeding with the construction and operation of the water supply and
sewerage systems proposed for the sanitary district and any other
matters within the jurisdiction of said board.

Section 5. Said board shall cause surveys, plans, specifications
and estimates to be made for water supply, sewerage and drainage
systems in any portion of the sanitary district in which, in its judg-
ment, such systems or any of them, are necessary. Said board shall
within sixty days after the passage of this act fix and determine
the boundaries of all water and sewerage zones and districts in the
county and to properly designate the same, in such a way as shall,
in its judgment, best serve the needs of the various communities
and shall promote convenience and economy of installation and opera-
tion. The boundaries of any water and sewerage district may at any
time be changed upon petition to said board by property owners in
the area affected prior to authorization of the issuance of bonds in
said district.

Section 6. The board after fixing and designating the water and
sewerage zones and districts as defined in section five, shall as author-
ized, from time to time, by the board have prepared by the com-
missioner of revenue of the county separate assessment books show-
ing all real estate and improvements and all items subject to taxa-
tion under this act in each sewerage and water zone and district as
defined in section five of this act and said books shall be permanently
so kept and revised from time to time to show at all times for the
purposes of any levies authorized under this act the taxable property
of each person, firm or corporation.

Section 7. Whenever it shall be deemed necessary by said board
to take or acquire any land, structures or buildings, or any stream
bed, waterway, water rights or watershed, either in fee or as an
easement, within or without the sanitary district, for the construct-
ing, renewing, extension or maintenance of any water mains, sewers
or appurtenance thereof, or for any sewerage disposal plant, reser-
voir, water purification plant, tank or pumping station, said board
may purchase the same from the owners, or failing to agree with the
owner or owners thereof, may acquire the same by condemnation,
and the proceedings in all such cases shall be according to the pro-
visions of chapter one hundred and seventy-six, of the Code of Vir-
ginia, nineteen hundred and nineteen, so far as they can be applied
to the same, and the said board may likewise condemn the interest
of any tenants, lessees or other persons having an interest in said
land, structures or buildings, stream bed, waterway, water rights or
watershed.

Section 8. That all individuals, firms and corporations having
buildings, conduits, pipes, tracks or other physical obstructions in,
over or under the public roads, streets or alleys, within the sanitary
district, which shall block or impede the progress of the board’s
water supply, sewerage or drainage system, while in process of con-
struction and establishment, shall, upon reasonable notice from said
board, promptly so shift, adjust, accommodate or remove the same,
at their own cost and expense, as to fully meet the exigencies occa-
sioning such notice; and should the exigencies of any case involve
the taking, in the constitutional sense of the franchise or right in
the exercise of which such construction had its origin, the board
shall be empowered to condemn an easement in said franchise or
right. Every public service corporation, company or individual, be-
fore it or they shall begin any underground construction in any
street, road, alley or public highway within the sanitary district,
shall file with the board a plan of such construction showing the
location and depth of such street, road, alley or public highway of
the proposed conduit or pipe, with specification for said work, which
plans and specifications must be approved by the board before such
construction is begun; and when approved no change shall be made
in the physical location of anything shown upon said plan except
upon the approval of said board, and said board shall have the right
and authority to have said construction superintended to see that it
conforms to said plans and specifications. Whenever any such under-
ground main, conduit or pipe is put in without the filing of plans
and specifications with the said board and the approval thereof, or
when any change is made in the physical location of such under-
ground main, conduit or pipe, as shown upon the plans approved by
said board, or any approved change therein, the board may, when
such conduit, main or pipe interferes with the construction or opera-
tion of its water and sewerage systems, remove the same or change
the location thereof at the cost and expense of the party so putting
them in, or its successors, and without any liability upon the part
of the board for damage that might be done to the same by reason
of the board’s operations in construction or maintaining its systems.
Any violation of the provisions of this section shall be a misdemeanor
and punishable under section nine of this act.

Section 9. That every act or omission designated as a misde-
meanor in this act, unless otherwise provided, shall be brought by
warrant or indictment upon the oath or information of any member
of said board or any employee thereof, and the offender shall, upon
conviction, be subject to a fine not exceeding one hundred dollars
or thirty days in the county jail, or both, in the discretion of the
justice or jury trying the case. Where such act or omission is of
a continuing nature and is persisted in in violation of the provisions
of this act or any rule or regulation formulated thereunder, a con-
viction for one offense shall not be a bar to conviction for a con-
tinuation of such offense subsequent to the first or any succeeding
conviction.

Section 10. The board shall have full power and authority to
enter into any contracts or agreements with the commissioners of
the District of Columbia or any other federal authority for the con-
nection of its water supply, sewerage and drainage systems with those
of the District of Columbia, for the purchase of water from the Dis-
trict of Columbia, and for the disposal of sewage and drainage from
the sanitary district ; and to enter into any agreement concerning any
other matter necessary, advisable or expedient for the proper con-
struction, maintenance and operation of the water supply, sewerage
or drainage systems under its control or those under the control of
the commissioners of the District of Columbia. Any contract or
agreement so entered into shall have the full force and effect of a con-
tract between the District of Columbia and the county of Arlington.

Section 11. That whenever the plans and specifications for water
supply, sewerage or drainage systems for any zone or. district shall
have been completed and the issue of bonds authorized for the con-
struction the board shall advertise by notice in such newspapers and
technical press as it may deem proper, for bids for the construction
of said system or systems, in parts or as a whole, as in its judgment
may appear advisable. The contract shall be let to the lowest re-
sponsible bidder, or the board may reject any or all bids, and, if in
its judgment the prices quoted are unreasonable, it may readvertise
the work or any part of it or may do any part or all of the work by
day labor; provided that any time the board may, in its discretion,
expend by day labor for construction an amount not exceeding five
thousand dollars without advertising or receiving bids. All such con-
tracts shall be protected by such bonds, penalties and conditions as
the board shall require, all of which shall be enforceable in any court
having jurisdiction.

Section 12. For the purpose of providing funds for the design,
construction, establishment, purchase or condemnation of the water
supply, sewerage and drainage systems in the sanitary district, said
board is authorized and empowered to issue bonds, from time to time.
in such amounts as it may deem necessary to carry on its work;
provided, however, that the issuance of said bonds under this act
shall be previously authorized by an election to be held as herein-
after provided. °

Section 13. The circuit court of the county, upon the petition
of a majority of the board, or upon petition of fifty qualified voters
of any one or more water or sewerage districts or zones, 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, zone or zones, on the question whether the board shall issue
bonds for the purposes set forth in said petition; a general descrip-
tion 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 is to be set
out in the order of the court; for expenditure solely in the construc-
tion of said public works. The said order shall designate the water
and sewerage district or districts, zone or zones, in which said public
improvements are to be constructed and the maximum amount of
bonds to be issued. The qualified voters at any election held under
this act shall be all persons in said water and sewerage district or
districts, zone or zones, qualified to vote at the last general election.

The regular election officers of said county in and for the pre-
cincts in which the water and sewerage district or districts, zone or
zones, 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, zone
or zones, and shall conduct such election and close the polls in such
manner as 1s provided by law in other elections, and at such election,
each qualified voter who shall approve such issue of bonds shall de-
posit a ballot on which shall be printed the words “for bond issue,”
and each qualified voter who shall oppose such issue 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 provided in other elections. Said ballots shall
be printed and furnished by the regular election officers.

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.

If it shall appear by the report of the commissioners of election
that a majority of the qualified voters of the water and sewerage
district or districts, zone or zones, 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 board to proceed at
their next meeting to carry out the wishes of the voters as expressed
at the said election.

Section 14. Whenever the sense of the qualified voters of any
water and sewerage district or districts, zone or zones, shall be taken
on the question, whether the board of said county shall issue bonds
for the purpose aforesaid, the said election and returns shall be sub-
ject to the inquiry, determination and judgment of the circuit court
of the county in which said election was held, upon the written com-
plaint of fifteen or more of the qualified voters, of such county in
the water or sewerage district or districts, zone or zones, in which
the public improvements are to be constructed, of an undue election
or of the false returns, two of whom shall take an oath that facts
set forth in said complaint are true to the best of their knowledge
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 com-
plaint 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 reason-
able 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 the 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 improve-
ments in said water and sewerage district or districts, zone or zones,
the court shall make an order in conformity with the preceding
section.

The said board shall determine what amount of bonds for said
public improvements in said water and sewerage district, zone
or zones, 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 al!
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, sc
far as necessary, as expressed in such election, and in event the boarc
for any reason fails or refuses to issue the bonds so authorized tc
be issued, the circuit court of the county may upon the complaint o:
ten qualified voters of the water and sewerage district or districts
zone or zones, and after ten days notice to the chairman of the
board, for cause shown, issue an order directing them to issue the
said bonds or any unused residue thereof, or such portion thereo:
as the court may, from time to time, deem proper to be issued ir
order to enable the proper authorities to carry out the wishes of the
voters as expressed in said election.

Section 15. The board shall have power to appoint agent or
agents to sell said bonds, if authorized, 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. All bonds
issued from time to time as authorized for water works construction
shall be designated as “Water Bonds, Series 1, 2, 3, etc.” All bonds
issued from time to time as authorized for sewerage work shall be
designated as “Sewer Bonds, Series A, B, C, etc.” The receipts from
all water bonds sold shall be expended solely for acquisition
of land and rights, water works construction, engineering and super-
intendence, and all sewer bonds solely for acquisition of land and
rights, sewer construction, engineering and superintendence. Sepa-
rate detail accounts shall be kept by the treasurer of the county of
all receipts and expenditures for sewerage work and: water works
and a statement of said receipts and expenditures published annually
by the board in one or more newspapers published in Arlington
county.

Section 16. When such sale of bonds has been authorized and
negotiated the board shall issue the same. Such bonds may be either
registered or coupon bonds, in such denomination or denominations
as shall be determined by said board and shall be guaranteed as to
payment of principal and interest by said board which guaranties
shall be indorsed on each of said bonds in the following language:
“The payment of interest when due and of the principal at maturity
is guaranteed by Arlington county, Virginia,”

Such bonds shall be signed by the chairman of the board of super-
visors and countersigned by the clerk thereof under the seal of the
board; shall bear interest at a rate not exceeding six per centum
per annum, payable semi-annually at the office of the treasurer oi
said county and shall be payable not exceeding fifty 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 pay-
ment of the price thereof. The said treasurer and his sureties shall
be liable for the amount received for said bonds as though it were
a county levy and said funds shall be expended for the purposes «nd
in the water and sewerage district or zone for which it was intended
and none other. The said treasurer shall receive as compensation
for his services hereunder, one-fourth of one per centum of the
amount thus coming into his hands, and also the reasonable cost
to him of giving surety on such additional bond as may be required
of him, if any, on account of his receipts of said funds, and the said
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, and at the rate of interest to be specified, to be paid out
on his checks therefor and all interest accrued therefrom shall be
accounted for by said treasurer and expended for the purposes of
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
principal of said bonds.

Section 17. 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 districts or zones 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 ma-
turity; the amount levied and set apart as a sinking fund and the
interest accruing thereon shall be used for the payment of the prin-
cipal 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 prin-
cipal, it is hereby provided that the board shall levy such tax in
said water and sewerage districts or zones 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 payable
primarily out of levies upon the property in the water and sewerage
districts or zones where the proceeds of the bonds may be expended
hereunder. .

The board 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 purchased by
said board shall be immediately cancelled, and shall not be re-issued,
and the board -is authorized and empowered to lend out, upon real
estate security, the loan not to exceed seventy-five 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 reinvest the same and the interest accruing thereon
from time to time, so often as may be necessary or expedient, until
such time as such bonds become subject to call.

Section 18. When the said county wishes to redeem any of its
outstanding 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 publi-
cation thereof once a week, for two successive weeks, in a newspaper
published in said county. It shall be sufficient in the notice to give
the designation 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.

Section 19. The levy as laid or tax imposed as specified in sec-
tion seventeen shall be distributed as follows:
(a) For the water pumping and filtration plant and supply works
thereto by general levy over entire county;

(b) For the storage works such as reservoirs, tanks and stand-
pipes and pumping mains thereto and main lines of distribution pipes
therefrom by levy over the water zone served by said works ;

(c) For sewage disposal works and main lines of trunk sewers
by levy over the main sewage zone or watershed draining towards
said disposal works or lowest outlet of the trunk sewers ;

(d) For service sewers and water pipes and house connections
to property lines through the separate water and sewerage districts
leading to and connecting with the trunk sewers or main water supply
lines or to disposal works or local water supplies within said district
by levy over the water and sewerage district or districts served.

Provided, however, no levy shall be laid or tax imposed for water
system in any section of the sanitary district, the limits of which
have perviously been definitely defined by said board, and in which
previous to said levy a proper and sufficient water supply is being
furnished by a public service corporation; unless said water works
system is purchased or condemned by said board as a part of its
system as provided in section twenty-four of this act, and in which
event the levy shall be laid as provided in sections seventeen and
nineteen.

Section 20. Said board shall provide for each and every property
abutting upon a street or right of way in which, under this act, a
water main or sanitary sewer is laid, a water service pipe or sewer
connection which shall be extended, as required, from the water main
or sewer to the property line of the abutting lot, said service pipe
or connection to be constructed by, and at the sole expense of said
board. When any sewer is declared by said board complete and
ready for the reception of sewage, every abutting property owner,
after notice, shall make connection of all toilets and waste drains
with said sewer within a time prescribed by said board. Where the
aforesaid fixtures do not exist, or are of a nature which, in the
judgment of the board, is improper-or inadequate, satisfactory equip-
ment shall be installed by the abutting property owner within such
time as the said board shall prescribe. All cesspools, sink drains
and privies shall be abandoned and left in such a way that they can-
not again be used nor injuriously affect the public health, said dis-
position to be determined by the board; and all wells that are found
by the board to be polluted or a menace to health shall likewise be
abandoned and closed. Any violation of the provisions of this sec-
tion shall be a misdemeanor punishable under section nine of this act.

Section 21. Before any plumping, water works or sewer con-
struction is done in any building, or upon any private property, within
the sanitary district that connects with or forms a part of the per-
manent water or sewerage system of the sanitary district, the per-
son, firm or corporation doing the same shall first obtain a permit
from said board and pay therefor such reasonable sum as the board
may prescribe. Such work shall be done under and pursuant to
such rules, regulations and requirements as the board may from time
to time formulate, and subpect to such inspection as may be deemed
necessary. No connection of any kind shall be made with any water
main or sewer, constructed or maintained by said board, without a
permit and under conditions as said board may authorize. In order
to prevent waste of water, said board shall have the right of entry
at reasonable hours to all buildings or premises having any connec-
tion with the water supply or sewerage systems under its jurisdiction,
and may order and require such changes as it may deem necessary
to eliminate leakage, loss of water or unnecessary use of sewers. No
private or semi-public water supply or sewerage installation intended
for the use of two or more buildings or premises shall be constructed
in Said sanitary district without the person, firm or corporation doing
the work having first obtained a permit from said board and paid
a reasonable charge therefor, and such plant shall then be installed,
maintained and operated under such rules and regulations as said
board may require or devise. Any violation of any of the provisions
of this section shall be a misdemeanor punishable under section nine
of this act. |

Section 22. That for every water and sewer connection, as pro-
vided under section twenty-one, said board shall make such charge
as it shall determine to be reasonable, which charge shall be uniform
throughout the sanitary district, subject, however, to revision an-
nually by the board. Said charge shall be paid by all property own-
ers at the office of the county treasurer before the actual connection
with any pipe on private property is made; or any owner so desiring
may so pay one-fourth of said charge, in which case the balance shall
be paid in three equal annual installments, such deferred payments
to bear interest at the rate of six per centum per annum and shall
be a lien on the property with which the connection is made in the
same manner and to the same extent as county taxes.

Section 23. For the purpose of providing funds for maintaining,
repairing and operating its water supply, sewerage and drainage sys-
tems, including overhead expense. and proper depreciation allowance,
said board shall be empowered and directed to make such service
rates as it may deem necessary chargeable against all properties hav-
ing a connection with any water pipe or sewer under its ownership
and any unexpended balance accumulated from such rates shall be
applied toward defraying interest and sinking fund of said bonds.
Said rates shall be uniform throughout the sanitary district, but sub-
ject to change from time to time, as necessary. The rates for water
service shall consist of a minimum or ready to serve charge which
shall be based upon the size of the meter on the water connection
leading to the property, and of a charge for water used, which shall
be based upon the amount of water passing the meter during the
period between the last two readings, said meter being required to
be placed on each water connection by and at the sole expense of
the board. Bills for the amount of the charges as above specified
shall be sent monthly, quarterly or semi-annually, as the board may
determine, to each property served, and shall be thereon payable at
the office of the county treasurer; and if any bill shall remain unpaid
after thirty days from the date of sending, the board shall, after
written notice, to be left upon the premises or mailed to -the last
known address of the owner, turn off the water from the property
in question and it shall not be turned on again until said bill shall
have been paid with the addition of two dollars and fifty cents. If
any bill shall remain unpaid for sixty days after being sent by the
board, it shall be collectible against the owner of the property
served, in the same manner and to the same extent as county taxes.

Section 24. Whenever said board shall have extended its general
water supply or sewerage system up to and is ready to connect
with any municipally owned or privately owned water supply or
sewerage system, or previously thereto if in its judgment such action
is expedient, and it deems it advisable and proper for the adequate
operation of the system under its jurisdiction to take over the said
water or sewerage system, it may purchase the same upon such
terms and conditions as may be agreed upon. In the event of
failure to agree as to the purchase price or conditions of purchase
of said water or sewerage system, whether privately or municipally
owned, the said board, may acquire the same by condemnation, in
the same manner as it is authorized to acquire land by this act. In
the condemnation of privately owned water or sewerage systems
the commission shall take into consideration as a part of their award
any payment, contribution or tax paid by the respective lotowners
or purchasers toward the construction of said systems, and where
said system or systems have been built in connection with and for
the purpose of developing home sites, subdivisions or villages by
any individual, firm or corporation and such system or systems have
been offered as an inducement for the purchase of lots or land
therein, the commission may, in its discretion, deduct from the de-
termined value of the plan or system such sum as it may reasonably
determine was added to the purchase price of said land or lots in the
sale thereof for the purpose of constructing said system. Privately
owned systems shall be taken under said condemnation by said
board free and clear of all debts and liens, but said board shall make
a party defendant any person, firm or corporation having any record
lien or incumbrance against the same, and the circuit court is hereby
empowered and authorized to determine the respective amounts due
the defendants, and from and after the payment into court or to
the proper parties, said board shall be authorized at once to take
possession of, maintain and operate said system, whether private or
municipal, as a part of its general system, and from the date of such
payment all properties along the line of any water main or sewer
of the system so acquired shall stand in the same relation, and be
subject to the same regulations and penalties, as though the system
so acquired had been constructed and put into operation by the
said board under the provisions of this act, provided, however, that
no building or premises, actually connected in an adequate manner
with said acquired system at the time of its purchase, shall be re-
quired to pay the connection charge specified under section twenty-
two. Wherever there is in existence a privately owned water supply
or sewerage system which in the judgment of the board is unfit, as
a whole or in part, for incorporation with the board’s system, the
board shall disregard the existence of said system or unfit part
thereof and extend its system to serve the area tributary to the
existing system or unfit part thereof, and all the provisions of this
act relating to system construction by the board shall apply to said
extension. Any municipality whose system is acquired by said board
whether by purchase or condemnation is hereby authorized to use
the amount paid to it for said system for the purchase or redemption
of any bonds or debt which may be outstanding against the same;
or the board may, as a part of the purchase price of said system,
assume the payment of any such outstanding bonds.

Section 25. After the passage of this act, whenever a munici-
pality or the property owners or residents of any locality in the
sanitary district shall desire a water supply, sewerage or drainage
system, or part thereof, to be constructed in that municipality or
locality, such municipality or persons may build and operate said
system at its or their own expense, but it shall be constructed under
the plans and specifications prepdred by said board and under its
supervision, and its maintenance and operation shall be under the
general supervisory control of the board, which engineering and
supervisory service shall be rendered by the board free of charge;
and no such system or part thereof, or no water main, sewer, storm
water drain, water purification or sewerage disposal plant, or no
connection with the above, shall be constructed or installed except
as above provided, and any violation of this provision shall be a
misdemeanor punishable under section nine of this act. All con-
struction and operating records, including cost records, shall be filed
with the board, which shall be empowered at any time to take over
said system or part thereof, or said water main, sewer, storm water
drain, water purification or sewage disposal plant, or connection with
the above, in the same manner as provided under section twenty-
four for systems existing at the time of the passage of this act.
The board shall be empowered to extend its water supply, sewerage
and drains into any area outside of the sanitary district contiguous
thereto or in the vicinity thereof, whenever the property owners
of said area shall agree to the conditions that may be imposed by
said board.

Section 26. Said board may enter upon any State, county or mu-
nicipal street, road or alley, or any public highway, for the purpose
of installing, maintaining and operating the water supply, sewerage
and drainage systems provided for under this act, and it may con-
struct in any street, road or alley or public highway, a water main,
sewer or drain, or any appurtenance thereof, without the receipt of
a permit or the payment of a charge; provided that whenever any
State, county or municipal highway is to be disturbed the public
authority having control thereof, shall be duly notified, and provided
further that said highway shall be repaired and left by the board
in the same, or a. not inferior, condition to that existing before being
torn up, and that all costs incident thereto shall be borne by the
board.

Section 27. Any employee or agent of said board shall have the
right of entry, at all reasonable hours, upon any private premises
and into any building in the sanitary district, while in the pursuit
of his official duties, and any restraint or hindrance offered to such
entry by any owner or tenant, or agent of said owner or tenant, shall
be a misdemeanor punishable under section nine of this act.

Section 28. The State corporation commission of Virginia is here-
by given jurisdiction to determine upon appeal, the reasonableness
of all rates and service charges as in the case of public service cor-
porations, upon the written complaint of any one financially interested
therein, under such regulations as said State corporation commission
may from time to time order and provide.

Section 29. An act entitled an act to create a sanitary district
of Alexandria county; providing for water and sewerage districts,
approved March 25, 1920, is hereby repealed, and all other acts and
parts of acts inconsistent with the provisions of this act are hereby
repealed, to the extent of their inconsistency, provided that nothing
herein contained shall be taken as restricting any control which the
State board of health of Virginia is empowered to exercise within
the sanitary district. No part of this act not declared to be uncon-
stitutional shall be affected by a part of the same being held
unconstitutional.