Chap. 460.—An ACT to protect the health of the inhabitants of cities and incor-
porated towns and to protect their property against fire by requiring public
service corporations engaged in the business of furnishing water or sewerage
facilities to such cities and towns or their inhabitants, to provide at a reasgon-
able charge an adequate supply and service and to make such extensions of
service as may be necessary for the protection of the health of such inhabitants
and to provide for the enforcement of such public duties where such public
service corporations are unable or shall fail or refuse to perform the same.

[S B 313]
Approved March 21, 1924.

1. Beit enacted by the general assembly of Virginia, That it shall
be the duty of every public service corporation engaged in the business
of furnishing water or sewerage facilities to any city or incorporated
town in this Commonwealth or to inhabitants thereof, (whether or
not such business is conducted under or by virtue of a municipal fran-
chise) to furnish at all times and at a reasonable charge a supply of
water, a system of distribution or disposal and services and facilities
incidental to such supply, distribution or disposal, sufficient and ade-
quate to the protection of the health of such inhabitants and to the
public health of the community, and a supply of water adequate for
proper fire protection within such city or town and the adjacent terri-
tory served by the mains of such corporation.

2. If any such public service corporation shall fail or refuse to
perform any of the duties imposed by section one of this act or by
chapter one hundred and sixty of the Code of Virginia, any city or in-
corporated town served or whose inhabitants are served by such cor-
poration may file with the State corporation commission a petition
setting forth the failure or refusal of such corporation to carry out and
perform one or more of such duties, at a reasonable charge, or to the
detriment or threatened detriment of the public health and safety from
fire of such community.

3. The State corporation commission, after due notice to such
public service corporation, shall investigate such complaint and, if
upon such investigation, the commission shall determine that the
public health of the community or its safety from fire is impaired or
threatened with impairment by reason of the failure of such public
service corporation to perform or carry out any of the duties imposed
by section one of this act, or by chapter one hundred and sixty of the
Code of Virginia, it shall embody such finding in an order to be entered
upon its records and at the same time shall enter an order requiring
such public service corporation to make stich increase in its water
supply or such increases, changes, modifications and extensions of its
distribution or disposal systems and such changes, modifications and
extensions in its service charges and facilities as may be requisite to
the proper protection of the public health of the community. The
commission shall fix in its order a reasonable time within which such
increases, changes, modifications and extensions shall be completed and
may require reports from such public service corporation of the prog-
ress of the work so ordered. |
-§4. If any such public service corporation shall fail or refuse to
comply with any order of the State corporation commission made
pursuant to the provisions of this act, the State, or any person au-
thorized by chapter two hundred and forty of the Code to institute such
proceeding, may proceed against such corporation by a writ of quo
warranto, or information in the nature of a writ of quo warranto, in the
circuit or corporation court having jurisdiction in the county or city
wherein is located the principal office of the corporation in this State.
The provisions of chapter two hundred and forty of the Code shall be
applicable to any such proceeding except as herein otherwise provided
and if, in such proceeding there shall be a judgment of dissolution,
the provisions of section thirty-seven hundred and fifty-seven of the
Code shall apply. .

5. This act shall apply to the public service corporations engaged
in the business of furnishing water and sewerage facilities to cities
and incorporated towns in this State at the time that this act becomes
effective as well as to such as may hereafter be incorporated.

6. Nothing herein contained shall be construed so as to limit or
curtail the existing powers of the State corporation commission to
require of all public service corporations in all cases the renditions of
adequate service to the public at reasonable rates nor the existing
right of municipalities or individuals to apply to the State corporation
commission for the enforcement of such duties, the purpose of this
act being an extension and not a limitation of the powers of the com-
mission.