Chap. 464.—An ACT to authorize certain counties and/or cities, in this State,
to establish a mosquito control district, or districts; to provide for a govern-
ing body or commission, its appointment and duties : for the creation,
operation, and management of such district, or districts; and to provide for
the issuance of bonds, and a sinking fund, and for financing the same, and
to authorize the levy of a tax for carrying on the work of said commission
and to appropriate funds therefor; and to repeal chapter 419 of the acts
of the general assembly of Virginia, session of 1928, which was issued
March 23, 1928, relating to the establishment of mosquito control districts.

[S B 356]
Approved March 27, 1930

1. Be it enacted by the general assembly of Virginia, That the
boards of supervisors of the counties of Elizabeth City, Warwick,
York, James City, Norfolk, Princess Anne, Nansemond, Isle of Wight,
Southampton, Accomac, and Northampton, and the councils of the
cities of Hampton, Newport News, Norfolk, South Norfolk, Ports-
mouth, Suffolk and Williamsburg, or any one or more of said counties,
or any one or more of said cities, or any one or more of said counties
and cities, or all of them, be, and they are, hereby authorized and em-
powered, subject to the approval of the State health commissioner, to
establish, operate and maintain, a mosquito control district, or districts,
made up of any one or more of said counties and/or cities, or any
part of any of said counties and/or cities.

Section 1. The governing body of any mosquito control district
or districts, created under the provisions of this act, shall be composed
of the State health commissioner, or some person designated by him,
who shall be ex-officio chairman, and one member from each county or
city, in any such district, to be appointed for a term of four years, by
the board of supervisors of such county and/or council of such city,
as the case may be, such person or persons, so appointed, when duly
qualified, together with the State health commissioner, or some one
designated by him, shall constitute the commission of the mosquito con-
trol district for a district or districts for which they may be appointed,
and such commission, and their successors are, hereby, created a body
politic and corporate, to have and to use a common seal, to contract
and be contracted with; and generally and specially to have all the
powers necessary to carry into effect all of the provisions, intents and
purposes of this act.

Section 2. Before entering upon the duties of office each person
appointed to the commission, except the State health commissioner, or
the person designated by him as hereinbefore provided, shall take and
subscribe an oath that he will support the Constitution of the United
States, and of this State, and will faithfully and impartially discharge
and perform the duties imposed upon him by this act, before some of-
ficer of this State, authorized by law to administer oaths, and such
oaths shall be delivered by the person taking same to the secretary of
the commission for filing. No further oath than that taken by the
State health commissioner when entering upon the discharge of his
duties as such, shall be required of him, nor of any deputy of his, who
has taken an oath of office, who may be appointed as herein provided.
In the event, however, that some person shall be appointed by the State
health commissioner, other than one of his deputies, who has taken an
oath of office, such person shall take an oath, as herein required of a
member appointed by the board of supervisors or a city council, which
oath shall be the same, and taken and filed in the manner hereinbefore
provided.
In the event a vacancy occurs upon the commission, such vacancy
shall be filled by the commission, for the unexpired term, provided that
some person from the county or city, from which the vacancy occurred
shall be appointed.

Section 3. The commission shall appoint a secretary therefor, whe
may, or may not be a member of the commission, and fix his compen-
sation, and who shall record the minutes of the commission and keer
all its records, and perform such other duties as may be imposed upon
him by the commission. If any funds are entrusted into the hands of
the secretary a bond may be required of him, the penalty of which shall
be in excess of the amount which may come into his hands, and condi-
tioned for the faithful application thereof.

Section 4. The commission is, hereby, empowered to employ all
necessary clerical assistance, engineers, scientists, and the necessary
labor, and to do any and all things deemed necessary by it for the con-
trol and elimination of all species of mosquitos in said district. It is
specifically authorized and empowered to dig canals, ditches and drains,
to fill depressions, lakes, ponds or marshes, which are breeding places
for mosquitos, and to take such other steps deemed necessary by it,
for the control and elimination of all species of mosquitos, in so far
as such work does not interfere with the water supply of any city or
county, wherever located, or water shed thereof, or which may create
a nuisance.

Section 5. The commission is hereby vested with the power of
eminent domain in so far as may be necessary to effectively carry out
the provisions of this act. Proceedings for the condemnation of any
property hereunder shall be instituted and conducted in the name of
the chairman of the mosquito control district of such number as shall
be designated by the commission, and the procedure shall be mutatis
mutandis, the same as is prescribed by law for railroad corporations,
and the rights of all persons affected, including the payment of com-
pensation thereto, shall be subject to the general law of this Common-
wealth, in so far as the same may be applicable, taking into considera-
tion the general purposes of this act.

All proceedings for condemnation, all actions at law, or suits in
equity, of any nature whatsoever, of which the courts of this Common-
wealth would have jurisdiction, and to which the commission is a
proper party, shall be brought in the circuit court, of one of the counties
or cities having jurisdiction over the mosquito control district, or some
part thereof, in which the right arises.

Section 6. The board of supervisors of any county, and/or council
of any city, which, or any part of which, may, under the provisions of
his act, become and compose a mosquito control district, is hereby au-
horized and empowered, by resolution of such board of supervisors or
‘ity council, to borrow money, and to issue bonds therefor, for the pur-
ose of contributing to the establishment, organization, and work to
ye done by the commission, in any district, not in excess of two hundred
housand dollars. The amount to be contributed by any county or
‘ity, or any part thereof, to be determined by the commission ; and when
bonds, as herein provided for, have been issued, the board of super-
visors of any county, or the council of any city, affected thereby, shall
have authority hereunder, to, annually, levy a special tax upon all
property subject to local taxation within their respective counties or
cities, or any part thereof, affected by the provisions of this act, suf-
ficient to pay the interest on the bonds so issued, and to provide a sink-
ing fund to redeem the principal thereof at maturity; and, also, to pro-
vide funds for the maintenance and continuance of the work of the
commission. No bond shall be issued payable within twelve months
after its date, and none shall be issued payable more than twenty years
from its date. No bond shall be sold for less than par, and interest at
a higher rate than six per cent shall not be paid on any bond. No bond
shall be issued by the supervisors of any county, under the provisions
of this act, or by any district of any county, except under the provisions
of section one hundred and fifteen-a of the Constitution of Virginia, and
in accordance with the machinery provided by sections twenty-seven
hundred and thirty-eight, twenty-seven hundred and thirty-nine, twen-
ty-seven hundred and forty, and twenty-seven hundred and forty-one
of the Code of Virginia, for the issuance of county bonds.

Section 7. All funds received from levies made for maintenance
purposes, hereunder shall be kept by the treasurers of the counties and
cities composing any mosquito control district, in a separate fund, and
accounted for separately, and apart from any other county, and/or city
funds, and shall be paid out by such treasurer upon warrants of the
commission, signed by the chairman, and countersigned by the secretary
of said commission.

Section 8. The commission shall have the power, and it shall be
its duty to designate such district or districts, as may be established
under the provisions of this act, by number, beginning with number
one and following, numerically, when more than one district is es-
tablished.

After such mosquito control district, or districts, have been estab-
lished, and the initial work completed by the commission, the State
health commissioner is authorized to contribute annually, for the pur-
pose of maintaining the work, not more than twenty-five per centum
of the gross amount annually contributed by the counties, and/or cities
in any district, for the maintenance only, exclusive of the amount pro-
vided by them for the payment of interest on and the redemption of
bonds.

Section 9. The members of the commission shall receive no salary
for their service, but shall receive necessary expenses while actually
engaged in the discharge of their duties, to be paid out of the funds
provided hereby, provided, however, if one of the members be appointed
as secretary, he may receive such compensation as the commission may
allow.

. 2. Be it further enacted that chapter four hundred and nineteen
of the acts of the general assembly of Virginia, session of nineteen
hundred and twenty-eight, approved March twenty-third, nineteen hun-
dred and twenty-eight, be, and the same is, hereby repealed.