Chap. 205.—An ACT to amend an act entitled an act to incorporate the town
of Fries, in Grayson county, Virginia, approved December 21, 1901, as here-
tofore amended, by adding thereto a new section numbered section 22,
providing for the establishment of a water commission for the said town,
and prescribing the powers and duties of the said commission; requiring the
said commission under certain conditions, to construct, operate and maintain
water or sewerage systems, or both, in ’ subdivisions of the said town; and
fixing the powers and duties of the council with respect to the construction,
maintenance and operation of such system or systems. {[H B 541]

Approved March 20, 1936

1. Be it enacted by the General Assembly of Virginia, That an act
entitled an act to incorporate the town of Fries, in Grayson county,
Virginia, approved December twenty-first, nineteen hundred and one,
as heretofore amended, be amended by adding thereto a new section
numbered section twenty-two, which new section shall read as follows:

Section 22. For the purpose of constructing, maintaining and
operating any system of publicly owned water works or sewerage in
the town of Fries, there shall be established a board composed of three
citizens, which board shall be known as the water commission for the
town of Fries.

The said water commission shall have power:

(a) To acquire by purchase, lease, or condemnation such real and
personal property as may be necessary for carrying out the provisions
of this section.

(b) To establish rules and regulations governing the operation of
such system or systems.
(c) With the approval of the council, and for the purpose of
carrying out the provisions of this section, to borrow an amount or
amounts not exceeding a total of twenty-five thousand dollars for
which the said water commission shall issue its obligations payable
out of funds to be derived as provided for herein; and, with the
approval of the council, to pledge as security for such loan or loans
such of the receipts to be derived from the use of such system or
systems as may be agreed upon between the lender or lenders and the
water commission and council, and in addition thereto to give as
security for such loan or loans a deed of trust or other incumbrance
on any such system or systems or any part thereof.

(d) To provide for the disbursement and accounting of all moneys
received by it from any source whatever.

Vacancies in the membership of the said commission shall be filled
by the council. The said commission shall make a full report of its
activities to the town council within sixty days after the close of every
fiscal year.

Whenever, not less than seventy-five per centum of the citizens of
any subdivision of said town of Fries, developed since nineteen hun-
dred and five within the corporate limits of the town of Fries (which
citizens shall represent not less than seventy-five per centum of the
assessed valuation of all real estate in such subdivision) shall by signed
petition, properly acknowledged before a notary public, request the
town council to establish a water or sewerage system, or both, within
such subdivision (the boundaries of which shall be clearly defined), the
said water commission shall be charged with the duty of constructing,
maintaining and operating such system or systems as may, in the
judgment of said water commission, be desirable and necessary, pro-
vided that all funds required for the construction, maintenance, and
operation of such system or systems be furnished by the citizens of
such subdivision to be served by it, or be otherwise provided, without
obligation or liability to citizens, taxpayers, property or property
owners outside of such subdivision.

The town council is hereby authorized and empowered, in so far
as not prohibited by the Constitution of the State, to make and assess
charges and rentals for the use of such water or sewerage systems, or
both, to make assessments for the use of such sewerage system or
systems a lien on the real estate served thereby, and to provide for
the collection of such charges and rentals and the turning over of the
moneys so collected to the water commission. The councll may require
each of the members of the water commission to give a bond in such
penalty and with such security as may be fixed by the council, con-
ditioned upon the faithful performance of his duties.

The following citizens and taxpayers of the Blair addition of the
town of Fries shall be, and hereby are, made members of said water
commission, namely, C. H. Boyer, S. M. Whitesell, and W. L. Carrier,
who shall serve respectively until September first, nineteen hundred
and thirty-eight, September first, nineteen hundred and thirty-nine and
September first, nineteen hundred and forty, or until successors are
duly elected and qualified. In July of each year prior to the expira-
tion of the term of any member of said water commission, the
town council shall elect as a successor to such member a citizen and
taxpayer of the Blair addition of the town and the person so elected
shall serve for a period of two years from September first, in the year
elected or until his successor is elected and qualified.

2. An emergency existing, this act shall be in force from its
passage.