Chap. 353.-An ACT to create and provide for the Hampton Roads Sewage
Disposal Commission; to provide for the appointment and removal of the
members thereof; to fix their compensation; to prescribe the rights, powers
and duties of the said Commission; to authorize and empower the said
Commission to acquire, own, construct, reconstruct, replace, improve, repair,
maintain, operate and use trunk, intercepting and outlet sewers, pumping and
ventilating stations, treatment plants or works and other plants and structures
to relieve waters in Hampton Roads and Chesapeake Bay and in certain
rivers and creeks and certain other tributaries, from pollution and to prevent
the pollution of the same; to authorize the making of certain contracts and
agreements with and by counties, cities and towns; and to appropriate to the
said commission the sum of fifteen thousand dollars for the purpose of carry-
ing out the provisions of this act. [H B 483]

Approved March 27, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1, A board, to be known as the Hampton Roads Sewage
Disposal Commission, hereinafter referred to as the commission is
hereby created as a body corporate. The commission shall consist of
five members, who shall be appointed by the Governor for terms coin-
cident with that of the Governor. The Governor shall appoint one of
the members of the Commission from the area comprising the counties
of Isle of Wight and Nansemond and the city of Suffolk, one of the
members from the area comprising Norfolk county and the cities of
Portsmouth and South Norfolk, two of the members from the area
comprising the county of Princess Anne and the city of Norfolk, and
one of the members from the area comprising the counties of Elizabeth
City and Warwick and the cities of Hampton and Newport News. The
Governor shall have the right to remove with or without cause any one
or more members of the commission and to fill all vacancies however
the same may occur.

Section 2. The chairman of the commission shall be designated by
the Governor. The commission may, under rules adopted by itself,
select one of its members as vice-chairman and one of its members as
secretary. The chairman of the commission shall receive for his ser-
vices such compensation as shall be fixed by the Governor, providing
the total shall not exceed three thousand six hundred dollars per
annum. The other members of the commission shall receive no salary,
but shall be paid their necessary traveling and other expenses incurred
in attendance upon meetings and while otherwise engaged in the dis-
charge of their duties, and the sum of ten dollars a day for each day or
portion thereof while in attendance upon meetings of the commission.

Section 3. It shall be the duty of the commission to draft a plan
for the elimination of pollution by sewerage or otherwise of the tidal
waters or any part of such waters within the area known as the
Hampton Roads-Chesapeake Bay area, the final determination of which
shall be left to the commission, subject to the provision, however, that
the said area shall include the tidal waters made up by the eastern,
southern and western branches of the Elizabeth river, the Nansemond
river, the James river, Chuckatuck creek, Hampton creek, and lesser
tributaries. To this end the commission is authorized and empowered
to make such study, investigation and survey of the said area and of
matters relating to the pollution of the same, as it shall deem proper,
in order to determine ways and means whereby such pollution may be
eliminated, and the cost thereof.

Section 4. The commission shall have the following powers:

(1) To have a common seal and to alter the same at pleasure ;

(2) To sue, and to be sued on any bonds, agreements or other
contractual or quasi-contractual obligations issued, made or incurred
pursuant to this act and for the enforcement thereof and of any debt
thereon or evidenced thereby and of any terms, provisions, conditions
or covenants contained therein or made in connection with the issuance,
making or procuring thereof, and for the enforcement of any contract
or agreement with or liability of any nature to the holders of any bonds
or any trustee therefor or representative thereof;

(3) To acquire, hold and dispose of personal property for the
purposes of the commission.

(4) To acquire by purchase, gift, condemnation or otherwise real
property and rights and easements therein necessary or convenient for
the purposes of ‘the commission and to hold and use the same;

(5) To execute all instruments necessary or convenient for the
purposes of this act;

(6) To perform any acts and to do any things authorized by this
act under, through or by means of its own officers, agents or employees
or by contract with private corporations, firms or individuals ;

(7) To appoint officers, agents and employees to serve at the
pleasure of the commission and to fix their compensation ;

(8) To do all acts or things necessary or convenient to carry out
the powers given and the purposes set forth in this act.

Section 5. The commission is hereby authorized and empowered to
acquire by purchase, gift, condemnation or otherwise and to construct,
reconstruct, replace, improve, maintain, operate and use such trunk,
intercepting and outlet sewers, pumping and ventilation stations, treat-
ment plants or works and such other plants and structures as in the
judgment of the commission will provide the most effectual and advan-
tageous plan or method for relieving the waters of the Hampton
Roads-Chesapeake Bay area from pollution and for preventing the
pollution of the same. The commission shall have power and is hereby
authorized to enter into contracts and agreements with counties, cities
and towns, providing for the disposal of sewage and wastes contribut-
ing to or likely to contribute to the pollution of the waters in the said
Hampton Roads-Chesapeake Bay area, and to charge and collect fees
in compensation for such services. The boards of supervisors, councils
and other governing bodies of counties, cities and towns located within
the said Hampton Roads-Chesapeake Bay area are hereby authorized
and empowered to enter into such contracts and agreements and to pay
such fees and charges as shall be provided for therein. The com-
mission shall not, however, exercise any powers conferred by this
section in any county, city or town until the board of supervisors,
council or other governing body of such county, city or town shall
have assented thereto by a resolution adopted by a majority of the
members thereof.

Section 6, The commission is authorized and empowered to borrow
money and to secure the same, to apply to the United States and to
departments, institutions and agencies thereof for grants of money,
and to accept and receive gifts, grants and contributions of money and
property for the purpose of carrying out the provisions of this act.

Section 7. In addition to the powers given to counties, cities and
towns to enter into contracts with each other as provided by chapter
fifty-eight of the Acts of the General Assembly of nineteen hundred
and thirty-three, authority is also given to such counties, cities and
towns likewise to include in such contracts agencies and departments
of the State and of the United States located in the Hampton Roads-
Chesapeake Bay area.

Secion 8, For the purpose of carrying out the provisions of this
act there is hereby appropriated to the commission out of any moneys
in the State treasury not otherwise appropriated the sum of fifteen
thousand dollars, or so much thereof as shall be necessary ; all payments
of such moneys shall be made by the State Treasurer on warrants of
the Comptroller issued upon vouchers signed by the chairman of the
commission or such other person or persons as shall be designated by
the commission for such purpose.

Section 9, The Commission shall have no power or authority to
create any indebtedness or obligation for or on behalf of the State;
bonds, notes and other obligations which may be issued by the Com-
mission shall not be in any way a debt of the State, nor shall they
create or constitute any indebtedness or obligation of the State, either
legal, moral or otherwise, nor shall they be payable out of any funds
other than those of the Commission or appropriated to the Commis-
sion; and nothing in this act shall be construed to authorize the Com-
mission to incur any indebtedness on behalf of or in any way to
obligate the State.