CHAP. 334.—An ACT to provide for and create the Hampton Roads Sanitatiot
District, in which shall function the Hampton Roads Sanitation Commission
to declare the necessity therefor. and benefits thereof; to provide the bound.
aries of said district; to appropriate fifty thousand dollars for each yea
of the biennium beginning July first, nineteen hundred and thirty-eight tc
the Hampton Roads Sanitation Commission for the purpose of carrying
out the provisions of law applicable thereto and paying obligations of the
Hampton Roads Sewage Disposal Commission: and to repeal an act ap-

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proved March twenty-seventh, nineteen hundred and thirty-four, and an
act approved March twenty-seventh, nineteen hundred and thirty-six, as
amended, both with respect to Hampton Roads Sewage Disposal Com-

mission. [H B 84]
Approved March 31, 1938

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

Section 1. Declaration —The prevention or reduction of the pollu-
ion of the tidal waters in the area hereinafter defined by the discharge
f sewage and industrial wastes therein is necessary for the preserva-
on of the health of the people of said area and of the State of Vir-
inia, and the creation of a sanitation district comprising said area,
r part thereof as hereinafter provided, in which shall function as a
ublic instrumentality a sanitation commission with all of the powers
ranted by the “sanitation districts law of nineteen hundred and thirty-
ight”, and amendments thereof, and subject to all of the provisions
iereot, is hereby determined to be the most advisable means of pre-
enting or reducing such pollution and a benefit to the people of and

le property in said district comprising said area, or part thereof as
ereinafter provided.
Section 2. Hampton Roads Sanitation District created.—!n accore-
nce with the provisions of the “sanitation districts law of nineteen
sundred and thirty-eight” and for the purpose of taking advantage
thereof, there is hereby created the Hampton Roads Sanitation District
n which shall function the Hampton Roads Sanitation -Commission,
with all of the powers granted by such law, and amendments thereof,
and subject to all of the provisions thereof.

Section 3. Hampton Roads Sanitation District bounded and de-
scribed—Unless otherwise determined pursuant to section four of this
act, said Hampton Roads Sanitation District shall embrace the fol-
lowing contiguous political subdivisions : the cities of Hampton, New-
port News, Norfolk, Portsmouth, South Norfolk and Suffolk, the
counties of Elizabeth City, Norfolk, Princess Anne and Warwick, and
the towns in such counties, and Sleepy Hole and Chuckatuck magisterial
districts in the county of Nansemond, and Newport and Hardy magis-
terial districts and the town of Smithfield in the county of Isle of Wight,
and shall be bounded and described as follows, excluding, however,
from the area so bounded and described the territory included within
the limits of any county, city or town excluded from said Hampton
Roads Sanitation District pursuant to section four of this act: Begin-
ning at that point at which the James river intersects with the boundary
between Isle of Wight county and Surry county; thence in a straight
line across the James rivet to the boundary between James City county
and Warwick county at the mouth of Skiff’s creek; thence in a gen-
erally northerly direction along Skiff’s creek and Blow’s Mill Run
to the point where said boundary intersects with the York county
boundary; thence southeasterly and southerly along the boundary be-
tween York county and Warwick county to its intersection with the
boundary between Elizabeth City county and York county ; thence east-
erly along the boundary between York county and Elizabeth City county
to its intersection with the center line of the northwest branch of Back
river : thence easterly along said center line and said center line as ex-
tended to its intersection with a line in the Chesapeake Bay drawn paral-
lel with the shore line and one mile off shore; thence in a general south-
easterly direction along said off shore line to its intersection with a
straight line in the Chesapeake Bay drawn from the southerly headlanc
at the mouth of the northwest branch of the Back river across the moutl
of Hampton Roads to the northerly point of Cape Henry ; thence south
easterly along said straight line to the intersection of said straight line
with a line in the Chesapeake Bay and the Atlantic Ocean drawr
parallel with the shore line and one mile off shore; thence in a genera
southerly direction along said off shore line to its point of intersectior
with the boundary between the States of Virginia and North Carolin:
as extended and thence westerly along said boundary as extended anc
said boundary to its intersection with the boundary between Norfolk
county and Nansemond county; thence in a general northwesterlh
direction along the exterior line of the cities, counties, magisterial dis
tricts and town above stated as embraced by said district, to the plac
or point of beginning.
Section 4. Exclusions from Hampton Roads Sanitation District.—
If upon the certification of the results of the election provided for in
the last three paragraphs of this act constituting the portion of this
act designated as “three” providing for an election or referendum,
made by the ‘Secretary of the Commonwealth to the Governor as in
said paragraphs provided, it shall appear that a majority of the qualified
voters of any county, ay or town voting on the question at the said
election shall have voted “no” and against the creation of said Hampton
Roads Sanitation District, “then the territory included within the limits
of such county, city or town shall be excluded from and shall not con-
stitute part of the Hampton Roads Sanitation District, and said Hamp-
ton Roads Sanitation District shall comprise and consist of all the
remainder of the area defined, bounded and described in section three
of this act.

The provisions of this act shall not prohibit the disposal of sewage
and industrial wastes in any manner in which the same is now being
disposed of, or in any other reasonable manner, by any county, city
or town, no part of which constitutes.a part of any district, or by any
person in any such county, city or town no part of which constitutes
a part of any district.

Section Se - Arpornudation, tn) For the purpose of assisting the
Hampton Roads Sanitation Commission in carrying out the provisions
of law applicable thereto, there is hereby appropriated to the Commis-
sion out of any moneys in the State treasury not otherwise appropriated
the sum of fifty thousand dollars ($50,000) for each year of. the
biennium beginning July first, nineteen hundred and thirty-eight, or
so much thereof as shall be necessary; all payments of such money 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.

(b) The Hampton Roads Sanitation Commission | is hereby author-
ized and directed to assume and pay out of the moneys hereby appro-
priated the obligations of the Hampton Roads Sewage Disposal Com-
mission in a total amount not exceeding seven thousand five hundred

dollars ($7,500).

(c) Not exceeding fifteen thousand dollars ($15, 000) of the
moneys hereby appropriated may be expended by the Hampton Roads
Sanitation Commission for any purposes, including the payment of the
obligations of the Hampton Roads Sewage Disposal Commission, be-
fore the. Hampton Roads Sanitation Commission is empowered by an
election to issue bonds.

2. Repeals—The following acts of the General Assembly, and
all amendments of such acts, be, and they are hereby, repealed:

(a) An act entitled “An act to create the Hampton Roads Sewage
Disposal Commission, to authorize appointment of the members thereof,
to provide for the organization and duties of said commission, and to
authorize the co-operation of the various counties, cities and towns in
the area known as the Chesapeake Bay area, as herein defined, to
permit contracts and other arrangements between the counties, cities
and towns and the State and Federal agencies located in such area,
or any of them, to permit issuance of bonds and securing of loans
and grants from the Federal government, and to permit the preparation
of a plan looking toward the elimination of pollution in said area, to
authorize the said commission to accept grants of money from the
Federal government, or any agency thereof, and to provide that
the same be paid into the State treasury for use in carrying out the
provisions of this act, and to appropriate such money for such pur-
pose’, approved March twenty-seventh, nineteen hundred and thirty-
four; and,

(b) An act entitled “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, treat-
ment 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 pollu-
tion 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 pur-
pose of carrying out the provisions of this act’, approved March twenty-
seventh, nineteen hundred and thirty-six.

3. Effective date— (a) The foregoing provisions of this act not
contained in this portion designated as “three” providing for an elec-
tion or referendum, shall not become effective except as provided in
the following paragraphs.

(b) At the general election in November, nineteen hundred and
thirty-eight, there shall be submitted to the qualified voters of the whole
area defined, bounded and described in the foregoing section two the
question “Do you favor the creation of the Hampton Roads Sanita-
tion District?’ It shall be the duty of the regular election officers
of the counties and cities in whole or in part within said area to cause
to be printed and distributed in the manner prescribed by law for
printing and distributing other ballots, the proper number of ballots
for the submission of the foregoing question. Said ballots shall be
separate from other ballots and shall be in substantially the following
form:

“Do you favor the creation of the Hampton Roads Sanitation
District ?
[] YES
[] NO
To vote ‘Yes’ on the question, place a checkmark (\/) or cross
(+ or X) in the space opposite the word ‘Yes’; to vote ‘No’ on the
question, place a checkmark (\/) or cross (+ or XX) in the space
opposite the word ‘No’.”

Said regular election officers, at the designated time, shall open the
polls at the various voting places in said area or elsewhere at which
any qualified voter of said area is entitled to vote, and shall conduct
such election and close the polls in such manner as is provided by
law in other elections. The ballots shall be counted, and returns made
and canvassed and the results ascertained and made known as in other
elections, and the results certified by the commissioners of election
to the Secretary of the Commonwealth, all in such manner as to show
the respective numbers of affirmative and negative votes cast at said
election, and also, separately, the respective numbers of affirmative
and negative votes cast at said election by the qualified voters of each
of the several counties, cities and towns in whole or in part within said
area. The Secretary of the Commonwealth shall record and tabulate
the reports of the commissioners of election and shall certify the results
of the said election to the Governor and also the governing bodies of
the several counties, cities and towns in whole or in part within said
area, all in such manner as to show the respective numbers of affirm-
ative and negative votes cast at said election, and also, separately, the
respective numbers of affirmative and negative votes cast at said elec-
tion by the qualified voters of each of the several counties, cities and
towns in whole or in part within said area.

(c) If upon the certification of the results of the said election
made by the Secretary of the Commonwealth to the Governor as afore-
said, it shall appear that a majority of the qualified voters of said area
voting on the question at the said election shall have voted “yes” and
in favor of the creation of said Hampton Roads Sanitation District,
then all the provisions of this act shall forthwith become effective and
thereafter be in force. If upon the certification of the results of the
said election made by the Secretary of the Commonwealth to the Gover-
nor as aforesaid, it shall appear that a majority of the qualified voters
of said area voting on the question at the said election shall have voted
“no” and against the creation of said Hampton Roads Sanitation Dis-
trict, then the provisions of this act not contained in this portion
designated as “three” providing for an election or referendum shall not
become effective.

(d) For the purpose of this act, the term “town” means an in-
corporated town, and the term “county” means a county exclusive of
that portion thereof lying within the boundaries of an incorporated town.