Chap. 407.—An ACT to provide for better sanitation in and around Hampton
Roads; to provide for and create the Hampton Roads Sanitation District, in
which shall function the Hampton Roads Sanitation Commission, and other
sanitation districts and commissions in said area; to declare the necessity there-
for and benefits thereof; to provide the boundaries of said districts; to appropri-
ate $50,000.00 for each year of the biennium beginning July first, nineteen
hundred and forty to 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
approved 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 Commission, and an act
approved March thirty-first, nineteen hundred and thirty-eight, with respect to
Hampton Roads Sanitation District. | [H B 147]

Approved April 1, 1940

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

Section 1. Declaration—vThe prevention or reduction of the
pollution of the tidal waters in the area hereinafter defined by the
discharge of sewage and industrial wastes therein is necessary for the
preservation of the health of the people of said area and of the State
of Virginia, and the creation of a sanitation district or sanitation dis-
tricts comprising said area or parts thereof as hereinafter provided, in
which shall function as a public instrumentality a sanitation commis-
sion or sanitation commissions with all of the powers granted by the
“Sanitation Districts Law of Nineteen Hundred and Thirty-eight’,
and amendments thereof, and subject to all of the provisions thereof,
is hereby determined to be the most advisable means of preventing or
reducing such pollution and a benefit to the people of and the property
in said district or districts comprising said area or parts thereof.

Section 2. Hampton Roads Sanitation District created.—In ac-
cordance with the provisions of the ‘Sanitation Districts Law of
Nineteen Hundred and Thirty-eight”, and amendments thereof, and
for the purpose of taking advantage thereof, there is hereby created
the Hampton Roads Sanitation District in 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 pro-
visions thereof.

Section 3. Hampton Roads Sanitation District bounded and
described.—(a) Unless otherwise determined pursuant to section four-a
or other provisions of this act or pursuant to provisions of the ‘‘Sani-
tation Districts Law of Nineteen Hundred and Thirty-eight’, the
said Hampton Roads Sanitation District shall embrace the cities of
Hampton, Newport News, Norfolk, Portsmouth and South Norfolk,
the counties of Elizabeth City and Warwick, that portion of Princess
Anne County, other than the town of Virginia Beach, contained in
Lynnhaven Magisterial District and in Kempsville Magisterial Dis-
trict, that portion of Norfolk County contained in Tanners Creek
Magisterial District, in Washington Magisterial District, in the
northern half of Deep Creek Magisterial District and in Western
Branch Magisterial District, that portion of Isle of Wight county,
other than the town of Smithfield, contained in Newport Magisterial
District and Hardy Magisterial District, that portion of Nansemond
County contained in Sleepy Hole Magisterial District and in Chucka-
tuck Magisterial District, and that portion of York County contained
in Nelson Magisterial District, in Grafton Magisterial District and in
Poquoson Magisterial District; and the said Hampton Roads Sanita-
tion District shall be bounded and described as follows:

Beginning at the mouth of Skiffs Creek, which is the dividing line
between Warwick County and James City County, thence extending
along said line in a general northerly direction to its intersection with
the York County line; thence in a westerly direction along the line
between York County and James City County to the magisterial dis-
trict line between Nelson and Bruton Magisterial Districts at a point
near Grove; thence in a general northerly direction along the line
dividing Bruton and Nelson Magisterial Districts in York County to
the headwaters of Kings Creek and along said Kings Creek which is
the magisterial district line between Bruton and Nelson Magisterial
Districts to its intersection of the Gloucester County line in the ap-
proximate middle of the York River; thence southeasterly down the
York River along the county line dividing York County and Gloucester
County to a point in the Chesapeake Bay one mile off shore; thence ina
southeasterly direction parallel with the shore line of York and Eliza-
beth City Counties and one mile off shore to a point opposite Grand
View; thence across Chesapeake Bay to a point one mile off shore from
the northerly point of Cape Henry; thence in a general southerly direc-
tion along a line one mile off shore to its intersection with the northern
line projected between Lynnhaven Magisterial District and the town
of Virginia Beach, thence westerly, southerly and easterly, along the
dividing line between Lynnhaven Magisterial District and the town
of Virginia Beach, to a point one mile off shore on the southern line
of Virginia Beach and Lynnhaven Magisterial District, thence in 2
general southern direction along a line one mile off shore to its inter-
section with the magisterial district line projected between Lynnhaven
Magisterial District and Seaboard Magisterial District in Princes:
Anne County; thence westerly along said magisterial district line to
its intersection of the magisterial district line between Kempsville
Magisterial District and Seaboard Magisterial District near Rosemont:
thence in a southwesterly direction along the line between Kempsville
Magisterial District and Seaboard Magisterial District to its inter-
section with the line between Norfolk County and Princess Anne
County; thence southeasterly to the North Landing River at North
Landing; thence westerly along North Landing River and the Chesa-
peake and Albemarle Canal, which is the Magisterial District line
between Washington Magisterial District and Butts Road Magisterial
District in Norfolk County, to the intersection of said line with State
Highway Route Number 27 at Great Bridge, which highway is the
north-south dividing line between Butts Road Magisterial District
and Pleasant Grove Magisterial District, in Norfolk County; thence
from said point along the Chesapeake and Albemarle Canal, which is
the dividing line between Washington Magisterial District and Pleas-
ant Grove Magisterial District, to the United States Government
Locks; thence along the Southern Branch of the Elizabeth River to the
intersection of the line between Pleasant Grove Magisterial District
and Deep Creek Magisterial District; thence southerly along said
line to the Cornland Road, thence westerly along a line indicated by the
Herron Ditch to the intersection of the Dismal Swamp Canal; thence due
west to the intersection of said line with the county line between
Norfolk County and Nansemond County, thence almost due north
along said line to its intersection with the magisterial district line
between Sleepy Hole and Cypress Magisterial Districts in Nansemond
County; thence westerly along the line dividing Sleepy Hole Magiste-
rial District and Cypress Magisterial District in Nansemond County
to the eastern corporate limits of the city of Suffolk, said line being
the approximate line of the Seaboard Air Line Railway; thence around
the eastern, northern and western corporate limits of said city to the
intersection of the city line and the line dividing Chuckatuck and
Holy Neck Magisterial Districts; thence in a westerly direction along
said line and Seaboard Air Line Railway to its intersection with the
county line between Nansemond and Isle of Wight Counties; thence in
a northeasterly direction along the county line between Nansemond
County and Isle of Wight County to the intersection of the magiste-
rial district line between Newport Magisterial District and Windsor
Magisterial District in Isle of Wight County; thence in a westerly
direction to the intersection of the magisterial district line between
Newport Magisterial District and Hardy Magisterial District which
is approximately coincident with Route 158 of the Virginia State
Highway System; thence in a westerly direction along the magisterial
district line between Hardy Magisterial District and Windsor Magis-
terial District to Route 641 of the State Highway System; thence
southerly along the district line and Route 641 to the intersection of
Route 603, State Highway System; thence westerly to the county
line dividing Isle of Wight County and Southampton County at
Blackwater Bridge; thence northerly along the Blackwater River
which is the dividing line between Isle of Wight County and South-
hampton County to the intersection of said Blackwater River line
with the county line between Isle of Wight County and Surry County;
thence northeasterly along said line to Lawns Creek and along the
same to the James River; thence along said line to the intersection
with the Warwick County line; thence along said line to the place, or
point of beginning.

(b) For the purpose of this act, the term “‘county’”’ means a
county including any portion thereof lying within the boundaries of
an incorporated town.

Section 4. Qualifications of members of Hampton Roads Sani-
tation Commission.—In addition to any other qualifications pre-
scribed by the ‘‘Sanitation Districts Law of Nineteen hundred and
Thirty-Eight’’, and amendments thereof, the members of the Hampton
Roads Sanitation Commission shall have the following qualifications:
two of the members, and each of their successors, shall be residents of
the territory in the Hampton Roads Sanitation District within the
city of Norfolk, the county of Princess Anne and that portion of
Norfolk County contained in Tanners Creek Magisterial District; one
of the members and each of his successors, shall be residents of the
territory in said district within the city of Newport News and the
county of Warwick; one of the members, and each of his successors,
shall be residents of the territory in said district within the city of
Hampton and the counties of Elizabeth City and York; one of the
members, and each of his successors, shall be residents of the territory
in sajd district within the cities of Portsmouth and South Norfolk,
the counties of Isle of Wight and Nansemond, and that portion of
Norfolk county contained in Washington Magisterial District, the
northern half of Deep Creek Magisterial District and Western Branch
Magisterial District.

Section 4-a. Exclusions from Hampton Roads Sanitation Dis-
trict—(a) If within six months after the creation of the Hampton
Roads Sanitation District the councils, boards of supervisors or other
governing bodies of the cities of Hampton and Newport News and
counties of Elizabeth City, Warwick and York shall each and all of
them by resolution duly adopted and filed with the Hampton Roads
Sanitation Commission, determine to proceed under this section, then
and in that event that portion of the territory of the Hampton Roads
Sanitation District included within the limits of said counties and
cities shall be excluded from and shall not constitute part of the
Hampton Roads Sanitation District, and shall thereupon, in accord-
ance with the provisions of the ‘‘Sanitation Districts Law of Nineteen
Hundred and Thirty-eight’, and amendments thereof, and for the
purpose of taking advantage thereof, be created and constitute a
sanitation district with the name and style of ‘Peninsula Sanitation
District”’, in which shall function the Peninsula Sanitation Commis-
sion, with all of the powers granted by such law, and amendments
thereof, and subject to all of the provisions thereof. In such event,
or in the event that any city shall withdraw from the Hampton Roads
Sanitation District in accordance with the provisions of the Sanitation
Districts Law of Nineteen Hundred and Thirty-Eight, as amended, the
provisions of section four of this act shall no longer be operative and the
said Hampton Roads Sanitation District shall comprise and consist of
all of the area defined, bounded and described in section three of this
act not included within the territory of any county, or city, which shall
have withdrawn therefrom in accordance with the provisions of said law
or been excluded therefrom pursuant to the provisions of this section.

(b) Unless the issuance of bonds by the Peninsula Sanitation
Commission shall have been approved in an election held within the
Peninsula Sanitation District within one year after the creation of
the Hampton Roads Sanitation District, then the said Peninsula Sani-
tation District shall thereupon cease to exist at the end of one year
after the creation of the Hampton Roads Sanitation District, and the
area embraced in the Peninsula Sanitation District shall not thereafter
be excluded from the Hampton Roads Sanitation District and shall
comprise part of the territory of the Hampton Roads Sanitation
District.

(c) In the event that the members of the Hampton Roads Sani-
tation Commission shall not be appointed within two months after
the creation of the Hampton Roads Sanitation District, then the date
of the first appointment of such members shall be deemed to be the
date of the creation of such District for all the purposes of this section.

Section 5. Appropriation.—(a) 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 Com-
mission out of any moneys in the State treasury not otherwise ap-
propriated the sum of fifty thousand dollars ($50,000.00) for each
year of the biennium beginning July first, nineteen hundred and forty,
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. It is provided, however, that such appropriation
shall not be available for expenditure, either in whole or in part,
unless and until the Governor has certified to the Comptroller in
writing that the payment of the said appropriation will not, in the
judgment of the Governor, create or add to a deficit in the general
fund of the State treasury, during the biennium which ends June 30,
1942. . _ | | |

(b) The Hampton Roads Sanitation Commission is hereby au-
thorized and directed to assume and pay out of the moneys hereby
appropriated the obligations of the Hampton Roads Sewage Disposal
Commission in a total amount not exceeding seven thousand five
hundred dollars ($7,500.00).

(c) Not exceeding seventeen thousand five hundred dollars ($17,-
500.00) 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 Dis-
posal Commission, before 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) Anact 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 de-
fined, to permit contracts and other arrangements between the coun-
ties, 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
purpose.’”’, approved March twenty-seventh, nineteen hundred and
thirty-four;

(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 com-
pensation; to prescribe the rights, powers and duties of the said com-
mission; 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 carrying out the pro-
visions of this act.”’, approved March twenty-seventh, nineteen hun-
dred and thirty-six; and

(c) An act entitled ‘‘An Act to provide for and create the Hamp-
ton Roads Sanitation District, in which shall function the Hampton
Roads Sanitation Commission; to declare the necessity therefor and
benefits thereof; to provide the boundaries of said districts; to appro-
priate fifty thousand dollars for each year of the biennium beginning
July first, nineteen hundred and thirty-eight to 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 approved
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
Commission”, approved March thirty-first, nineteen hundred and
thirty-eight.
3. Effective date.—(a) The foregoing provisions of this act not
contained in this portion designated as ‘“‘three’’ providing for an
election or referendum, shall not become effective except as provided
in the following paragraphs.

(b) 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?’’, either at the general election in November, nineteen
hundred and forty, or at a special election to be held at such earlier
time, not less than thirty days prior to the date fixed for such general
election, as may be fixed by writ or proclamation of the Governor of
the Commonwealth. Any such writ or proclamation shall designate
a date for holding such special election not less than thirty days from
the date of such writ or proclamation, and may be directed as writs
of election are directed for an election district, or to fill a vacancy in
the General Assembly or in Congress. 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 sub-
stantially the following form:

“Do you favor the creation of the Hampton Roads
Sanitation District?

CO YES
CO No.”

To vote ‘‘Yes’’ on the question, the voter shall place a checkmark
(4/) or cross (+ or X) in the space opposite the word ‘“‘Yes’’; to vote
‘‘No”’ on the question, he shall place a checkmark (4/) or cross (+ or
x) 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 in each county, city and town in which the same
is held.

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, all in such manner as to show
the respective numbers of affirmative and negative votes cast at said
election in each county, city and town in which the same is held.

(c) If upon the certification of the results of the said election
made by the Secretary of the Commonwealth to the Governor 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
“Ves” and in favor of the creation of said Hampton Roads Sanitation
District, then all of 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 Common-
wealth to the Governor 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 Hamp-
ton Roads Sanitation District, then the provisions of this act not con-
tained in this portion designated as ‘‘three’’ providing for an election
or referendum shall not become effective, except as otherwise provided
in subsection (d) of this portion of this act.

(d) If, however, upon the certification of the results of the said
election made by the Secretary of the Commonwealth to the Governor
as aforesaid, it shall appear that a majority of the qualified voters of
the cities of Newport News, Hampton, the town of Phoebus, the
counties of Elizabeth City and Warwick voting on the question at
the said election shall have voted ‘‘Yes’’ and in favor of the creation
of said Hampton Roads Sanitation District, but that a majority of all
the qualified voters voting at the said election shall have voted ‘‘No”,
then all of the provisions of this act shall forthwith become effective
and thereafter be in force with respect to the area comprising the
cities of Newport News, Hampton, the town of Phoebus and the
counties of Elizabeth City and Warwick, which shall, in such event,
constitute and be known as the Hampton Roads Sanitation District,
but the members of the Hampton Roads Sanitation Commission shall,
in such event, be residents of the cities of Newport News, Hampton,
the town of Phoebus, the county of Elizabeth City, or the county of
Warwick.