Chap. 199.—An ACT to amend and re-enact Section 11, as amended, of Chapter
457 of the Acts of Assembly of 1920, approved March 24, 1920, which act
amended and re-enacted, as amended, an act entitled “An Act to extend the limits
of, and provide for electing trustees for, the town of Marion, in the county of
Smyth, and vesting them with certain corporate powers.”’, passed March 15,
1849, so as to make certain changes in the charges to be made for certain serv-
ices. [H 245]

Approved March 11, 1944

Be it enacted by the General Assembly of Virginia:

1. That section eleven, as amended, of chapter four hundred fifty-
seven of the Acts of Assembly of nineteen hundred twenty, approved
March twenty-four, nineteen hundred twenty, which act amended and
re-enacted, as amended, an act entitled “An Act to extend the limits of,
and providing for electing trustees for, the town of Marion, in the
county of Smyth, and vesting them with certain corporate powers.”,
passed March fifteen, eighteen hundred forty-nine, be amended and re-
enacted, as follows:

Section 11. Water, et cetera—1. The town of Marion shall have
the right to acquire, operate, construct, maintain and keep water works,
sewers, gas and electric plants, and any other plants or property which
towns have the right to conduct, maintain, acquire, operate and construct
under the general laws of this State.

2. The town shall have the right to furnish such water, gas, et
cetera, to inhabitants of the town of Marion, and to persons, firms and
corporations within the corporate limits of the town.

3. The town may furnish such water, gas, electricity, and sewer
connections and service, to persons, firms and corporations outside of
the corporate limits of the town of Marion, provided any such person,
firms or corporation shall pay rates to be fixed by the town council, which
rates shall be not less than the rates charged for similar services in the
town nor more than twice the rates charged for similar services in the
town, provided that this section shall not apply to any contracts now in
existence nor which may be negotiated in the future between the State
Hospital Board and the Town of Marion.

4. The town shall not be required to furnish any such services unless
same be paid for in advance, or unless a meter is installed.

5. The town council may refuse to furnish, or to continue to furnish
water, except for domestic purposes exclusively, to any person, firm or
corporation, when it shall determine that such service constitutes such a
use and consumption of the town water, et cetera, as to injure, decrease
or materially impair the volume of the water necessary for the proper
supply of the persons, firms and corporations already receiving their
supply of water, et cetera, from the town, and at any time may refuse to
supply water, et cetera, except for domestic purposes, to any person,
firm or corporation for any reason, by a two-thirds vote of the council.

6. No water, et cetera, shall be furnished to any person, firm or
corporation, until the applicant shall have signed a written contract there-
for, which contract shall not run for more than one year at a time, and
no use of the water of the town without a written contract shall be con-
strued as an implied contract on the part of the town to furnish such
water, et cetera, but the user shall immediately, upon notice, cease to
use the water, and the same may be disconnected by the town without
notice unless and until a contract is signed, and no acquiescence in the
use of the water by the town shall constitute any contract on its part,
nor prohibit the town from immediately disconnecting the water until
and unless a new contract 1s signed. The town council shall have the right
to provide by ordinance that any person using water without such written
contract or using water wastefully shall be punished by fine not exceed-
ing one hundred dollars.

7. There shall be no liability on the part of the town for the failure
to supply water at any time, for any reason, even though contracts may
have been signed therefor, over and above the amount stated in the con-
tract to be paid for the use of such water, and such amount shall be con-
sidered as liquidated damages for the failure to supply any such water.

8. For the purposes of properly conducting its water works, and
other public works, the council may employ such officers, agents, et
cetera, as it may deem necessary, and fix the compensation of the same,
may promulgate and establish rules and regulations in regard to the
use and maintenance of such water, water systems and public works as
it thinks best; may fix the rates for the use of water, et cetera, from its
works, and provide for the collection of the same, except that they shall
be collected by the town collector; may change and alter the rates at any
time, without notice; and the council shall be the sole judge of the rates
to be charged for such service; and the council is granted all the powers
which a municipal corporation has in the operation of its public works.

9. All monies derived from water rents, rates, et cetera, shall be
collected and handled by the collector as other monies of the town are
handled, and shall be subject to the control of the council.

10. The town may maintain, operate and construct sewers and
sewerage systems, and charge for connection therewith, and the use
thereof such rates as the council may deem proper, and may change the
same from time to time. The council may establish and promulgate any
rules and regulations in regard to the connection, or continued use
thereof as it may deem proper; may refuse any connection, and dis-
connect the same if for any reason the connection, or continued use
thereof, becomes inimical to the public welfare, or detrimental to the
sewerage system, or if the charges therefor be unpaid, and the council
shall be the sole judge when the same is to be disconnected or when the
connection is to be refused.

The charges and rates shall be collected as other town monies are
collected.