Chap. 523.—An ACT to provide for better sanitation in and around Weber City
in Estillville District, Scott County, Virginia; to provide for and create
the Weber City Sanitation District in which shall function the Weber City
Sanitation Commission; to declare the necessity therefor and benefits thereof ;
to provide the boundaries of said district; to provide the powers and duties of
the Weber City Sanitation Commission; to provide for the appointment of
said Commission; to provide for the issuance of bonds for the purpose of
carrying out the purposes of said sanitation district; to prescribe the powers
and duties of the Sanitation Commission as to the acquisition, construction,
maintenance and operation of a water supply system and sewerage system in
such district; to provide for the issuance of bonds to raise funds for establishing
of such systems in such district, and to provide for the maintenance thereof,
and for the payment of such bonds. (H 523]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

_ 1. Section 1. Declaration—The prevention or reduction of the
-pollution of the waters of the State in the area hereinafter defined by
the discharge of sewage and industrial waste therein, and the providing
of an adequate water supply for the inhabitants therein is necessary for
the preservation of the health of the people of said area, and the creation
of a Sanitation District comprising said area as hereinafter provided, in
which shall function as a public instrumentality a sanitation commission
with such powers as are hereinafter granted, is hereby determined to be
the most advisable means of preventing or reducing such pollution and
providing an adequate water supply, and a benefit to the people of and
the property in said district comprising said area.

Section 2. Weber City Sanitation District Created—There is
hereby created the Weber City Sanitation District in which shall func-
tion the Weber City Sanitation Commission, with such powers as are
hereinafter granted. i

Section 3. Weber City Sanitation District bounded and described.—
The said Weber City Sanitation District shall embrace a portion of
Estillville Magisterial District in Scott County, Virginia, bounded and
described as follows:

Beginning at the intersection of the north right of way line of State
Highway 23 and 58 and the East Corporation line of town of Gate City ;
thence with said right of way line east to the north right of way line of
Southern Railroad at new highway bridge; thence with north right of
way line of railroad east to railroad bridge crossing Big Moccasin
Creek ; thence up Moccasin Creek 500 feet; thence east a parallel line
with the said railroad to the line of Estillville and Fulkerson Magisterial
Districts; thence south with district lines crossing old highway and
railroad to the foot of Pine Ridge south of Highway 58; thence with
the foot of Pine Ridge west to Big Moccasin Creek; thence with the
said creek to the old J. M. Johnson and Bob Wilhelm line (now Chas.
Peters estate) and Wilhelm subdivision; thence north with this line
to the south side of a subdivision of the late Charles Peters property ;
thence west with this line to road on east side of Johnson Subdivision
now owned by Frank Parker, George King, and others, to the line of
subdivision called Morning Side at the Clonce property; thence with
the outer lines of the Morning Side subdivision east and south to the
southeast corner; thence a line to an intersection of roads Number 707
and 732 east of the Akard home on south side of the Holston River;
thence from intersections of highways No. 707 and 732, a line south to
the Virginia-Tennessee State Line; thence westward with said State Line
to a point 500 feet west of center line of U. S. Highway No. 23; thence
north with a line paralleling U. S. Highway 23 to a branch east of H.
W. Ketron property and on the Dr. Corns property; thence with this
branch to the Holston River; thence with river and down same to a
point 500 feet south of intersection of highways 614 and 714; thence
a line parallel with the Yuma Road or Highway 614 west to Highway
640; thence southwardly along said Highway 640 to the H. H. Taylor
north property line; thence west with H. H. Taylor north property
line to a point 500 feet south of underpass of the Yuma Road; thence
west with a line parallel with said road or Highway 614 to a point 500
feet south of intersection of Highways 614 and 638; thence north with
Highway 638 to intersection with Highway 614; thence north with
Highway 614 to a point 300 feet north of said intersection; thence east
a parallel line with Highway 614 to the west line of Southern Railroad
right of way ; thence with said railroad right of way east to the west line
of the subdivision of the John M. Johnson property; thence north with
this line to the Little Poor Valley at foot of Clinch Mountain ; thence
with this valley along the foot of Clinch Mountain east to the south line
of the William Jayne subdivision ; thence west and north with the lines
of this subdivision to the intersection with the right of way of proposed
location of State Highway 23 at a point south of the residence of the
said William Jayne; thence with line of proposed location of Highway
23 to the subdivision of the Fannie Kane estate; thence south with the
east line of this subdivision to the south line of lots of this subdivision;
thence with the same west to an intersection with the east corporation line
of town of Gate City extended south; thence north with the said
corporation line of town of Gate City to the beginning.

Section 4. Weber City Sanitation Commission created.—There is
hereby created the Weber City Sanitation Commission which shall be
a body corporate and politic to be known and designated as Weber City
Sanitation Commission, to manage and control the functions, affairs and
property of the said corporation and to exercise all of the rights, powers
and authority and perform all of the duties conferred or imposed upon
the corporation, and as such shall have and may exercise all powers
which are hereinafter specifically enumerated and which are now or
hereafter may be conferred upon or delegated under the Constitution and
laws of the Commonwealth of Virginia, and shall have, exercise and
enjoy all the rights, immunities, powers and privileges and be subject
to all the duties and obligations now appertaining to and incumbent
on said commission as a sanitation commission or district, and the said
Weber City Sanitation Commission, as such, shall have perpetual suc-
cession, may sue and be sued, implead and be impleaded, contract and be
contracted with, and may have a corporate seal which it may alter,
renew, or amend, at its pleasure by proper resolution. The Weber City
Sanitation Commission, constituting a corporation as aforesaid, is
hereby invested with the rights, powers and authority and charged with
the duties set forth herein, and shall constitute a political subdivision of
the Commonwealth of Virginia established as a governmental instrumen-
tality to provide for the public health and welfare; and the bonds of the
Commission or district, and the property owned or operated by such
district or commission shall be exempt from all taxation.

Section 5. Appointment of Weber City Sanitation Commission and
Organization.

(a) The Weber City Sanitation Commission shall consist of five
members, residents of the district, appointed by the State Health Com-
missioner on or before the first day of July, nineteen hundred forty-nine,
one of whom shall be appointed for a term of one year, one for a term
of two years, one for a term of three years and two for a term of four
years, and subsequent appointments shall be for terms of four years
except appointments to fill vacancies which shall be for the unexpired
terms. The State Health Commissioner shall designate one of the
members of the commission, chairman thereof. The commission under
such rules as it may adopt, may elect one of its members vice-chairman,
and may appoint a secretary, or secretary-treasurer, who shall not be a
member of the commission; in the event that the Commission appoints
a secretary-treasurer, his compensation shall be fixed by the Commission.

(b) Until the appointment by the State Health Commissioner as
hereinbefore provided, and until their successors in office shall be duly
appointed and qualified, J. F. Bushelman shall be Chairman of the
Commission, and G. L. King, E. M. McConnell, A. D. Blanton and Lee
Foster shall be members of the commission. The chairman shall receive
as compensation for his services whatever sum is fixed by the com-
mission. 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 of the commission or while otherwise
engaged in the discharge of their duties, and the sum of ten dollars per
diem for each day or portion thereof in which they are engaged in the
performance of such duties, but the total of such per diem compensation
so received by any member during any one year shall not exceed three
hundred dollars.

(c) The commission shall by resolution adopt such rules as it might
deem proper for the regulation of its proceedings and shall meet at such
times as may be prescribed by resolution, provided, however, that it
shall hold at least one regular meeting each month. A majority of the
commission shall constitute a quorum for the transaction of business,
but no resolution shall be adopted having for its object the issuance of
bonds or contracting a debt except by a vote of three-fifths of the com-
mission. The meetings of the commission shall be public unless the
commission by a recorded affirmative vote of three-fifths of its members
shall declare that the public welfare demands an executive session of the
commission. Special meetings of the commission shall be held upon one
day’s mailed notice, or actual notice otherwise given, to each member of
the Commission upon call of the chairman or of any two members of the
commission, at such time and at such place within the district as such
notice may specify, or at such other time and place with or without
notice as all of the members of the commission may expressly approve.
The secretary of the commission shall attend the meetings of the com-
mission and shall keep permanent records of its proceedings, which
shall be open to public inspection at any reasonable time; he shall be
custodian of all documents, papers, and records pertaining to the
commission.

d) Members of the commission may be suspended or removed by
the State Health Commissioner at his pleasure.

(e) Each member of the Commission and all officers of the com-
mission shall take and subscribe the oath of office required by general
law before entering upon the discharge of his duties, and give bond
payable to the Commonwealth of Virginia, in such penalty as shall be
fixed from time to time by the State Health Commissioner, with some
surety or guaranty company duly authorized to do business in Virginia,
as surety conditioned upon the faithful discharge of his duties. The
premium of such bonds shall be paid by the commission and the bonds
shall be filed with and preserved by the Comptroller of Virginia.

(f) No member, agent or employee of the commission shall contract
with the commission or be interested, either directly or indirectly in any
contract with the commission, or in the sale of property, either real or
personal, to the commission. This section shall not prevent any member,
agent or employee of the commission from granting to the commission,
for a nominal consideration, any right of way, easement or lease.

g) All contracts, except in cases of emergencies, over five thousand
dollars that the commission may let for construction or material shall be
let after public advertising. The commission shall advertise for bids
for the work or materials at least ten days prior to the letting of any
contracts therefor. The advertisement shall state the place where bidders
may examine the plans and specifications and the time and place where
bids for said work or materials will be opened. Each bidder shall
accompany his bid with a certified check, payable to the commission, as
a guarantee that if the contract is awarded to him, he will enter into
a contract with the commission for doing said work or furnishing said
materials. The contract shall be let to the lowest responsible bidder, and
the successful bidder shall give bond or other security for the faithful
performance of the contract, in such form and amount as the chairman
may require. The commission is authorized to reject any and all bids.
In the event that all bids are rejected, the commission shall advertise
for new bids as in the first instance. All such bids and contracts shall
be public records. The commission is authorized, in its discretion, to do
any and all such work by force account.

(h) The powers of condemnation and eminent domain conferred
on the commission by this act shall be exercised by the said commission
under the same conditions and provisions and in accordance with the
same procedure as in the case of the exercise of similar powers by the
boards of supervisors of counties or the councils of cities or towns so far
as they can be applied to the same.

(i) No pecuniary liability of any kind shall be imposed upon Scott
County because of any act, contract, agreement, tort, malfeasance, mis-
feasance, or nonfeasance, by or on the part of the commission, or any
member of such commission, or its agents, servants and employees.

Section 6. Powers of the commission.—In addition to the powers
elsewhere mentioned in this act and the powers conferred by the general
law and the Constitution, the said Weber City Sanitation Commission
shall have the following powers:

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

(2) To sue and be sued, contract and be contracted with.

(3) To contract debts, borrow money and make and issue evidences
of indebtedness.

(4) To expend the money of the commission or district for all

wis ha

To acquire by purchase, gift, devise, condemnation or other-
wise capaion real or personal, or any estate therein, necessary or
convenient for the purposes of the commission, subject to mortgages,
deeds of trust, or other liens or otherwise, and to hold and to use the
same, and to dispose of property so maces no longer necessary for
the purposes of the commission.

(6) To borrow money for the purposes of the commission and
to issue therefor its bonds, and to provide for and secure the payment of
its bonds and the rights of the holders thereof, and to fund or refund
its bonds by the issuance of bonds hereunder.

(7) To own, operate and maintain waterworks and to acquire in
any lawful manner such water, lands, property rights, and riparian
rights as the commission may deem necessary for the purpose of pro-
viding an adequate water supply to the district and piping and conducting
the same; to lay, erect and maintain all necessary mains and service lines
for the distribution of water to its customers and consumers, and to
charge and collect water rents therefor; to erect and maintain all neces-
sary dams and filtration plants, pumping stations and other works in
connection therewith; to make reasonable rules and regulations for
promoting the purity of its said water supply and for protecting the
same from pollution; and for this purpose to prevent by injunction any
pollution or threatened pollution of such water supply, and any and all
acts likely to impair the purity thereof.

(8) To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to
connect therewith and to establish, construct, maintain and operate
sewage disposal plants, and to acquire by condemnation or otherwise,
within or without the district, all lands, rights of ways, riparian and
other rights, and easements necessary for the purpose aforesaid, and
to charge, assess, and collect reasonable fees, rentals, assessments or
cost of service for connecting with and using the same.

(9) To establish, impose, and enforce the collection of water and
sewage rates, and to assess, or cause to be assessed, after reasonable
notice to the owner or owners, water and sewerage rates and charges
directly against the owner or owners of the buildings or against the
proper tenant or tenants; and in event such rates and charges shall be
assessed against a tenant or owner or owners then the commission may
require of such tenant or owner or owners a deposit of such reasonable
amount as it may prescribe before furnishing such service to such tenant,
or owner or owners.

(10) To accept gifts or grants of real or personal property, money,
material, labor or supplies for the purposes of the commission and to
make and perform such agreements and contracts as may be necessary
or convenient in connection with the procuring or acceptance of such
gifts or grants.

(11) To enter upon lands, water and premises for the purpose of
making surveys, borings, soundings and examinations for the purposes
of the commission.

(12) To make and enforce rules and regulations for the manage-
ment and regulation of its business and affairs and for the use, mainten-
ance and operation of its facilities and properties, and to amend the
same.

(13) To require the abutting property owners to connect with any
water system which may be owned or operated by the commission.

(14) To negotiate and contract with any person, firm, corporation,
municipality, or sanitary district in regard to connections ‘of any water
system or sewerage system owned or operated by the commission, with
the water systems or sewerage systems owned or operated by any such
person, firm, corporation, municipality or sanitary district.

(15) To do and perform any acts and things authorized by this
act under, through or by means of its own officers, agents and employees,
or by contract with any persons.

(16) To execute any and all instruments and do and perform any
and all acts or things necessary, convenient or desirable for the purposes
of the commission or to carry out the powers expressly given in this act.

Section 7. Fees; rents and other charges——(a) The commission
is hereby authorized and empowered to charge and collect fees, rents, or
other charges for the use and services of the water system or sewage
disposal system. And the same may be charged to and collected from
any person contracting for the same or from the owner or lessee or
tenant, who uses or occupies any real estate which directly or indirectly
is or has been connected with the water system or sewage disposal
system, and the owner or lessee or tenant of any such real estate shall pay
such fees, rents and charges to the commission at the time when and
place where such fees, rents and charges are due and payable.

(b) The commission shall prescribe and from time to time when
necessary revise a schedule of such fees, rents and charges which shall
comply with the terms of any contract of the commission with the hold-
ers of bonds of the commission and in any event the same shall be such
that the revenues of the commission will at all times be adequate to pay
all expenses of operation and maintenance of the water system or sewage
disposal system of the commission, necessary to preserve said systems and
to assure their operation as a going concern, including reserves, insur-
ance, extensions, and replacements, and to pay punctually the principal
of and interest on any bonds or other indebtedness of the commission and
to maintain adequate reserves or sinking funds therefor. Said schedule
shall be so prescribed and from time to time revised by the commission
after public hearing which shall be held by the commission upon such
public notice as the commission may determine to be reasonable. The
commission shall likewise fix and determine the time or times when
and the place and places where such fees, rents and charges shall be due
and payable and may require that such fees, rents and charges shall be
paid in advance for periods of not more than six months.

A copy of the schedule of all the fees, rents and charges in effect
shall at all times be kept on file at the principal office of the commission,
an such schedules shall at all reasonable times be open to public

nspection.

(c) In the event that the fees, rents and charges, charged by the
commission for the use and services of the water system or the sewage
disposal system by or in connection with any real estate shall not be
paid as and when due, then and at that time interest shall begin to accrue
thereon at the rate of one per centum per month and the owner, lessee
or tenant, as the case may be of such real estate shall, until such fees,
rents and charges shall be paid with such interest to the ‘date of payment,
cease to take water from the water system and to dispose of sewage or
industrial wastes originating from or on such real estate by discharge
thereof directly or indirectly into the sewage disposal system, and if such
owner, lessee or tenant shall not cease to take water from the water
system or shall not cease such sewage disposal within two months
thereafter, it shall be the duty of the commission to cease supplying
water to and selling water for use on such real estate. The commission is
hereby authorized to shut off the supply of water to such real estate
and for such purpose, may enter on any lands and premises within the
district.

(d) The commission shall keep and preserve a complete register
or registers, open to public inspection, of all fees, rents and other charges
which have been charged by the commission to the owners or lessees
or tenants of any real estate for the use and services of the water system
and sewage disposal system and have become due and payable and
have not been paid. Such register or registers shall be kept in such
place or places as the commission shall determine.

(e) From any action of the Sanitation Commission in prescribing
fees, rents and charges, or either of them pursuant to the provisions of
this act, an appeal may be taken upon the petition of any fifty persons,
resident or doing business in the district, to the State Corporation Com-
mission. At least sixty days prior to filing such petition with the State
Corporation Commission, such interested parties shall notify the Sani-
tation Commission of such intended petition and of the fees, rerits and
charges complained of, in order that the Sanitation Commission may be
afforded an opportunity to make such changes in such fees, rents and
charges, as it shall deem proper. After such petition shall be filed with
the State Corporation Commission and after such petitioners shall have,
if required by the State Corporation Commission, executed and filed with
the State Corporation Commission a bond payable to the Commonwealth
and sufficient in amount, but not in excess of five hundred dollars, as
security to insure the prompt payment of all costs which may be assessed
against such petitioners, and after such petitioners shall have caused to
be published in at least one newspaper, designated by the commission
and of general circulation within the district, such notice of such appeal
as shall be prescribed by the State Corporation Commission, the State
Corporation Commission is authorized to make such examinations and
studies, to hold such hearings as may be required, to issue subpoenas
requiring the attendance of witnesses and the production of records,
memoranda, papers and other documents before the State Corporation
Commission or any officer or t thereof, to administer oaths and to
take testimony thereof, and to fix in accordance with the provisions of
this act, subject to the right of further appeal by the Sanitation Commis-
sion or the said interested parties to the Supreme Court of Appeals, such
fees, rents and charges. In each such proceeding the State Corporation
Commission shall estimate the cost incurred by it, including in such
cost actual expenses incurred and a fair apportionment of overhead
expenses, and shall assess the same against either the petitioner or
petitioners, or the Sanitation Commission, or shall apportion the costs
between the petitioner or petitioners and the Sanitation Commission,
according to principles applicable in courts of equity.

Section 8. Issuance of. Bonds.—(a) Bonds of the commission
shall at no time be outstanding in a principal amount in excess of one
million dollars.
(b) No bonds shall be issued by the commission except to fund
or refund bonds theretofore issued and thus to redeem a previous
liability, unless the qualified voters of the district shall approve by a
majority vote of the qualified voters voting in an election the issuance
of the bonds. Whenever the commission shall determine by resolution
that it is advisable to issue bonds for the purposes of the commission, such
resolution shall be certified to the Scott County Circuit Court and said
court shall thereupon make an order requiring the opening of a poll
and the taking of the sense of the qualified voters of the district in ac-
cordance with Section one hundred ninety-seven-a of the Code of Vir-
ginia on the question of issuing the bonds in not exceeding the amount
stated in such resolution. The question so submitted shall be “Do you
favor the issuance of not exceeding $............-....-- bonds of the Weber
City Sanitation District Commission?” If upon the certification of the
result of the said election made by the proper election officials to said
court, it shall appear that a majority of the qualified voters of the dis-
trict voting at the said election shall have voted “yes” and in favor of
the issuance of the bonds, the court shall make and enter of record an
order stating such result and thereupon the commission shall have power
to issue bonds in not exceeding the amount stated in such resolution
and, in anticipation of the issuance of such bonds, to borrow money on
temporary loan and issue temporary bonds therefor. All other matters
relating to the issuance of such bonds, and all matters relating to the
contracting of debt, borrowing of money and issuing of other bonds
and obligations shall be determined by resolution or resolutions of the
commission,

(c) Bonds shall be authorized by resolution of the commission, and
shall be issued from time to time in one or more series, be in such form,
bear such date or dates, mature at such time or times not more than forty
years from the date of issuance thereof, bear interest at such rate or rates
not exceeding six per centum per annum, be in such denominations, carry
such registration privileges, be executed in such manner, be payable in
such medium of payment, at such place or places, be subject to accelera-
tion of maturity on such contingencies and terms, and be subject to
such terms of redemption with or without premium, as such resolution
or resolutions shall provide. Such bonds may be sold at public or
private sale for such price or prices as the commission shall determine,
provided the interest cost to maturity of the money received from any
such bonds simultaneously sold shall not exceed an average of six per
centum per annum.

(d) Any resolutions of the commission authorizing any bonds may
contain provisions, which shall be a part of the contract with the several
holders of such bonds and accordingly subject to amendment by mutual
agreement of the commission and the holders of all such bonds, as to:

(1) Pledging, setting aside, depositing or trusteeing any or all
revenues or funds of the commission to secure the payment of the
principal of or interest on such bonds or other bonds of the commission
or the payment of expenses of construction, operation or maintenance
of the water system and sewage disposal system, including provisions
giving priority, notwithstanding any provision or rule of law otherwise
to the contrary, to the obligation to perform such contractual provisions
to secure payment of such principal or interest over any or all other
obligations and liabilities of the commission ;

(2) Payment of the principal of or interest on such bonds or other
bonds of the commission, and the sources and methods thereof ;

(3) The fees, rents and other charges to be established and col-
lected by the commission, the collection and enforcement of the same,
and the use, disposition and application of the amounts collected ;

(4) The setting aside of reserves and sinking funds and the source,
regulation, application and disposition thereof ;

(5) The determination or definition of the revenues and income of
the commission and of the expenses of operation and maintenance of
the water system or sewage disposal system ;

(6) The use, regulation, operation, maintenance, insurance and
disposition of the water system or sewage disposal system, facilities
and other property of the commission ;

(7) Restrictions on the power of the commission to limit and
regulate the use of the water system or sewage disposal system, facilities
and other property of the commission ;

Limitations on the purposes to which the proceeds of such
bonds or other bonds of the commission may be applied ;

(9) The construction and completion of all or any part of the water
system or sewage disposal system or any facilities of the commission ;

(10) Limitations on the issuance of additional bonds or on
the indebtedness of the commission ;

(11) The procedure, if any, by which the terms of any contract
with the holders of such bonds may be amended or abrogated, the
amount of bonds the holders of which must consent thereto, and the
manner in which such consent may be given or evidenced ;

(12) Payment of costs or expenses incident to the enforcement of
such bonds or of the provisions of such resolution or of any contract
with the holders of such bonds, in accordance with this act; or

(13) Any other matter which the commission shall determine to be
necessary in order to carry out and effectuate the purposes of the
commission.

(e) Any provisions of law to the contrary notwithstanding, any
bonds or temporary bonds issued pursuant to the authority of this act
shall be deemed to be fully negotiable within the meaning and for all
the purposes of chapter two hundred and thirty-three of the Code of
Virginia.

(f) Neither the members of the commission, nor any person
executing any bonds or temporary bonds shall be liable personally on
the bonds or temporary bonds or be subject to any personal liability or
accountability by reason of the issuance thereof.

(g) The commission is hereby authorized, out of any funds avail-
able therefor, to purchase any bonds of the commission at a price not more
than the redemption price thereof on the next succeeding redemption date
or, if such bonds be not redeemable, the principal amount thereof,
together with, in either case, interest accrued to the date of purchase.

Section 9. Special remedies of bond holders—(a) The provisions
of this section shall be applicable to a series of bonds of a commission
only if the resolution or resolutions authorizing such series of bonds
shall provide in substance that the holders of the bonds of such series shall
be entitled to all the benefits, and be subject to the provisions of this
section.

(b) In the event that the commission shall default in the payment
of the principal of or interest on any bonds of such series after the
same shall become due, whether at maturity or upon call for redemption,
and such default shall continue for a period of thirty days, or in the
event that the commission shall fail or refuse to comply with the pro-
visions of this act relating to or affecting the payment or security of such
bonds or the collection of fees, rents or charges, or other revenues
therefor, or shall fail or refuse to carry out and perform the terms of
any contract with the holders of any of such bonds, and such failure or
refusal shall continue for a period of thirty days after written notice
of its existence and nature to the commission the holders of twenty-five
per centum in aggregate principal amount of such bonds then outstanding,

y instrument or instruments filed with the Governor and proved or
acknowledged in the same manner as a deed to be recorded, may appoint
a trustee to represent the holders of all bonds of such series for the
purposes herein provided.

(c) Such trustee may, and upon written request of the holders of
twenty-five per centum in principal amount of the bonds of such series
then outstanding shall, in his or its name;

(1) By mandamus or other suit, action or proceeding at law or
in equity, enforce all rights of the holders of such bonds, including the
right to require the commission to collect fees, rents and other charges
adequate to carry out any agreement as to, or pledge of, such fees, rents
or other charges, or the revenues therefrom, and to require the com-
mission to carry out and perform the terms of any contract with the
holders of such bonds or its duties under this act;

(2) Bring suit upon all or any part of such bonds;

(3) By action or suit in equity, require the commission to account
as if it were the trustee of an express trust for the holders of such

ds;

(4) By action or suit in equity, enjoin any act or thing which may
be unlawful or in violation of the rights of the holders of such bonds;

(5) Declare all such bonds due and payable, whether or not in
advance of maturity, and, if all defaults shall be made good, then with
the consent of the holders of twenty-five per centum of the principal
amount of such bonds then outstanding, annul such declaration and its
consequences, provided that before declaring such bonds due and pay-
able, the trustee shall first give thirty days’ notice in writing to the
commission.

(d) If the resolution or resolutions authorizing such series of
bonds shall contain the provisions authorized by subsection (a) of this
section and shall further provide in substance that any trustee appointed
pursuant to this section shall have the powers provided by subsection (c)
of this section, then such trustee, whether or not all of the bonds of such
series shall have been declared due and payable, shall be entitled as of
right to the appointment of a receiver, who may enter upon and take
possession of any facilities or property operated by the commission any
of the revenues from the operation of which are pledged for the security
of such bonds, and operate and maintain the same and fix, charge, collect
and receive all fees, rents and other charges and other revenues there-
after arising from such operation in the same manner as the commission
itself might do, and shall deposit all moneys collected in a separate
account and apply the same in accordance with the duties and contracts
of the commission in such manner as the court appointing such receiver
shall direct.

(e) In any suit, action or proceeding by such trustee, the fees,
counsel fees and expenses of such trustee and of the receiver, if any,
shall constitute taxable costs and disbursements, and all costs and dis-
bursements, allowed by the court shall be a first charge upon any fees,
rents and other charges, and revenues of the commission pledged for the
payment or security of such bonds.

(f) Said trustee shall, in addition to the foregoing, have and
possess all of the powers necessary or appropriate for the exercise of any
functions specifically set forth herein or incident to the general represen-
tation of the holders of the bonds of such series in the enforcement and
protection of their rights.

Section 10. Interim certificates——Pending the preparation, execu-
tion and delivery of definitive bonds of the commission to the purchaser
or purchasers of such bonds, interim certificates or other obligations may
be issued by the commission to said purchaser or purchasers. Such
interim certificates or obligations shall be in such form and contain
such terms, condition and provisions as the commission may determine.

Section 11. Agents and employees of commission.—The chairman
is hereby authorized and empowered to appoint all agents and employees
of the commission, dismiss them, assign their positions and titles, define
their respective powers and duty, and fix their salaries and remuneration
subject to the approval of the commission.

Section 12. Use of public places—lIn order to carry out and
effectuate the purposes of the commission, the commission is hereby
authorized to construct and operate its water mains, conduits, pipe
line, sewer trunk lines, intercepting and outlet sewer, along, over, under
and in any streets, alleys, highways and other public places within the
district; in so constructing its facilities, it shall see that the public use
of such streets, alleys, highways and other public places is not unneces-
sarily interrupted or interfered with and that such streets, alleys, high-
ways and other public places are restored to the former usefulness and
condition within a reasonable time.

Section 13. Approval of water system and disposal method.—The
methods proposed to be used by the commission for purifying the water
and treating and disposing of sewage and industrial wastes shall, before
being finally adopted or used by the commission, be approved by the
State Health Commissioner as effective and satisfactory for the purpose
intended.

Section 14. Prohibition of pledge or mortgage of systems.—The
commission shall have no power to mortgage, pledge, encumber or other-
wise dispose of any part of the water system or sewage disposal system
of the commission, except such part or parts thereof as may be no
longer necessary for the purposes of the commission. The provisions of
this section shall be deemed to constitute a contract with the holders of
bonds of the commission.

Section 15. Funds of commission—(a) All monies of the com-
mission, whether derived from the sales of bonds or other obligations
or from the collection of fees, rents and other charges charged by the
commission or from any contract of the commission or from any other
source shall be collected, received, held, secured and disbursed in accord-
ance with any contract of the commission relating thereto.

(b) All such monies shall be deposited by the commission in a
separate bank account or accounts, appropriately designated, in such
banks or trust companies as may be designated by the commission.

Section 16. Accounts and records.—The commission shall keep
and preserve complete and accurate accounts and records of all monies
received and disbursed by it and of all of its business and operations and
of all property and funds owned or managed by it or under its control,
and shall prepare and transmit to the Governor, annually, complete and
accurate reports as to the state and content of such accounts and records.

Section 17. Collection of rents and service charges.—The commis-
sion shall have the right to recover the amount of any fees, rents or
other charges charged by the commission to the owner or lessee or
tenant or contracting party for the use and services of the water system
and sewage disposal system by or in connection with such real estate
and of the interest which may accrue thereon, by any action, suit or
proceeding permitted by law or in equity.

Section 18. Liability on bonds of commission—The bonds, notes’
and other obligations, and any indebtedness, of the commission shall not
be in any way a debt or liability of the State, or of Scott County and shall
not create or constitute any indebtedness, liability or obligation of the
State or of Scott County, either legal, moral or otherwise, and nothing
in this act contained shall be construed to authorize the commission or
district to incur any indebtedness on behalf of or in any way to obligate
the State or Scott County.

Section 19. Definitions—Whenever in this act the term “commis-
sion” is used or referred to, the term shall mean the Weber City Sani-
tation Commission.
Section 20. Partial invalidity—If any provision of this act is
declared unconstitutional by any court of competent jurisdiction such
judgment shall not affect, impair or invalidate the remainder of the
said act, but shall be confined in its operation to the clause, sentence,
paragraph, provision or part thereof directly involved in the controversy
in which said judgment shall have been rendered.

Section 21. An emergency existing, this act shall be in force from

its passage.