CHAPTER 435

AN ACT to amend and reenact § 15-748 of the Code of 1950, re-
lating to sale of water by certain cities to other cities and for
the sale of water distribution systems and appurtenances.

[S 334]

Approved April 6, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 15-748 of the Code of 1950 be amended and reenacted
as follows:

§ 15-748. No city in this State which owns or controls a water
works system and which is authorized by its charter, or by general
law, to sell or supply water to persons, firms or industries residing
or located outside of its city limits shall be permitted to sell,
supply or dispose of its water to the inhabitants, firms, corpora-
tions or industries of any other city, without the consent of such
latter city; nor shall it operate any part of its water works system
or occupy or use the streets, lanes, parks or other public places
in such latter city without first obtaining such consent. And when
cities are situated on the east and west side of the Elizabeth river,
the city located on the east side of the river shall not sell, dispose
of or deliver to consumers water in any city on the west side of
the river, or within three miles of the corporate limits thereof;
nor shall the city located on the west side of the river sell, dispose
of or deliver to consumers water in any city on the east side of
the river, or within three miles of the corporate limits thereof;
except that a city situated on the west side of the river and having
a population of not less than fifty thousand persons nor more than
one hundred thousand, may sell, dispose of, or delwer water to
consumers in any city situated on the east side of the river and
having a population of not less than ten thousand persons nor more
than thirty-thousand upon an agreement entered into between the
councils of such cities, which agreement shall be entered upon
the minutes of the council of each city.
Provided, however, that in the event any city situated on the
east side of said river and having a population of over 140,006
now owns the water distribution system in such other city situated
on the east side of said river and having a population of not less
than 10,000 nor more than 30,000 and is now supplying water to
consumers in such other city, before any such city situated on the
west side of said river shall so supply water to the consumers of
any such other city situated on the east side of said river, such
other city situated on the east side of said river the consumers in
which are to be 80 supplied with such water, shall rest under the
duty to acquire and shall have the right to acquire by purchase
from the city now owning said water distribution system, and now
supplying water to the consumers in such other city located on the
east side of said river, the entire water distribution system includ-
ing all the water mains, meters, pipes and appliances located
within any such other city situated on the east side of said river,
together with all water mains and appliances extending from such
distribution system and used to supply water to consumers in any
county adjoining any such other city situated on the east side of
said river; and the purchase price of the same shall be determined
by three appraisers, one to be appointed by the city owning the
same, one by the city required herein to acquire the same, and the
third by the chairman of the State Corporation Commission, and
the appraisal fixed by a majority of the said appraisers shall be
binding on such cities.