CHAPTER 324

An Act to amend and reenact §§ 3 and 12a, as amended, of Chapter 161 of
the Acts of Assembly of 1926, approved March 17, 1926 which was
continued in effect by § 21-120 of the Code of Virginia, relating to
sanitary districts in certain counties and to further amend said
Chapter by adding thereto new sections numbered 3b, 3c, 12 b-1, 12
b-2, and 12 b-8 so as to permit sewerage systems of such districts to
be transferred to the county under certain circumstances, to permit the
governing body of such sanitary districts to construct, acquire and
operate systems of streets, roads, curbs and gutters and storm drains,
to permit the formation of a “local district” within the “small district”
and to define the powers and duties of the governing body in connection
therewith, to provide for the dissolution of such sanitary districts,
“small districts” and “local districts’ and to validate previous actions
af such governing bodies with respect to the creation of “small dis-

tricts’’.
(S 376]
Approved April 1, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 3 and 12a, as amended, of Chapter 161 of the Acts of Assem-
bly of 1926, approved March 17, 1926 which was continued in effect by
§ 21-120 of the Code of Virginia be amended and reenacted and that said
Chapter be further amended by adding thereto sections numbered 3b, 3c,
12 b-1, 12 b-2, and 12 b-3, the amended and new sections being as follows:

§ 8. After the entry of such order creating a sanitary district of such
county, the board of supervisors or other governing body hereinafter re-
ferred to as “board of supervisors” thereof shall have the following powers
and duties, subject to the conditions and limitations hereinafter prescribed.

(a) To construct, reconstruct, maintain, alter, improve, add to and
* operate motor vehicle parking lots, water supply, drainage, sewerage,
garbage disposal, heat, light, power, gas, * sidewalk and fire fighting sys-
tems, for the use and benefit of the public in such sanitary district and as to
such motor vehicle parking lots * systems to make such charges for the use
of such facilities as may be prescribed by * said board or body.

(a-1) To acquire, maintain and operate, within such sanitary district,
such community buildings and other recreational facilities as the board may
deem expedient or advisable, and to make such charges for the use of such
facilities as may be prescribed by the board.

(b) To acquire by gift, condemnation, purchase, lease or otherwise,
and to maintain and operate any such motor vehicle parking lots, water
supply, drainage, sewerage, garbage disposal, heat, light and power and gas
and sidewalk * and fire fighting systems in such district.

(c) To contract with any person, firm, corporation, municipality,
county, authority or the Federal government or any agency thereof to
acquire, construct, reconstruct, maintain, alter, improve, add to and oper-
ate any such motor vehicle parking lots, water supply, drainage, sewerage,
garbage removal and disposal, heat, light, power, gas, sidewalk and fire
fighting systems in such district, and to accept the funds of, or to reimburse
from any available source, such person, firm, corporation, municipality,
county, authority or the Federal government or any agency thereof for
either the whole or any part of the costs, expenses and charges incident to
the acquisition, construction, reconstruction, maintenance, alteration, im-
provement, addition to and operation of any such system or systems.

(d) To require owners or tenants of any property in the district to
connect with any such system or systems, and to contract with the owners
or tenants for such connections. In order to require owners or tenants of
any property in the district to connect with any such system or systems,
the board of supervisors shall have power and authority to adopt ordinances
so requiring owners or tenants to connect with such systems, and to use
the same, and the board of supervisors shall have power to provide for a
punishment in the ordinance of not exceeding a fifty dollar fine for each
failure and refusal to so connect with such systems, or to use the same.
Before adopting any such ordinance the board of supervisors shall give
public notice of the intention to propose the same for passage by posting
hand bill notices of such proposal in three or more public places in the
sanitary district at least ten days prior to the time the ordinance shall be
proposed for passage. The ordinance shall not become effective after its
passage until ten days like notice has been given by posting copies of such
ordinance in three pr more public places in the district. Violations of such
ordinances shall be tried before the trial justice court of the county ,as is
provided for trial of misdemeanors, and with like right of appeal.

(e) To fix and prescribe the rates of charge for the use of any such
system or systems and to provide for the collection of such charges. And to
enable the board to enforce the collection of charges for the use of any such
system against the person or persons, firm or corporation using the same,
the charges when made for the use of any such system shall be collectible by
distress, levy, garnishment, attachment or otherwise without recourse to
court procedure, except so far as the selected procedure may require the
same. And the board shall have power to designate as its agent for the
purpose of collection such officer or officers, person or persons as it may
determine, and the officer or officers, person or persons shall be vested with
the same power and authority as a sheriff or constable may have in like
procedure.
Any unpaid charge shall become a lien superior to the interest of any
owner, lessee or tenant, and next in succession to county taxes, on the real
property on which the use of any such system was made and for which the
charge was imposed; provided, however, such lien shall not bind or affect
a subsequent bona fide purchaser of such real estate for valuable considera-
tion without actual notice of such lien, except and until from the time that
the amount of such charge is entered in the Judgment Lien Docket kept in
the office where deeds may be recorded in the political subdivision wherein
the real estate or a part thereof is located. It shall be the duty of the clerk
in whose office deeds may be recorded to keep and preserve and hold avail-
able for public inspection such Judgment Lien Docket and to cause entries
to be made and indexed therein from time to time upon certification by the
board for which he shall be entitled to a fee of fifty cents per entry to be
paid by the board and added to the amount of the lien.

Such lien on any real estate may be discharged by the payment to the
board of the total amount of such lien, and interest at the rate of six per
centum per annum from the date * such charge was due and payable which
may accrue to the date of such payment, and the entry fee of fifty cents,
and it shall be the duty of the board to deliver a certificate thereof to the
person paying the same, and upon presentation thereof and the payment
of the further fee of twenty-five cents by such person, the clerk having the
record of such lien shall mark the entry of such lien satisfied.

Jurisdiction to enforce any such lien shall be in equity, and the court
may decree the real estate subject to the lien, or any part thereof, to be
sold and the proceeds applied to the payment of such lien and the interest
which may accrue to the date of such payment.

Nothing * contained herein shall be construed to prejudice the right of
the board to recover the amount of such lien, or of the charge, and the
interest which may accrue, by action at law or otherwise.

In providing for the collection of charges the board may direct that
such charges be included on the annual tax bill for the real property to
which service is rendered, and when so included such charges shall be sub-
ject to the same provisions for collection as apply in the case of the collec-
tion of real property taxes. The board, in its discretion, shall establish
the procedures and methods of assessment of such charges, determine the
amount of such charges and the period or periods for which such charges
shall be applicable, and shall otherwise arrange for the inclusion of such
charges on the annual tax bill. .

(f) To employ and fix the compensation of any technical, clerical,
or other force and help which from time to time, in their judgment, may be
deemed necessary for the construction, operation or maintenance of any
such system or systems.

(g) To negotiate and contract with any person, firm, corporation,
county, authority or municipality with regard to the connection of any sys-
tem or systems with any other system or systems now in operation or here-
after to be established, and with regard to any other matter necessary and
proper for the construction or operation and maintenance of any such
system within the sanitary district.

(h) To contract for the extension of any such system into territory
outside of the district, and for the use thereof, upon such terms and con-
ditions as the board may from time to time determine upon.

(i) With respect to the maintenance and operation of said motor
vehicle parking lots system, the board is authorized to purchase, install,
maintain and operate, and to fix and charge parking meter fees for the use
of, such parking lot or lots.

§ 8-b. The board of supervisors or other governing body of such
county, acting for and on behalf of any sanitary district therein, shall have
the power and is hereby authorized to transfer any sewerage system here-
tofore or hereafter acquired or constructed for the use and benefit of the
public in such sanitary district to the board of supervisors or other govern-
“sg body of such county in which such district is situate for the use and
benefit not only of the residents of such sanitary district but also for the
use and benefit of the residents of such county as an integral part of a
comprehensive county integrated sewerage system.

The board of supervisors or other governing body of such county may,
after public hearing as hereinafter provided, adopt an ordinance providing
for the transfer of any sewerage system as aforesaid, which ordinance
shall contain a finding, determination and declaration by the board of
supervisors or other governing body of such county that: a

(a) The transfer of the sewerage system of the sanitary district as
above provided is necessary in order to provide more adequate sewerage
facilities for the use and benefit of the residents of the sanitary district
and is in the public interest and is for the general welfare not only of the
residents of the sanitary district but also for the residents of such county;

(b) Provision has been made or will be made for the payment to the
creditors of the sanitary district of an amount sufficient to pay and dts-
charge any and all outstanding indebtedness and the liabilities of such
sanitary district with respect to such sewerage system, including any bonds
or notes issued for the purpose of financing the acquisition, construction,
improvement, extension or enlargement of the sewerage system of such
sanitary district, together with all lawful interest on such indebtedness and
liabilities and all redemption premiums which may be payable in order to
redeem any outstanding bonds issued for any such purpose;

(c) A public hearing has been held by said board of supervisors or
other governing body of such county, after due and proper notice thereof,
at which all interested persons were given an opportunity to be heard with
respect to the adoption of such ordinance and the transfer of such sewerage
system as provided in such ordinance;

No such ordinance shall be adopted unless notice of intention of the
board of supervisors or other governing body of such county to adopt such
ordinance shall have been published once a week for two successive weeks
prior to the proposed date of adoption of such ordinance in a newspaper
published in or having a general circulation in the county, and such nottce
of intention shall have been posted at not less than ten public places in such
sanitary district at least ten days before the proposed date of adoption of
such ordinance. Such notice of intention shall set out the date, time and
place at which a public hearing is to be held with respect to the adoption
of such ordinance and the transfer of such sewerage system.

Such ordinance shall not become effective until it shall have been
published once a week for two successive weeks after adoption in a news-
paper as aforesaid and until the entry of an order by the circuit court of
such county upon petition of the board of supervisors or other governing
body of such county requesting the entry of an order that such ordinance
has been adopted as provided in this section, and that provision has been
made or will be made for the payment to the creditors of the sanitary dis-
trict of an amount sufficient to pay and discharge any and all outstanding
indebtedness and the liabilities of such sanitary district with respect to
such sewerage system, including any bonds or notes issued for the purpose
of financing the acquisition, construction, improvement, extension or en-
largement of the sewerage system of such sanitary district, together with
all lawful interest on such indebtedness and liabilities and all redemption
premiums which may be payable in order to redeem any outstanding bonds
or other obligations issued for any such purpose and setting out the date or
terms upon which the transfer of such sewerage system as aforesaid shall
become effective. Such order shall provide that such transfer shall not be
effective until all of the outstanding indebtedness and liabilities of such
sanitary district, with respect to such sewerage system have been paid
or provision has been made for the payment thereof. Such order shall
further provide for the equitable and proper disposition of the funds on
hand to the credit of the sanitary district with respect to such sewerage
system. A duly certified copy of such order of the circuit court of such
county shall be filed forthwith in the principal office of the State Water
Control Board and in the office of the clerk of the board of supervisors
or other governing body of such county.

Unless a suit, action or proceeding is pending in any court of com-
petent jurisdiction within thirty days after the date of entry of such order
of the circuit court of such county, the transfer of such sewerage system
shall come into full force and shall be fully effective upon the date of
transfer or time of compliance with the terms of transfer as fixed in said
order. If a suit, action or proceeding has been brought in any such court
within said thirty days, the transfer of such sewerage system shall come
into full force and shall be fully effective on such date or time of com-
pliance with the terms of transfer as may be fixed in any final order or
decree of such court upholding the validity of such order or ordinance or
date or terms of transfer.

Upon the date or time when such transfer shall come into full force
and shall be fully effective, the existing sewerage system of any such
sanitary district, together with all property both real and personal and
all rights therein and thereto, all contracts, including any contracts be-
tween such sanitary district and any other sanitary district, person, firm,
corporation, county, city, town or authority for and with respect to the
use of services or facilities of or by such sewerage system, and all books,
maps, papers, records, files, accounts, reports and equipment of any nature
whatsoever pertaining or relating to the design, construction, operation,
services and affairs of the existing sewerage system or proposed improve-
ments thereto or extensions thereof shall be in the possession of, pass to,
be assumed by and be under the jurisdiction, control and supervision and
inure to the benefit of the board of supervisors or other governing body of
such county dedicated to the use and benefit of the residents of the county.

Unless within thirty days after the date of entry of the aforesaid
order of the circuit court, a suit, action or proceeding is brought in a court
of competent jurisdiction questioning such order or the validity of such
ordinance, no suit, action or proceeding may thereafter be brought ques-
tioning such order of the circuit court or such ordinance or the transfer of
such sewerage system or the regularity or legality of publications, notices
or any other proceeding taken in connection with or puruant to such order
or ordinance or the transfer of such sewerage system and no court shall
have authority to inquire into such matters and no suit, action or pro-
ceeding shall thereafter be instituted with respect thereto.

§ 8-c. In addition to the powers and duties conferred and imposed
upon the board of supervisors or other governing body of such county by
sections three, three-a and three-b, such board or other governing body
shall have the following powers and duties:

(a) To construct, reconstruct, maintain, alter, improve, add to, acquire
by gift, condemnation, purchase, lease or otherwise, operate and enter into
any contracts with respect to any system or systems of streets, roads, curbs
and gutters or storm drains, and to have such other powers and duties with
respect to any such system or systems as are conferred and imposed upon
said body in this act with respect to any other system or systems.

§ 12-a. In any county in which a sanitary district has been *, or is
hereafter created under this act * or to which the provisions of this act are
applicable as provided in section one hereof the circuit court of such
county, or the judge of such court in vacation, may make an order forming
any particular * area or * areas within such sanitary district into a smaller
district, hereafter referred to as “small district’, * upon the petition of
fifty qualified voters of the proposed “‘small district’’, or if the proposed
“small district” contains less than one hundred qualified voters, upon the
petition of fifty per centum of the qualified voters thereof. Such order
shall prescribe the metes and bounds of the “small district’”’.

Upon the filing of said petition the court, or the judge thereof in vaca-
tion shall fix a day for a hearing on the question of the proposed “small
district” which hearing shall embrace a consideration of whether the
property embraced in said proposed “small district” will or will not be
benefited by the establishment thereof and whether the creation of such
“small district” will cause substantial detriment to the sanitary district;
notice of such hearing shall be given by publication once a week for three
consecutive weeks in some newspaper of general circulation within the
said county to be designated by the court, or the judge thereof in vacatton.
At least ten days shall intervene between the completion of the publication
and the date set for the hearing, and no “small district” shall be created
until the said notice has been given and the hearing had.

Any person interested may answer the said petition and make defense
thereto; and if upon such hearing the court, or the judge thereof in vaca-
tion, as the case may be, be of opinion that any property embraced within
the limits of said proposed “small district” will not be benefited by the
establishment of such district or that the creation of such “small district”
will cause substantial detriment to the sanitary district, then such “small
district” shall not be created.

After the entry of an order creating the “small district’, the board of
supervisors or other governing body of the county, which shall also be the
governing body of the “small district”, may exercise in and with respect to
the “small district” any of those powers and duties conferred or imposed
upon the board of supervisors or other governing body, in sections three,
three-a and three-c hereof * with respect to a sanitary district.

Any “small district” heretofore or hereafter created in any county
under the provisions of this section, may be dissolved by an order entered
by the circuit court of such county, or the judge thereof in vacation, upon
the petition of the board of supervisors or other governing body of such
county and of no less than fifty qualified voters residing within the bound-
aries of the “small district” desired to be dissolved, or if the “small dis-
trict” contains less than one hundred qualified voters upon petition of the
board of supervisors or other governing body of such county and fifty
per centum of the qualified voters residing within the boundaries of such
“small district”. No “small district” shall be dissolved in which there is
a “local district”, as defined in this act, which has not been dissolved.

Upon filing of the petition, the court, or judge thereof in vacation,
shall fix a day for a hearing on the question of dissolving the ‘“‘small dis-
trict” which hearing shall embrace a consideration of whether the property
in the “small district” and in the sanitary district of which the “small dis-
trict” 1s a part, will or will not be benefited by the dissolution thereof and
the court, or judge thereof in vacation, shall be fully informed as to the
obligations and functions of the “small district’. Notice of such hearing
shall be given by publication once a week for three consecutive weeks in
some newspaper of general circulation within such county to be designated
by the court, or the judge thereof in vacation. At least ten days shall
intervene between the completion of the publication and the date set for
hearing, and such publication shall be considered complete on the twenty-
first day after the first publication and no such “small district” shall be
dissolved until the notice has been given and the hearing

Any interested parties may appear and be heard on any ‘matters per-
taining to the subject of the hearing.

Upon the hearing, such order shall be made and entered as may seem
equitable and proper, to the court or judge, concerning the dissolution of
the “small district” and the funds on hand to the credit of the “‘small dis-
trict”. Provided, however, that no such order shall be made dissolving
such “‘small district” unless the purposes for which the “small district”
was created have been completed, or, unless all obligations and functions
of the “small district” have been taken over by such county or the sanitary
district of which said “small district” is a part or, unless the purposes for
which the ‘“‘small district” was created are impractical or impossible of
accomplishment. and any obligations which have been incurred by such

“small district” shall have been discharged.

On and after the effective date of this amendment, any unpaid charge
which shall become a lien on property in the “small district” by reason of
the failure to pay such charge, shall become a lien superior to the interest
of any owner, lessee or tenant of such property and shall be next in suc-
cession to county taxes and any lien of the sanitary district on the real
property against which the lien exists. Such lien shall, in all other re-
spects, be of the same nature as and on parity with a lien of the sanitary
district. The binding effect thereof and method for enforcement shall be
as provided in this act for liens of the sanitary district. Any and all
taxes levied or wmposed with respect to the “‘small district” shall rank
equally with and shall be levied or imposed and collected in the same man-
mer and by use of the same remedies provided for taxes levied or imposed
in the sanitary district.

§ 12 b-1. Inany county in which a “small district” has been or is here-
after created pursuant to section twelve-a of this act, the circuit court of
such county, or the judge of such court in vacation, may make an order
forming any area or areas within the “‘small district” into a smaller district
(hereinafter referred to as a “local district”) upon the petition of fifty
qualified voters of the proposed “local district’’, or if the proposed “local
district” contains less than one hundred qualified voters, upon the petition
of fifty per centum of the qualified voters thereof. Such order shall pre-
scribe the metes and bounds of the “local district’.

Upon the filing of said petition the court, or judge thereof in vacation,
shall fix a day for a hearing on the question of the proposed “local district”
which hearing shall embrace a consideration of whether the property em-
braced in said proposed “local district” will or will not be benefited by the
establishment thereof and whether or not the creation of such “local dis-
trict” will cause substantial detriment to the “small district” or the sanitary
district; notice of such hearing shall be given by publication once a week
for three consecutive weeks in some newspaper of general circulation with-
in the said county to be designated by the court, or the judge thereof in
vacation. At least ten days shall intervene between the completion of the
publication and the date set for the hearing, and no “local district”’ shall be
created until the said notice has been given and the hearing had.

Any person interested may answer the said petition and make defense
thereto; and if upon such hearing the court, or the judge thereof in vaca-
tion, as the case may be, be of opinion that any property embraced within
the limits of said proposed “local district” will not be benefited by the estab-
lishment of such district or that the creation of such local district will cause
substantial detriment to the “small district” or the sanitary district then
such “local district” shall not be created.

Upon the formation of such “local district” the provisions of section
twelve-a of this act relating to a “small district” shall be applicable to such
“local district” as if referred to therein and such “local district” shall be
governed thereby. All of the powers and duties conferred by section twelve-
a of this act on the board of supervisors or other governing body of such
county, which shall be the governing body of the “local district’, for and
with respect to a “small district” are granted equally with respect to a
“local district” created pursuant to this section and all of the provisions of
said section twelve-a shall be applicable equally to a “local district” as tf
fully set forth in this section.

On and after the effective date of this amendment any lien on property
resulting from any unpaid charge with respect to the “local district” shall
be in all respects the same as a lien of the “small district” except that it
shall be subordinate to the lien of the “small district” on such property.

Any such “local district” may be dissolved in the manner or by the
mode of procedure provided in said section twelve-a for the dissolution of
a “small district”, provided however that the hearing on the question of
dissolution of the “local district’’, in addition to the other matters provided
for in said section 12-a, shall embrace a consideration of whether the prop-
erty in the “local district”, the “small district”? and sanitary district of
which the “local district” 1s a part, will or will not be benefited by the dis-
solution of the “local district’’.

§ 12 b-2. Any sanitary district heretofore or hereafter created in any
county as defined in section one of this act may be dissolved by an order
entered by the circuit court of such county, or the judge thereof in vacation,
upon the petition of the board of supervisors or other governing body of
such county and of no less than fifty qualified voters residing within the
boundaries of the sanitary district desired to be dissolved, or if the sanitary
district contains less than one hundred qualified voters upon petition of the
board of supervisors or other governing body of such county and fifty per
centum of the qualified voters residing within the boundaries of such sant-
tary district. No sanitary district shall be dissolved in which there is a
“small district” which has not been dissolved.

Upon filing of the petition, the court, or judge thereof in vacation, shall
fix a day for a hearing on the question of dissolving the sanitary district
which hearing shall embrace a consideration of whether the property in the
sanitary district will or will not be benefited by the dissolution thereof and
the court, or judge thereof in vacation, shall be fully informed as to the
obligations and functions of the sanitary district. Notice of such hearing
shall be given by publication once a week for three consecutive weeks in
some newspaper of general circulation within such county to be designated
by the court or the judge thereof in vacation. At least ten days shall inter-
vene between the completion of the publication and the date set for hearing,
and such publication shall be considered complete on the twenty-first day
after the first publication and no such sanitary district shall be dissolved
until the notice has been given and the hearing had.

Any interested parties may appear and be heard on any matters per-
taining to the subject of the hearing.

Upon the hearing, such order shall be made and entered as may seem
equitable and proper, to the court, or judge thereof in vacation, concerning
the dissolution of the sanitary district and the funds on hand to the credit
of the sanitary district. Provided, however, that no such order shall be
made dissolving such sanitary district unless any bonds of the sanitary
district which have theretofore been issued have been redeemed and the
purposes for which the sanitary district was created have been completed,
or, unless all obligations and functions of the sanitary district have been
taken over by such county or, unless the purposes for which the sanitary
district was created are impractical or impossible of accomplishment and
any obligations which have been incurred by such sanitary district shall
have been discharged.

§ 12 b-8. All proceedings heretofore had or taken by the board of
supervisors or other governing body of such county for or with respect to
the formation or creation of any “small district” pursuant to section twelve-
a of this act, prior to January one, nineteen hundred fifty-four, are hereby
ratified, validated and confirmed, and all of such “small districts” so created
or formed or attempted to be so created or formed, prior to said date, are
hereby declared to be validly created, formed and established, notwith-
standing any defects or irregularities in the creation or formation thereof.
2. An emergency exists and this act is in force from its passage.