CHAPTER 497

An Act to amend and reenact § 21-118, as amended, of the Code of
Virginia, relating to the powers and duties of the governing bodies
of counties with regard to sanitary districts created therein.

[H 464]

Approved March 31, 1962.

Be it enacted by the General Assembly of Virginia:

1. That § 21-118, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 21-118. After the entry of such order creating a sanitary district
in such county, the governing body thereof shall have the following
powers and duties, subject to the conditions and limitations hereinafter
prescribed :

(1) To construct, maintain and operate water supply, sewerage, gar-
bage removal and disposal, heat, light, fire fighting equipment and power
and gas systems and sidewalks for the use and benefit of the public in
such sanitary districts.

(2) To acquire by gift, condemnation, purchase, lease, or otherwise,
and to maintain and operate any such water supply, sewerage, garbage
removal and disposal, heat, light, fire fighting equipment and power and
gas systems and sidewalks in such district and to acquire by gift, con-
demnation, purchase, lease, or otherwise, rights, title, interest, or ease-
ments therefor in and to real estate in such district.

(8) To contract with any person, firm, corporation or municipality
to construct, establish, maintain and operate any such water supply, sew-
erage, garbage removal and disposal, heat, light, fire fighting equipment
and power and gas systems and sidewalks in such district.

(4) 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. The owners or tenants shall have the
right of appeal to the circuit court or the judge thereof in vacation within
ten days from action by the governing body.

(5) 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.

(6) To levy and collect an annual tax upon all the property in such
sanitary district subject to local taxation to pay, either in whole or in
part, the expenses and charges incident to constructing, maintaining and
operating water supply, sewerage, garbage removal and disposal, heat,
light, fire fighting equipment and power and gas systems and sidewalks
for the use and benefit of the public in such sanitary district.

(7) 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 and sidewalks.

(8) To negotiate and contract with any person, firm, corporation or
municipality with regard to the connections of any such system or systems
with any other system or systems now in operation or hereafter estab-
lished, 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.

(9) The governing body shall have the same power and authority
for the abatement of nuisances in such sanitary district as is vested by
law in councils of cities and towns for the abatement of nuisances therein,
and it shall be the duty of the governing body to exercise such power
when any such nuisance shall be shown to exist.

(10) Proceedings for the acquisition of rights, title, interest or ease-
ments in and to real estate, by such sanitary districts in all cases in which
they now have or may hereafter be given the right of eminent domain, may
be instituted and conducted in the name of such sanitary district and the
procedure shall be in the manner and under the restrictions prescribed by
the general statutes of this State relative to the condemnation of lands, or,
(a) in the case of lands proposed to be condemned for the purpose of con-
structing water or sewer lines, either by such method or in the manner
provided for the condemnation of land by the State Highway Commis-
sioner in §§ 33-70.1 through 33-70.11, or, (b) in the case of lands proposed
to be condemned for the purpose of constructing water and sewage treat-
ment plants and facilities and improvements reasonably necessary to the
construction and operation thereof, in the manner provided for the con-
demnation of land by the State Highway Commissioner in §§ 38-59
through 38-67.2.

(11) To appoint, employ and compensate out of the funds of the
district as many persons as special policemen as may be deemed necessary
to maintain order and enforce the criminal and police laws of the State
and of the county within such district. Such special policemen shall have,
within such district and within one-half mile thereof, all of the powers
vested in policemen appointed under the provisions of Article 2 of Chapter
17 of Title 15.

2. An emergency exists and this act is in force from its passage.