reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-134.1. Reimbursement of county for advances to sanitary district

Notwithstanding the provisions of § 21-132, the governing body shall direct the treasurer to reimburse the general fund of the county from the proceeds of the bond issue or from any funds to the credit of the sanitary district, not otherwise specifically allocated or obligated to the extent that the county has made advances to the sanitary district from such general fund to assist the district to initiate or effectuate the project for which it was created.
1954, c. 321; 1962, c. 335.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-134.2. Validation of advances to sanitary district

The advancement of any funds heretofore advanced from the general fund by the board of supervisors of any county in this Commonwealth for the benefit of a sanitary district in effectuating a project lawful for such sanitary district is hereby validated and confirmed.
1954, c. 321.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-135. Insolvency of depository

The treasurer shall not be liable for any deposits which shall be lost by reason of the insolvency or failure of any bank in which he shall have been directed by the governing body to deposit them.
1946, p. 183; Michie Suppl. 1946, § 1560z6.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-137.1. Payment of interest on and maintenance of sinking fund for term bonds; tax levy; what constitutes "term bonds" and "serial bonds."

When term bonds have been issued the net revenue derived from the operation of such systems shall be set apart by the said board to pay the interest on the bonds so issued or to be issued, and to create a sinking fund to redeem the principal thereof at maturity. The board of supervisors is hereby authorized and empowered to apply any part or all of said sinking fund to the payment, if redeemable by their terms, or to the purchase of any such bonds, at any time, and all bonds so paid off or purchased by the board of supervisors shall be immediately cancelled, and shall not be reissued. The board of supervisors is authorized and empowered to invest all accumulations of money to the credit of the sinking fund in bonds of the United States, of the Commonwealth of Virginia, or of any county, city or town of the Commonwealth of Virginia, or to lend out, upon real estate security, the loan not to exceed fifty per centum of the assessed value of such real estate, or deposit in bank at interest, all accumulations of money to the credit of the sinking fund and to collect and reinvest the same and the interest accruing thereon from time to time, so often as is necessary or expedient, until the bonds become subject to call; provided that no money to the credit of the sinking fund shall be loaned out or deposited or invested by the board of supervisors unless such loan, deposit or investment is first approved by the circuit court of the county, or the judge in vacation, and the form of the security be examined and approved by the attorney for the Commonwealth of the county, which approval shall be entered of record in the order book of the court.
The treasurer shall not be liable for any funds herein provided for that are lost while on deposit made by order of the board of supervisors with any bank or banks, or when invested in any real estate security as provided herein, but the board of supervisors may require of any such bank a bond, with corporate or other surety, to secure such deposit, or may require a pledge of securities to secure such deposits as provided in §§ 58.1-3158 and 2.2-4400.
The board of supervisors shall, if necessary for the payment of interest on the bonds or to increase the sinking fund provided for hereunder, levy an annual tax upon all property in such sanitary district subject to local taxation to pay such interest and to make payments into such sinking fund. For the purposes of this section and § 21-137.2, the words "serial bonds" and "term bonds" shall have the respective meanings customarily given them in the municipal bond market. A finding made by the board of supervisors that an issue of bonds comprises term bonds or serial bonds, or that specified portions thereof comprise term bonds or serial bonds, as the case may be, shall be conclusive for all purposes of this section and § 21-137.2.
1972, c. 236.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-137.2. Payment of interest on serial bonds; no sinking fund required; tax levy; use of excess revenues

When serial bonds have been issued, the net revenue derived from the operation of such systems shall be applied to pay the interest on and the principal of such serial bonds as the same become due, but no sinking fund shall be required in respect of serial bonds.
The board shall, if necessary, levy an annual tax upon all property in such sanitary district, subject to local taxation, to pay such principal and interest as shall annually become due for payment. In the event net revenue exceeds the annual principal and interest due thereon, the board may use such net revenue for extensions and additions to the system, purchase and retirement of outstanding bonds of the district, or for any other lawful purpose consistent therewith.
1972, c. 236.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-138. Same; levy of tax

The governing body shall, if necessary for the payment of the interest on the bonds or to increase the sinking fund provided for hereunder, levy an annual tax upon all the property in the district subject to local taxation to pay such interest and to make payments into the sinking fund.
1946, p. 183; Michie Suppl. 1946, § 1560z7.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-139. Laws continued in effect

Sections 4 through 7 of Chapter 460 of the Acts of 1930, as amended by Chapter 15 of the Acts of 1933; Chapter 274 of the Acts of 1936; Chapter 28 of the Acts of 1936-7, codified as §§ 1560p-1560s of Michie Code 1942, relating to bonds of sanitary districts, is continued in effect.
Chapter 186 of the Acts of 1932, as amended by Chapter 164 of the Acts of 1938, codified as §§ 1560aa through 1560gg of Michie Code 1942, relating to bonds of sanitary districts created by special act, is continued in effect.
Chapter 25 of the Acts of 1947, as amended by Chapter 72 of the Acts of 1948, relating to the issuance of bonds by sanitary districts in counties adjoining a county having a population of not less than 1,000 a square mile, is continued in effect.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-140. Validation of proceedings

All proceedings had and all elections held in any sanitary district of the Commonwealth prior to January 1, 1946, to provide for and with respect to the contracting of bonded indebtedness and the authorization, issuance, sale, execution and delivery of bonds by or on behalf of such district are validated and confirmed, notwithstanding any lack of power of the governing body of the county in which such district is located to authorize and issue such bonds, or to execute, sell or deliver the same, and notwithstanding any defects or irregularities in such proceedings or elections, or in such execution, sale or delivery; and such bonds so issued or to be issued are and shall be valid and enforceable obligations of such sanitary district.
1946, p. 64.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-140.1. Further validation of proceedings

All proceedings had and all elections held in any sanitary district of the Commonwealth prior to June 30, 1954, whether under general law or by special act, to provide for and in respect to the contracting of bonded indebtedness and the authorization, issuance, sale, execution, and delivery of bonds by or on behalf of such district prior to June 30, 1954, whether under general law or by special act, are ratified and confirmed, notwithstanding the lack of power of the governing body of the county in which such district is located to authorize and issue such bonds or to execute, sell or deliver the same, and notwithstanding any defects or irregularities in such proceedings or elections concerning such execution, sale, or delivery, and notwithstanding any curable unconstitutionality of a procedural character, such as failure of the act to conform to the title and such other constitutional questions; and such bonds so issued or to be issued are and shall be binding, legal, valid, and enforceable obligations of such sanitary district.
1950, p. 4; 1954, c. 68.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-140.2. Additional validation of proceedings

All proceedings heretofore taken and all elections heretofore held in sanitary districts of whatsoever kind in the Commonwealth of Virginia, whether under general law or special act, to provide for, and with respect to, the contracting of bonded indebtedness and the authorization, issuance, sale, execution and delivery of bonds by or on behalf of all such sanitary districts, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power of the governing body of the county in which any such district is located to authorize and issue such bonds, or to authorize the execution, sale or delivery thereof, and notwithstanding any defects or irregularities in any such proceedings or elections, or in such execution, sale or delivery; and such bonds so issued or to be issued are and shall be binding, legal, valid and enforceable obligations of any such sanitary districts, notwithstanding any statutory limitation on the amount thereof.
1960, c. 562; 1962, c. 26; 1964, c. 243; 1968, c. 62; 1970, c. 441.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-140.3. Validation of certain bonds

All bonds heretofore issued by any sanitary district for any or all of the purposes specified in Article 1 (§ 21-112.22 et seq.) of Chapter 2 of Title 21 are hereby declared to be valid and legally binding obligations of such sanitary district, notwithstanding any limitations contained in any general law or special act pursuant to which such sanitary district was created and notwithstanding any limitations contained in the proceedings taken for the creation thereof.
1964, c. 165.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-141. Short title

This chapter may be known, designated and cited as the "Sanitation Districts Law of Nineteen Hundred and Thirty-Eight."
1938, p. 510; Michie Code 1942, § 1560hh.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-143. Ordering and conduct of elections

Every order made pursuant to this chapter requiring the opening of a poll and the taking of the sense of the qualified voters of a district or proposed sanitation district on a question, shall designate the question and a date for holding such election not less than thirty days from the date of such order, and may be directed as writs of election are directed for an election district, or to fill a vacancy in the General Assembly or in Congress. It shall be the duty of the regular election officers of the counties and cities in whole or in part embraced within the district or proposed sanitation district to cause to be printed and distributed in the manner prescribed by law for printing and distributing other ballots the proper number of ballots which shall be separate from any other ballots. The ballots shall set forth the question designated in such order and shall be in substantially the following form:
(Here shall appear the question designated in the order)
[ ] YES
[ ] NO
To vote "Yes" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "Yes"; to vote "No" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "No."
The regular election officers, at the time designated in such order, shall open the polls at the various voting places in the district or proposed sanitation district and at any other voting places at which any qualified voter of the district or proposed sanitation district is entitled to vote, and shall conduct such election and close the polls in such manner as is provided by law in other elections. The ballots shall be counted, and returns made and canvassed and the results ascertained and made known as in other elections, and the results certified by the commissioners of election to the Secretary of the Commonwealth, all in such manner as to show the respective numbers of affirmative and negative votes cast at the election. The Secretary of the Commonwealth shall record and tabulate the reports of the commissioners of election and shall certify the result of the election to the court which made the order authorizing and requiring such election.
1938, p. 528; Michie Code 1942, § 1560fff.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-144. Court proceedings

Whenever in this chapter the circuit court of any county, or the corporation court of any city, is authorized to accept any petitions or papers, make any order, hold any hearing, hear, consider and determine any question or do any other act or thing, such court, or a judge thereof in vacation, may do and perform the same.
1938, p. 529; Michie Code 1942, § 1560ggg.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-145. Territory which may be embraced in district

Any integral body of territory within which are situated waters affected by the ebb and flow of the tide and none of which is embraced within any other sanitation district may, under the conditions and upon the taking and completion of the proceedings provided in this article, be created a sanitation district. Every part of the boundary of such a sanitation district shall either (1) coincide with the boundary of a county, city or town or (2) bisect a county, city or town, or (3) be located within one mile of the boundary of a county, city or town, or (4) consist of a straight line connecting two points each of which lies upon a boundary of one of the three types hereinabove described.
1938, p. 511; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-146. Notice of hearing on petition for creation

Upon the presentation of a petition complying with the requirements of this article, praying for the creation of a sanitation district, fixing the boundaries thereof and naming the counties, cities and towns which in whole or in part are to be embraced therein, the circuit court of any such county, or of any county in which any such town is situated, or the corporation court of any such city shall make an order filing such petition and fixing a day for a hearing by such court on such petition and the question of the creation of the proposed sanitation district. Such order shall direct notice of such hearing to be given by publication once a week for at least three consecutive weeks in some newspaper or newspapers having general circulation in the proposed sanitation district, with the first publication appearing no more than 21 days before the hearing. Such notice shall set forth the petition as filed, but need not set forth the signatures or exhibits thereto, and shall state the time and place of hearing and that at such hearing all persons desiring to controvert the allegations of such petition or question the conformity thereof to this article will be heard and all objections to the creation of the proposed sanitation district considered.
1938, p. 511; Michie Code 1942, § 1560jj; 2023, cc. 506, 507.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-147. Contents of petition

Every such petition shall pray for the creation of the proposed sanitation district, shall set forth the name of the proposed sanitation district (which shall include the words "sanitation district"), shall fix the boundaries thereof, shall name the cities and counties and towns which are in whole or in part to be embraced therein and shall contain an allegation (1) that the proposed sanitation district includes within its territorial limits waters affected by the ebb and flow of the tide which are polluted, (2) that no part of the proposed sanitation district is within the territorial limits of an existing sanitation district, (3) that the proposed sanitation district is an integral whole and does not completely surround any territory not included in the proposed or some existing sanitation district, (4) that the creation of the proposed sanitation district in accordance with this chapter will provide a means for abating or preventing the pollution of tidal waters of the proposed sanitation district and will benefit all the property within the proposed sanitation district, (5) that the creation of the proposed sanitation district has been approved by the State Health Commissioner as providing a practical means for abating or preventing the pollution of the tidal waters of the proposed sanitation district, and (6) that the petition has been approved and the prayer thereof joined in by each city, county and town which is in whole or in part embraced within the proposed sanitation district, expressed by resolution adopted by the vote of a majority of the governing body thereof.
1938, p. 512; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-148. Signatures on petition

Every such petition shall be signed by not less than 200 qualified voters of the proposed sanitation district, including not less than 50 qualified voters of each city and county and town in whole or in part embraced within the proposed sanitation district.
1938, p. 512; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-149. Hearing and determination; ordering election

Any person interested may answer the petition and make defense thereto, and at such hearing all persons interested or desiring to controvert the allegations of the petition or question the conformity thereof to this article or object to the creation of the proposed sanitation district shall be heard. If upon such hearing the court shall not be satisfied that the allegations of the petition are sustained and that the petition conforms to the provisions of this article, it shall make an order denying and dismissing the petition. If upon such hearing the court shall be satisfied that the allegations of the petition are sustained and that the petition conforms to the provisions of this article and that all of the property in the proposed sanitation district will be benefited by the creation of the proposed sanitation district and that the public interest will be served and the public health protected by such creation, it shall make an order determining such matters and requiring the opening of a poll and the taking of the sense of the qualified voters of the proposed sanitation district in accordance with § 21-143 on the question of the creation of the proposed sanitation district. The question so submitted shall be "Do you favor the creation of the...... (inserting name of the proposed sanitation district stated in the said petition)?"
1938, p. 512; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-150. Order when election favors establishment

If upon the certification of the result of such election made by the Secretary of the Commonwealth to such court, it shall appear that a majority of the qualified voters of the proposed sanitation district voting at the election shall have voted "yes" and in favor of the creation of the proposed sanitation district, the court shall make and enter of record an order stating such result, and thereupon the territory defined in the petition, less such parts thereof as shall be excluded pursuant to the provisions of § 21-151, shall be and constitute a sanitation district for all the purposes of this article, known and designated by the name stated in the petition.
1938, p. 513; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-151. Exclusion from district of county, city or town voting against establishment

If upon the certification of the results of the election provided for in § 21-150 it shall appear that a majority of the qualified voters of any county or of any city or of any town voting on the question at the election, shall have voted "no" against the creation of the proposed sanitation district, then the territory included within the limits of such county or of such city, or of such town, shall be excluded from, and shall not constitute a part of the district.
1938, p. 513; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-152. Approval of State Health Commissioner

The State Health Commissioner is authorized, upon being satisfied that the creation of a proposed sanitation district will provide a practical means for abating or preventing the pollution of the tidal waters of the proposed sanitation district, to approve, as above referred to, the creation of the proposed sanitation district.
1938, p. 513; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-153. Governing bodies may adopt resolutions

The governing body of each city and county and town is authorized, in its discretion, to adopt resolutions, as above referred to, approving and joining in the prayer of petitions for the creation of a proposed sanitation district.
1938, p. 513; Michie Code 1942, § 1560jj.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-154. Incorporation of district; name and style

Each district heretofore or hereafter created pursuant to this chapter or pursuant to a special act of the General Assembly, and the inhabitants of its territory as the same has been or may be established and from time to time altered pursuant to a law, is hereby created as a body corporate and politic under the name and style of, and to be known by, the name of the district with the word "commission" appended.
1938, p. 513; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-155. Powers of commission

Each commission, constituting a corporation is hereby invested with the rights, powers and authority and charged with the duties set forth in this chapter, and shall constitute a political subdivision of the Commonwealth established as a governmental instrumentality to provide for the public health and welfare.
1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-156. Exemption of bonds from taxation

The bonds of such district or commission, and the property owned or operated by such district or commission shall be exempt from all taxation, and the interest on the bonds shall take the same status under tax laws as the interest on bonds of other political subdivisions of the Commonwealth.
1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-157. Creation of board or commission to control corporation

In and for each district, a board or commission is hereby created to manage and control the functions, affairs and property of the corporation and to exercise all of the rights, powers and authority and perform all of the duties conferred or imposed upon the corporation. Except as a special act creating the district shall otherwise provide, such board or commission shall consist of five members, residents of the district, appointed by the Governor. Except as a special act creating the district shall otherwise provide, in making the original appointments, one of the members 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 terms of four years each; subsequent appointments shall be made for a term of four years, except appointments to fill vacancies which shall be for the unexpired terms.
1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 528.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-158. Officers of board or commission

The board or commission shall elect from its members a chairman, whose term of office as such shall be one year, and who shall be eligible for reelection. Such commission under such rules as it may adopt, may elect one of its members vice-chairman, and may appoint a secretary, who need not be a member of the commission, and a treasurer or secretary-treasurer, who shall not be a member of the commission. In the event that the commission appoints a treasurer or secretary-treasurer, his compensation shall be fixed by the commission.
1938, p. 514; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 528.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-159. Compensation and expenses of commission members

The 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 under this chapter, and the sum of $10 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 $300.
1938, p. 514; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 528.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-160. Meetings of commission

Regular meetings of the commission shall be held at least once every month at such time and place as the commission shall from time to time prescribe. 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.
1938, p. 514; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-161. Quorum

Three members of the commission shall constitute a quorum, and the vote of three members of the commission shall be necessary to take any action.
1938, p. 514; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-162. Suspension or removal of members of commission

Members of the commission may be suspended or removed by the Governor at his pleasure.
1938, p. 514; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-163. Oath and bond of members of commission

Each member of the commission shall, before entering upon the discharge of his duties under this chapter, take and subscribe the oath of office required by Article II, Section 7 of the Constitution of Virginia and shall be bonded in accordance with § 2.2-1840, conditioned upon the faithful discharge of his duties.
1938, p. 514; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529; 2021, Sp. Sess. I, c. 152.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-165. Manner of letting contracts

All contracts, except in cases of emergency, over $5,000 that the commission may let for construction or materials 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 the work or materials will be opened. Each bidder shall accompany his bid with a certified check, payable to the commission, for a reasonable sum to be fixed by the commission, as a guarantee that if the contract is awarded to him, he will enter into a contract with the commission for doing the work or furnishing the 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 bids and contracts shall be public records. The commission is authorized, in its discretion, to do any and all such work by force account.
1938, p. 515; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 529.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-166. How power of eminent domain exercised

The powers of condemnation or eminent domain conferred on the commission by this chapter shall be exercised by the board or 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 governing bodies of counties and cities or towns so far as they can be applied to the same.
1938, p. 515; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 530.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-167. County, city or town not liable for act of commission

No pecuniary liability of any kind shall be imposed upon any county, city or town constituting any part of any district because of any act, agreement, contract, tort, malfeasance, misfeasance, or nonfeasance, by or on the part of the commission of such district, or any member of such commission, or its agents, servants and employees, except as otherwise provided in this chapter with reference to contracts and agreements between the commission and any county, city or town.
1938, p. 515; 1942, p. 602; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 530.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-168. Enumeration of powers of commission

Every 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;
(3) In the name of the commission and on its behalf, to acquire, hold and dispose of its fees, rents and charges and other revenues;
(4) In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire, hold, and dispose of other personal property for the purposes of the commission;
(5) In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire by purchase, gift, condemnation or otherwise, real property or rights or easements 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 acquired 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 accept gifts or grants or 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;
(8) To enter on any lands, waters and premises for the purpose of making surveys, borings, soundings and examinations for the purposes of the commission;
(9) To make and enforce rules and regulations for the management and regulation of its business and affairs and for the use, maintenance and operation of its facilities and properties, and to amend the same;
(10) To do and perform any acts and things authorized by this chapter under, through or by means of its own officers, agents and employees, or by contracts with any persons;
(11) 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 chapter; and
(12) To sell, lease as lessor, transfer, or dispose of all or any part of its property and facilities in such a manner and upon such terms as the commission may determine to be in the best interest of the district.
1938, p. 515; Michie Code 1942, § 1560ll; 1991, c. 549.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-169. Relief from pollution to be purpose of commission

The purposes of every commission shall be the relief of the tidal waters of the district from pollution and the consequent improvement of conditions affecting the public health and the natural oyster beds, rocks and shoals.
1938, p. 516; Michie Code 1942, § 1560mm.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-170. Acquisition and use of pipes, sewers, plants, stations, etc.

Every commission is authorized and directed to acquire, in the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, by purchase, gift, condemnation or otherwise, and, notwithstanding the provisions of any charter, or ordinance or resolution of any county, city or town to the contrary, to construct, maintain, operate and use such trunk, intercepting and outlet sewers, conduits, pipelines, pumping and ventilating stations, treatment plants or works at such places, and such other plants, structures, boats and conveyances, as in the judgment of the commission will provide an effective and satisfactory method for promoting the purposes of the commission.
1938, p. 516; Michie Code 1942, § 1560mm.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-171. Collection from public sewage systems

The commission is authorized and directed when in the judgment of the commission its sewage disposal system, or part thereof, will permit, to collect from any and all public sewage systems within the district all sewage and treat and dispose of the same in such manner as to promote the purposes of the commission.
1938, p. 517; Michie Code 1942, § 1560mm.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-172. Use of public sewer and disposal facilities

In order to carry out and effectuate the purposes of the commission, every commission is authorized to enter upon and use and connect with any existing public drains, sewers, conduits, pipelines, pumping and ventilating stations and treatment plants or works or any other public property of a similar nature within the district, deemed proper by the commission in the exercise of the powers and performance of the duties set forth in this chapter, and, if deemed necessary by the commission, close off and seal outlets and outfalls therefrom. The commission shall not, however, take possession of any such treatment plant unless it acquires the same by purchase, condemnation or otherwise.
1938, p. 523; Michie Code 1942, § 1560ss.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-173. Use of public places

In order to carry out and effectuate the purposes of the commission, every commission is authorized to construct and operate its trunk, intercepting and outlet sewers, conduits and pipelines, 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 unnecessarily interrupted or interfered with and that such streets, alleys, highways and other public places are restored to their former usefulness and condition within a reasonable time; to this end the commission shall cooperate with the Commonwealth Transportation Board and the appropriate officers of the respective counties, cities and towns having an interest in such matters.
1938, p. 523; Michie Code 1942, § 1560tt.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-174. Special contracts for disposal of sewage and other wastes

(a) Every commission is authorized to enter into contracts with the United States of America, or with any department, institution or agency thereof, on such terms and conditions as the commission may approve, providing for or relating to the treatment and disposal of sewage or industrial wastes of or originating in or on any reservation, property, institution, building, or structure within the district owned or under the control of the United States of America, or any department, institution or agency thereof, by means of the sewage disposal system or such other facilities as the commission may determine to provide for such purpose, or in such other manner as the contract may provide.
(b) Every commission is authorized to provide, construct, operate and maintain facilities for the treatment and disposal of industrial wastes originating in the district, and to enter into contracts with any person, on such terms and conditions as the commission may approve, providing for or relating to the treatment and disposal of any such industrial wastes.
(c) Every commission is authorized to enter into contracts with any person owning or operating any sewer system within the district or engaged in treatment or disposal of sewage or industrial wastes originating in the district, on such terms and conditions as the commission may approve, providing for or relating to the treatment and disposal of any sewage or industrial wastes collected in such sewer system or by such person.
1938, p. 524; Michie Code 1942, § 1560yy.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-175. Approval of disposal methods

The method proposed to be used by a commission for treating and disposing of sewage and industrial wastes so as to prevent the pollution of the tidal waters of the district, and any substantial change in such method, 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.
1938, p. 523; Michie Code 1942, § 1560uu.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-176. Prohibition of sale or encumbrance of system

Neither the commission nor any of the counties, cities or towns in whole or in part embraced within the district shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the sewage disposal system of a commission, except such part or parts thereof as may be no longer necessary for the purposes of the commission, whether the same shall originally have been acquired by such commission or by one of the counties, cities or towns. The provisions of this section shall be deemed to constitute a contract with the holders of the bonds of the commission. The sewage disposal system of a commission shall be exempt from any and all liability which may be incurred by, or imposed upon, the commission, or any county, city or town, which, in whole or in part, constitutes any part of any district.
However, a commission may sell, lease as lessor, transfer, or dispose of all or any of its property and facilities in such a manner and upon such terms as the commission may determine to be in the best interest of the district, on the condition that the commission meet and discharge all of the requirements of the bonds issued by the commission, together with all principal, interest, costs and expenses.
1938, p. 523; Michie Code 1942, § 1560vv; 1991, c. 549.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-177. Agents and employees of commission

The commission is authorized, except as otherwise provided in § 21-158, to appoint all agents and employees of the commission, dismiss them, fix their salaries or remuneration, assign their positions and titles, define their respective powers and duties, and require them or any of them to give bond payable to the Commonwealth in such penalty as shall be fixed by the commission conditioned upon the faithful discharge of their duties. Any salary or remuneration payable to any agent or employee in excess of $1,200 per annum shall first be approved by the Governor.
1938, p. 523; Michie Code 1942, § 1560rr; 1946, p. 530.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-178. Funds of commission

(a) All moneys of a commission, whether derived from the sale 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 accordance with any contract of the commission relating thereto. The following provisions of this section shall be applicable to any such moneys only if and to the extent that they are consistent with such contract or contracts of the commission.
(b) Such moneys shall not be required to be paid into the state treasury or into the treasury or to any officer of any county, city or town.
(c) All such moneys 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.
(d) All deposits of such moneys shall be secured by bonds or other direct unlimited obligations of the United States or of the Commonwealth or of any county, city or town of the Commonwealth or of the commission of a market value at least equal at all times to the amount of such deposits, and all banks and trust companies are authorized to give such security for such deposits.
1938, p. 524; Michie Code 1942, § 1560ww.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-179. Accounts and records

Every commission shall keep and preserve complete and accurate accounts and records of all moneys 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 and to the governing body of each city, county and town which is in whole or in part embraced within the district, annually and at such other times as the Governor shall require, complete and accurate reports as to the state and content of such accounts and records, together with such information with respect thereto as the Governor may require.
1938, p. 524; 1940, p. 624; Michie Code 1942, § 1560xx.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 3 - Sanitation Districts Law of 1938 -- Tidal Waters › § 21-180. Authorization

Every commission is authorized to charge and collect fees, rents, or other charges for the use and services of the sewage disposal system. Such fees, rents and charges may be charged to and collected from any person contracting for the same or from the owner or lessee or tenant, or some or all of them, who uses or occupies any real estate which directly or indirectly is or has been connected with the sewage disposal system, or from or on which originates or has originated sewage or industrial wastes, or either, which directly or indirectly have entered or will enter the 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.
1938, p. 517; 1940, p. 622; Michie Code 1942, § 1560nn.