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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>65470</law_id><section_number>15.2-2116</section_number><catch_line>Acquisition by county or city of water supply system or sewage system from sanitary district</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="21">Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities</unit><unit label="article" level="4" order_by="1" identifier="2">General Provisions for Public Utilities</unit></structure><text>
						<section><p>Any <span class="dictionary">county</span> or <span class="dictionary">city</span> may acquire any water supply or sewage systems or water supply and sewage system, from any sanitary district in any such <span class="dictionary">county</span> or <span class="dictionary">city</span>, and the sanitary district may convey the system to such <span class="dictionary">county</span> or <span class="dictionary">city</span>, upon: (i) the payment to the sanitary district by the <span class="dictionary">county</span> or <span class="dictionary">city</span> of the amount of any indebtedness owing by the <span class="dictionary">county</span> or <span class="dictionary">city</span> to the sanitary district with respect to such water supply or sewage system or water supply and sewage system (reduced by the amount of any indebtedness owing to the <span class="dictionary">county</span> or <span class="dictionary">city</span> by the sanitary district in respect of such system), provided that any such amount so paid to the sanitary district shall be set aside and applied to the payment of the outstanding bonded indebtedness of the sanitary district incurred with respect to such water supply or sewage system or water supply and sewage system; and (ii) the assumption by the <span class="dictionary">county</span> or <span class="dictionary">city</span> of the outstanding bonded indebtedness of the sanitary district incurred with respect to such water supply or sewage system, or water supply and sewage system, for which payment is not provided for pursuant to clause (i), or any portion thereof, or the payment by the <span class="dictionary">county</span> or <span class="dictionary">city</span> of moneys (reduced by any amounts paid to the sanitary district pursuant to clause (i)) sufficient for, and to be applied to, the payment of the principal of and interest on such bonded indebtedness or portion thereof not assumed by the <span class="dictionary">county</span> or <span class="dictionary">city</span> and for which payment is not provided for pursuant to clause (i), or a combination of such assumption and payment whereby the payment of the principal of and interest on all such <span class="dictionary">bonds</span> shall be made or provided for.
		The <span class="dictionary">county</span> or <span class="dictionary">city</span> may limit its assumption of such sanitary district&#x2019;s bonded indebtedness to payment from the revenues to be derived from rates, rentals, fees and charges for the use and services of such water or sewage system, or water and sewage system. If at any time the revenues derived from rates, rentals, fees and charges for the use and services of such unified system are insufficient to provide for the operation and maintenance of the system and for payment of principal of and interest on such bonded indebtedness of the sanitary district as they become due, the sanitary district shall <span class="dictionary">levy</span> an annual tax upon all property in such sanitary district subject to local taxation to pay such principal and interest as they become due.
		Nothing contained in the immediately preceding sentence shall, however, be construed to relieve the <span class="dictionary">county</span> or <span class="dictionary">city</span> of its obligations under any such agreement to impose rates, rentals, fees and charges for the use and services of such system sufficient to pay the costs of operation and maintenance and to provide for the payment of such principal and interest. Such agreement shall also provide for the assumption by the <span class="dictionary">county</span> or <span class="dictionary">city</span> of the <span class="dictionary">contracts</span> for <span class="dictionary">materials</span> and services pertaining to such water supply or sewage system or water supply and sewage system, entered into by the sanitary district and existing on the day of such acquisition.
		Moneys to be applied to the payment of sanitary district bonded indebtedness under this section shall be applied to such payment upon the earlier of the stated maturity of such <span class="dictionary">bonds</span> or the first date after the acquisition that such <span class="dictionary">bonds</span> may be redeemed in accordance with their terms. Pending such application, such moneys may be invested by the governing bodies in investments permitted by subdivisions 1, 2 and 3 of &#xA7;&#xA0;<a class="law" title="Legal investments for public sinking funds" href="/2.2-4500/">2.2-4500</a>, exclusive of revenue <span class="dictionary">bonds</span>. Amounts earned from time to time on the investment of such moneys and not required for the payment of the principal of and interest and premium, if any, on such bonded indebtedness shall be paid to such <span class="dictionary">county</span> or <span class="dictionary">city</span> and applied to water supply or sewerage purposes, or both. The <span class="dictionary">county</span> or <span class="dictionary">city</span> may enter into a <span class="dictionary">contract</span> with any bank or trust company within or outside the Commonwealth, not inconsistent with the foregoing provisions, with respect to the safekeeping and application of the moneys set aside in accordance herewith for the payment of such bonded indebtedness of such sanitary district, the investment of such moneys and the safekeeping and application of the earnings on such investment.
		If there is a sanitary district in any such <span class="dictionary">county</span> or <span class="dictionary">city</span> having both a water supply system and a sewage system, the governing bodies, in their discretion, may acquire either or both of such systems, and if there is a single indebtedness against both such systems and the governing bodies elect to acquire only one such system, then the <span class="dictionary">governing body</span> is authorized and empowered to assume such indebtedness in whole or in part. Any such water or sewage system or water and sewage system acquired by any <span class="dictionary">county</span> or <span class="dictionary">city</span> hereunder shall constitute a &#x201C;project&#x201D; as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/15.2-2602/">15.2-2602</a>, and such <span class="dictionary">county</span> or <span class="dictionary">city</span> in respect of such project shall have all the powers granted by the Public Finance Act (&#xA7;&#xA0;<a class="law" title="Short title" href="/15.2-2600/">15.2-2600</a> et seq.). Any acquisition pursuant to this section of a water supply or sewage system, or water supply and sewage system, of a sanitary district shall be made pursuant to an agreement entered into between the <span class="dictionary">county</span> or <span class="dictionary">city</span> and such district. No proceeding or approvals other than those specifically required by this section shall be required for the acquisition by the <span class="dictionary">county</span> or <span class="dictionary">city</span> from any sanitary district, or the conveyance to the <span class="dictionary">county</span> or <span class="dictionary">city</span> by any sanitary district, of any such system or systems.</p></section></text><history>1948, c. 154, &#xA7; 15.1-293.1; 1972, c. 220; 1997, c. 587.</history><metadata></metadata></law>
