                                 CODE OF VIRGINIA

POWERS AND DUTIES OF GOVERNING BODY (§ 21-118)

After the adoption of such ordinance 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, 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 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, condemnation, purchase,
lease, or otherwise, rights, title, interest, or easements therefor in and to
real estate in such district; and to sell, lease as lessor, transfer or dispose
of any part of any such property, real, personal or mixed, so acquired in such
manner and upon such terms as the governing body of the district may determine
to be in the best interests of the district; provided a public hearing is first
held with respect to such disposition at which inhabitants of the district shall
have an opportunity to be heard. At least seven days&#8217; notice of the time
and place of such hearing and a brief description of the property to be disposed
shall be published in a newspaper of general circulation in the district. Such
public hearing may be adjourned from time to time.

3. To contract with any person, firm, corporation or municipality to construct,
establish, 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.

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 10 days from action by the
governing body.

5. To fix and prescribe or change the rates of charge for the use of any such
system or systems after a public hearing upon notice as provided in &#xA7;
21-118.4 (d), and to provide for the collection of such charges. In fixing such
rates the sanitary district may seek the advice of the State Corporation
Commission.

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. Any locality imposing a tax pursuant to this
subdivision may base the tax on the full assessed value of the taxable property
within the district, notwithstanding any special use value assessment of
property within the sanitary district for land preservation pursuant to Article
4 (&#xA7; 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of
such property has given written consent.

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 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.

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 easements 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. If the property proposed to
be condemned is:
			a. For a waterworks system, the procedure shall be in the manner and under
the restrictions prescribed by Chapter 19.1 (&#xA7; 15.2-1908 et seq.) of Title
15.2, and by Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1;
			b. For the purpose of constructing water or sewer lines, the proceedings
shall be instituted and conducted in accordance with the procedures prescribed
either by Chapter 2 of Title 25.1 or in Chapter 3 (&#xA7; 25.1-300 et seq.) of
Title 25.1; or
			c. For the purpose of constructing water and sewage treatment plants and
facilities and improvements reasonably necessary to the construction and
operation thereof, the proceedings shall be instituted and conducted in
accordance with the procedures provided for the condemnation of land in Chapter
3 of Title 25.1.

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 Commonwealth 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 1 (&#xA7; 15.2-1700 et seq.) of
Chapter 17 of Title 15.2.

HISTORY: 1930, p. 1002; 1934, p. 494; 1936, p. 463; 1938, p. 19; Michie Code
1942, § 1560a; 1952, c. 113; 1956, c. 588; 1960, c. 36; 1962, c. 497; 1976, cc.
585, 684; 1977, cc. 276, 516; 1981, c. 564; 2002, c. 194; 2003, c. 940; 2017, c.
14; 2023, cc. 506, 507.