                                 CODE OF VIRGINIA

SANITARY DISTRICTS IN CERTAIN COUNTIES WITH A WATER AND SEWER AUTHORITY (§
21-121.6)

A. This section shall apply to any sanitary district created after January 1,
1993, in a county with an authority created pursuant to the Virginia Water and
Waste Authorities Act (&#xA7; 15.2-5100 et seq.).

B. The circuit court shall not enter an order pursuant to &#xA7; 21-123
requiring an election until a resolution of the governing body requesting the
entry of such order has been filed with the circuit court.

C. Notwithstanding the provisions of &#xA7;&#xA7; 21-125 and 21-128, if an
election conducted pursuant to &#xA7; 21-124 indicates that a majority of the
qualified voters of the sanitary district voting on the question are in favor of
issuing bonds for a purpose for which the sanitary district was created, no
bonds of the sanitary district shall be issued, and the circuit court shall not
require the issuance of such bonds, without the approval of the governing body
of the county.

D. If a sanitary district levies a tax upon property within the sanitary
district pursuant to subdivision 6 of &#xA7; 21-118, such tax shall be based on
the full assessed value of the taxable property within the sanitary 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. In addition to the notice required pursuant to
&#xA7; 21-114, the petitioners shall provide a written notice of the court
hearing to each owner of property within the proposed district which is
currently assessed at its use value pursuant to Article 4 (&#xA7; 58.1-3229 et
seq.) of Chapter 32 of Title 58.1. Such notice shall be mailed, first class, at
least twenty-one days prior to the hearing to each such owner as listed in the
current real estate assessment records, and an affidavit shall be filed with the
court evidencing that such notice has been mailed.

E. The county&#8217;s claim of taxes and its lien on property pursuant to
Article 11 (&#xA7; 58.1-3340 et seq.) of Chapter 32 of Title 58.1 shall have
priority over any claim or lien for any tax levied pursuant to subdivision 6 of
&#xA7; 21-118.

F. The governing body of a sanitary district may enter into agreements with an
authority created pursuant to the Virginia Water and Waste Authorities Act
(&#xA7; 15.2-5100 et seq.) for the construction, operation, use, control,
ownership, and maintenance of any water supply, sewerage or other systems or
facilities located within or outside of the boundaries of the sanitary district.
Such agreements may provide that the authority will provide any service which
the authority is permitted to provide and which the sanitary district may
provide through the construction, establishment, maintenance, and operation of
its own system or systems. The governing body of the county shall have the power
to issue bonds of the sanitary district for the construction, establishment, and
maintenance of any systems providing such service, whether such systems are
owned by the sanitary district or the authority. The sanitary district and the
authority may also agree on the imposition, collection, and use of rates, fees,
and charges relating to such systems, including reimbursements by or to persons
utilizing such systems. Notwithstanding the provisions of subdivision 2 of
&#xA7; 21-118, the sanitary district may sell, lease as lessor, transfer or
dispose of any of its property, real, personal or mixed, to the authority
without holding a public hearing.

HISTORY: 1993, c. 272.