21-118 - Powers and duties of governing body.
§ 21-118. Powers and duties of governing body.
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, garbage removaland disposal, heat, light, fire-fighting equipment and power and gas systemsand sidewalks for the use and benefit of the public in such sanitarydistricts.
2. To acquire by gift, condemnation, purchase, lease, or otherwise, and tomaintain and operate any such water supply, sewerage, garbage removal anddisposal, heat, light, fire-fighting equipment and power and gas systems andsidewalks in such district and to acquire by gift, condemnation, purchase,lease, or otherwise, rights, title, interest, or easements therefor in and toreal estate in such district; and to sell, lease as lessor, transfer ordispose of any part of any such property, real, personal or mixed, soacquired in such manner and upon such terms as the governing body of thedistrict may determine to be in the best interests of the district; provideda public hearing is first held with respect to such disposition at whichinhabitants of the district shall have an opportunity to be heard. At leastten days' notice of the time and place of such hearing and a briefdescription of the property to be disposed shall be published in a newspaperof general circulation in the district. Such public hearing may be adjournedfrom time to time.
3. To contract with any person, firm, corporation or municipality toconstruct, establish, maintain and operate any such water supply, sewerage,garbage removal and disposal, heat, light, fire-fighting equipment and powerand gas systems and sidewalks in such district.
4. To require owners or tenants of any property in the district to connectwith any such system or systems, and to contract with the owners or tenantsfor such connections. The owners or tenants shall have the right of appeal tothe circuit court or the judge thereof in vacation within 10 days from actionby the governing body.
5. To fix and prescribe or change the rates of charge for the use of any suchsystem or systems after a public hearing upon notice as provided in §21-118.4 (d), and to provide for the collection of such charges. In fixingsuch rates the sanitary district may seek the advice of the State CorporationCommission.
6. To levy and collect an annual tax upon all the property in such sanitarydistrict subject to local taxation to pay, either in whole or in part, theexpenses and charges incident to constructing, maintaining and operatingwater supply, sewerage, garbage removal and disposal, heat, light,fire-fighting equipment and power and gas systems and sidewalks for the useand benefit of the public in such sanitary district. Any locality imposing atax pursuant to this subdivision may base the tax on the full assessed valueof the taxable property within the district, notwithstanding any special usevalue assessment of property within the sanitary district for landpreservation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 ofTitle 58.1, provided the owner of such property has given written consent.
7. To employ and fix the compensation of any technical, clerical or otherforce and help which from time to time, in their judgment, may be deemednecessary for the construction, operation or maintenance of any such systemor systems and sidewalks.
8. To negotiate and contract with any person, firm, corporation ormunicipality with regard to the connections of any such system or systemswith any other system or systems now in operation or hereafter established,and with regard to any other matter necessary and proper for the constructionor operation and maintenance of any such system within the sanitary district.
9. The governing body shall have the same power and authority for theabatement of nuisances in such sanitary district as is vested by law incouncils of cities and towns for the abatement of nuisances therein, and itshall be the duty of the governing body to exercise such power when any suchnuisance shall be shown to exist.
10. Proceedings for the acquisition of rights, title, interest or easementsin and to real estate, by such sanitary districts in all cases in which theynow have or may hereafter be given the right of eminent domain, may beinstituted and conducted in the name of such sanitary district. If theproperty proposed to be condemned is:
a. For a waterworks system, the procedure shall be in the manner and underthe restrictions prescribed by Chapter 19.1 (§ 15.2-1908 et seq.) of Title15.2, and by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1;
b. For the purpose of constructing water or sewer lines, the proceedingsshall be instituted and conducted in accordance with the proceduresprescribed either by Chapter 2 of Title 25.1 or in Chapter 3 (§ 25.1-300 etseq.) of Title 25.1; or
c. For the purpose of constructing water and sewage treatment plants andfacilities and improvements reasonably necessary to the construction andoperation thereof, the proceedings shall be instituted and conducted inaccordance with the procedures provided for the condemnation of land inChapter 3 of Title 25.1.
11. To appoint, employ and compensate out of the funds of the district asmany persons as special policemen as may be deemed necessary to maintainorder and enforce the criminal and police laws of the Commonwealth and of thecounty within such district. Such special policemen shall have, within suchdistrict and within one-half mile thereof, all of the powers vested inpolicemen appointed under the provisions of Article 1 (§ 15.2-1700 et seq.)of Chapter 17 of Title 15.2.
(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.)