21-121.6 - Sanitary districts in certain counties with a water and sewer authority.
§ 21-121.6. Sanitary districts in certain counties with a water and sewerauthority.
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 Waterand Waste Authorities Act (§ 15.2-5100 et seq.).
B. The circuit court shall not enter an order pursuant to § 21-123 requiringan election until a resolution of the governing body requesting the entry ofsuch order has been filed with the circuit court.
C. Notwithstanding the provisions of §§ 21-125 and 21-128, if an electionconducted pursuant to § 21-124 indicates that a majority of the qualifiedvoters of the sanitary district voting on the question are in favor ofissuing bonds for a purpose for which the sanitary district was created, nobonds of the sanitary district shall be issued, and the circuit court shallnot require the issuance of such bonds, without the approval of the governingbody of the county.
D. If a sanitary district levies a tax upon property within the sanitarydistrict pursuant to subdivision 6 of § 21-118, such tax shall be based onthe full assessed value of the taxable property within the sanitary district,notwithstanding any special use value assessment of property within thesanitary district for land preservation pursuant to Article 4 (§ 58.1-3229 etseq.) of Chapter 32 of Title 58.1. In addition to the notice requiredpursuant to § 21-114, the petitioners shall provide a written notice of thecourt hearing to each owner of property within the proposed district which iscurrently assessed at its use value pursuant to Article 4 (§ 58.1-3229 etseq.) 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 inthe current real estate assessment records, and an affidavit shall be filedwith the court evidencing that such notice has been mailed.
E. The county's claim of taxes and its lien on property pursuant to Article11 (§ 58.1-3340 et seq.) of Chapter 32 of Title 58.1 shall have priority overany claim or lien for any tax levied pursuant to subdivision 6 of § 21-118.
F. The governing body of a sanitary district may enter into agreements withan authority created pursuant to the Virginia Water and Waste Authorities Act(§ 15.2-5100 et seq.) for the construction, operation, use, control,ownership, and maintenance of any water supply, sewerage or other systems orfacilities located within or outside of the boundaries of the sanitarydistrict. Such agreements may provide that the authority will provide anyservice which the authority is permitted to provide and which the sanitarydistrict may provide through the construction, establishment, maintenance,and operation of its own system or systems. The governing body of the countyshall have the power to issue bonds of the sanitary district for theconstruction, establishment, and maintenance of any systems providing suchservice, whether such systems are owned by the sanitary district or theauthority. The sanitary district and the authority may also agree on theimposition, collection, and use of rates, fees, and charges relating to suchsystems, including reimbursements by or to persons utilizing such systems.Notwithstanding the provisions of subdivision 2 of § 21-118, the sanitarydistrict may sell, lease as lessor, transfer or dispose of any of itsproperty, real, personal or mixed, to the authority without holding a publichearing.
(1993, c. 272.)