CODE OF VIRGINIA

ABOLISHING SANITARY DISTRICTS (§ 21-117.1)

Any sanitary district heretofore or hereafter created in any county under the
provisions of the preceding sections of this article, may be abolished by an
order entered by the circuit court of such county, or the judge thereof in
vacation, upon the petition of the governing body of the county and of no less
than 50 qualified voters residing within the boundaries of the district desired
to be abolished, or if the district contains less than 100 qualified voters upon
petition of the governing body of the county and fifty percent of the qualified
voters residing within the boundaries of such district.Upon filing of the
petition, the court shall fix a day for a hearing on the question of abolishing
the sanitary district which hearing shall embrace a consideration of whether the
property in the sanitary district will or will not be benefited by the abolition
thereof and the court shall be fully informed as to the obligations and
functions of the sanitary district. Notice of such hearing shall be given by
publication once a week for three consecutive weeks in some newspaper of general
circulation within the county to be designated by the court or the judge thereof
in vacation. At least ten days shall intervene between the completion of the
publication and the date set for hearing, and such publication shall be
considered complete on the twenty-first day after the first publication and no
such district shall be abolished until the notice has been given and the hearing
had.Any interested parties may appear and be heard on any matters pertaining to
the subject of the hearing.Upon the hearing, such order shall be made and
entered as to the court or judge may seem equitable and proper, concerning the
abolition of the district and as to the funds on hand to the credit of the
district. Provided, however, that no such order shall be made abolishing the
sanitary district unless any bonds of the sanitary district which have
theretofore been issued have been redeemed and the purposes for which the
sanitary district was created have been completed, or, unless all obligations
and functions of the sanitary district have been taken over by the county as a
whole, or, unless the purposes for which the sanitary district was created are
impractical or impossible of accomplishment and no obligations have been
incurred by said sanitary district.

HISTORY: 1954, c. 135.