15.2-858 - Creation, enlargement, contraction, etc., of sanitary districts.
§ 15.2-858. Creation, enlargement, contraction, etc., of sanitary districts.
A. Notwithstanding any other provision of law, no court shall entertain anypetition filed for the creation, enlargement, contraction, merger,consolidation or dissolution of a district authorized to be created inaccordance with the provisions of Chapters 2 (§ 21-112.22 et seq.), 6 (§21-292 et seq.), 7 (§ 21-427 et seq.), or 8 (§ 21-428 et seq.) of Title 21,Chapter 161, Acts of the Assembly of 1926, as amended, or any other lawproviding for the creation of those subdivisions referred to generally assanitary or small districts hereinafter referred to as "sanitarydistricts." No petition for the creation, enlargement, contraction, merger,consolidation or dissolution of a sanitary district filed by any person orgroup of persons shall be of any effect and any court in which the petitionis filed shall forthwith strike the petition from its dockets and no furtherproceedings thereon shall be had.
B. Notwithstanding any other provision of law, each district created underthe provisions of § 15.2-855 shall be a sanitary district with all the rightsand powers conferred on sanitary districts by general law. However, noincorporated town shall be included within any sanitary district without theconsent of the council of such town.
Every sanitary district and every small and local sanitary district existingin the county shall be dissolved on the date that the form of governmentherein becomes effective and each shall at that time be recreated as a smalldistrict or small districts within the respective sanitary districts. Thecounty shall assume the liabilities of the sanitary district and shall ownall its properties and the existing assets less the liabilities assumed ofsuch sanitary district shall be used by the board as a factor in establishingservice charges within the small district or small districts. The servicesprovided by the former sanitary districts shall be continued by the county inthe new small districts.
Every small and local sanitary district existing in the county on the datethat the form of government herein becomes effective shall at that time becontinued as small and local sanitary districts, and such small and localdistricts, and all small and local districts hereafter created pursuant tothis article shall be deemed sanitary districts for the purpose of borrowingof funds and issuance of bonds for projects within such small districts asprovided for by law for sanitary districts.
Nothing in this section shall affect any sanitary district existing at thetime of adoption of this form of government in which bonds of the districthave been issued and for as long as such bonds are outstanding.
C. Notwithstanding any other provision of law, the board shall have the powerand authority with regard to the creation, enlargement, contraction, merger,consolidation or dissolution of small districts and local districts withinsuch county that is granted to the circuit court for the county in connectiontherewith by Title 21 and by Chapter 161 of the Acts of the Assembly of 1926as amended.
D. The board may create, enlarge, contract, merge, consolidate and dissolvesmall and local districts, by resolution, after giving notice of itsintention to do so by publishing notice in a newspaper having generalcirculation in the county in the manner specified by § 15.2-1427 for theadoption of county ordinances and after conducting a public hearing on theproposed resolution. Any such district may be described in the resolutioneither by a metes and bounds description or by a description that usescommonly known landmarks or geographic maps.
(Code 1950, § 15-384.78; 1960, c. 382; 1962, c. 623, § 15.1-791; 1966, c.464; 1968, c. 797; 1970, c. 218; 1977, c. 231; 1997, c. 587; 2004, c. 561.)