2006 Code of Virginia § 3.1-49 - Activation and organization of authorities

3.1-49. Activation and organization of authorities.

(a) Whenever the governing body or bodies of any such city, county orcombination thereof shall adopt, by the affirmative vote of a majority of allof the members thereof, a resolution petitioning the Governor to activate anauthority for such city, county or combination thereof, the Governor may byproclamation activate the authority or, if in the opinion of the Governor nosubstantial need exists therefor, he may decline to do so. The resolutionshall state whether it is desired that the authority shall consist of five orseven directors, and the proclamation, if issued, shall designate the number.However, the governing body of Hanover County may, at its sole discretion,establish such authority, which authority shall be limited in its operationsto Hanover County, and appoint the board of directors thereof withoutproclamation by the Governor. All persons appointed to the board of directorsby the governing body of Hanover County shall be residents of the County andshall be appointed and serve in accordance with subsection (c) below.

The Department of Agriculture and Consumer Services, after the completion ofa feasibility study requested by the governing body of the city, county, orcombination thereof, showing the necessity for a market authority in anyarea, by resolution, may petition the Governor to activate an authority inthat area. The Governor may activate such an authority by proclamation ifthere is a substantial need for such an authority. The resolution shall statewhether the authority should consist of five or seven directors and theproclamation shall designate the number of directors for the authority.

(b) Every authority shall be governed by a board of directors to be appointedby the Governor. One member of the board shall be appointed from a list ofthree persons nominated by the Director of the Division of Marketing with theapproval of the Commissioner of Agriculture and Consumer Services. One membershall be appointed from a list of three persons nominated by the Director ofthe Virginia Cooperative Extension Service of the Virginia PolytechnicInstitute and State University. One member shall be appointed from a list ofthree persons nominated by the governing body or bodies of such city, countyor combination thereof. One member shall be appointed from a list of threewholesale or retail dealers in perishable farm produce nominated by amajority vote of all of the wholesale or retail dealers in such produce doingbusiness in such city, county or combination thereof or on the market afterit is in operation, each store unit having one vote. One member shall beappointed from a list of three farmers nominated by the agricultural agentsof the several counties contiguous to such city, county or combinationthereof or contiguous to the county or counties in which such city isgeographically located. In the event the number of directors is to be seven,one member shall be appointed from a list of three persons nominated by thedirectors or other governing body of the chamber of commerce of such city,county or combination thereof and one member shall be appointed from a listof three food retail merchants nominated by the governing body of such city,county or combination thereof. All nominees shall be residents of such city,county or combination thereof or of one of the several counties contiguousthereto or contiguous to the county or counties in which such city isgeographically located.

(c) The members first appointed shall be appointed one each for terms of one,two, three and four years, and one or three, as the case may be, for a termof five years, according to the order in which they are listed in thissection, respectively. Subsequent appointments shall be made for terms offive years each, except appointments to fill vacancies which shall be forunexpired terms. The terms of the members first appointed shall, for thepurpose of determining the expiration dates of their respective terms, betaken to commence on January 1 of the year immediately succeeding the year inwhich the appointments are made, although the appointment is made and dutiesare assumed prior thereto. No person shall be eligible to serve for or duringmore than two successive terms; provided, however, any person heretofore orhereafter appointed to fill an unexpired term may be eligible for twoadditional successive terms after the term appointed has expired, andincumbency during the current term when this amendment takes effectconstitutes the first of the two successive terms. Each member shall continueto hold office until his successor has been appointed. Members of the boardshall be subject to removal from office in like manner as are state, county,town and district officers under the provisions of 24.2-230 through24.2-238. Immediately after such appointment, the directors shall enter uponthe performance of their duties. The board shall annually elect one of itsmembers as chairman and another as vice-chairman, and shall also electannually a secretary and a treasurer, who may or may not be members of theboard. One person may be elected to both of the last-named offices. Thechairman, or in his absence, the vice-chairman shall preside at all meetingsof the board. In the absence of both the chairman and vice-chairman the boardshall appoint a chairman pro tempore, who shall preside at such meetings. Amajority of the full number of directors shall constitute a quorum for thetransaction of the business of the authority, and no vacancy in themembership of the board shall impair the right of a quorum to exercise allthe rights and perform all the duties of the authority. The members of theboard shall be entitled to reimbursement for their necessary expensesincurred in attendance upon the meetings of the board or while otherwiseengaged in the discharge of their duties. Each member of the board shall alsobe paid a sum to be determined by the board not exceeding twenty-five dollarsper day for each day or portion thereof during which he is engaged in theperformance of his duties. Such expenses and compensation shall be paid outof the treasury of the authority upon vouchers signed or approved by thechairman of the board or by such other person or persons as may be designatedby the board for the purpose.

(d) The members of the board of directors of a produce market authorityheretofore appointed pursuant to the provisions of Title 3.1 shall constitutethe board of directors of the authority created by this article. They shallserve as such until the expiration of the terms for which they were appointedand the powers and duties conferred and prescribed in this article shall beexercised and performed by such board and all of the other provisions of thisarticle shall be applicable to such board and to such authority. Thereafter,the members of the board shall be appointed pursuant to the provisions ofthis section.

(Code 1950, 3-79.3; 1954, c. 407; 1956, c. 77; 1966, c. 702; 1975, c. 135;1983, c. 379.)