§ 3.1-49. (Repealed effective October 1, 2008) Activation and organization of authorities
(a) Whenever the governing body or bodies of any such city, county or combination thereof shall adopt, by the affirmative vote of a majority of all of the members thereof, a resolution petitioning the Governor to activate an authority for such city, county or combination thereof, the Governor may by proclamation activate the authority or, if in the opinion of the Governor no substantial need exists therefor, he may decline to do so. The resolution shall state whether it is desired that the authority shall consist of five or seven 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 operations to Hanover County, and appoint the board of directors thereof without proclamation by the Governor. All persons appointed to the board of directors by the governing body of Hanover County shall be residents of the County and shall be appointed and serve in accordance with subsection (c) below.
The Department of Agriculture and Consumer Services, after the completion of a feasibility study requested by the governing body of the city, county, or combination thereof, showing the necessity for a market authority in any area, by resolution, may petition the Governor to activate an authority in that area. The Governor may activate such an authority by proclamation if there is a substantial need for such an authority. The resolution shall state whether the authority should consist of five or seven directors and the proclamation shall designate the number of directors for the authority.
(b) Every authority shall be governed by a board of directors to be appointed by the Governor. One member of the board shall be appointed from a list of three persons nominated by the Director of the Division of Marketing with the approval of the Commissioner of Agriculture and Consumer Services. One member shall be appointed from a list of three persons nominated by the Director of the Virginia Cooperative Extension Service of the Virginia Polytechnic Institute and State University. One member shall be appointed from a list of three persons nominated by the governing body or bodies of such city, county or combination thereof. One member shall be appointed from a list of three wholesale or retail dealers in perishable farm produce nominated by a majority vote of all of the wholesale or retail dealers in such produce doing business in such city, county or combination thereof or on the market after it is in operation, each store unit having one vote. One member shall be appointed from a list of three farmers nominated by the agricultural agents of the several counties contiguous to such city, county or combination thereof or contiguous to the county or counties in which such city is geographically 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 the directors or other governing body of the chamber of commerce of such city, county or combination thereof and one member shall be appointed from a list of 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 contiguous thereto or contiguous to the county or counties in which such city is geographically 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 term of five years, according to the order in which they are listed in this section, respectively. Subsequent appointments shall be made for terms of five years each, except appointments to fill vacancies which shall be for unexpired terms. The terms of the members first appointed shall, for the purpose of determining the expiration dates of their respective terms, be taken to commence on January 1 of the year immediately succeeding the year in which the appointments are made, although the appointment is made and duties are assumed prior thereto. No person shall be eligible to serve for or during more than two successive terms; provided, however, any person heretofore or hereafter appointed to fill an unexpired term may be eligible for two additional successive terms after the term appointed has expired, and incumbency during the current term when this amendment takes effect constitutes the first of the two successive terms. Each member shall continue to hold office until his successor has been appointed. Members of the board shall be subject to removal from office in like manner as are state, county, town and district officers under the provisions of §§ 24.2-230 through 24.2-238. Immediately after such appointment, the directors shall enter upon the performance of their duties. The board shall annually elect one of its members as chairman and another as vice-chairman, and shall also elect annually a secretary and a treasurer, who may or may not be members of the board. One person may be elected to both of the last-named offices. The chairman, or in his absence, the vice-chairman shall preside at all meetings of the board. In the absence of both the chairman and vice-chairman the board shall appoint a chairman pro tempore, who shall preside at such meetings. A majority of the full number of directors shall constitute a quorum for the transaction of the business of the authority, and no vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. The members of the board shall be entitled to reimbursement for their necessary expenses incurred in attendance upon the meetings of the board or while otherwise engaged in the discharge of their duties. Each member of the board shall also be paid a sum to be determined by the board not exceeding twenty-five dollars per day for each day or portion thereof during which he is engaged in the performance of his duties. Such expenses and compensation shall be paid out of the treasury of the authority upon vouchers signed or approved by the chairman of the board or by such other person or persons as may be designated by the board for the purpose.
(d) The members of the board of directors of a produce market authority heretofore appointed pursuant to the provisions of Title 3.1 shall constitute the board of directors of the authority created by this article. They shall serve as such until the expiration of the terms for which they were appointed and the powers and duties conferred and prescribed in this article shall be exercised and performed by such board and all of the other provisions of this article shall be applicable to such board and to such authority. Thereafter, the members of the board shall be appointed pursuant to the provisions of this section.
(Code 1950, § 3-79.3; 1954, c. 407; 1956, c. 77; 1966, c. 702; 1975, c. 135; 1983, c. 379.)
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