Code of Virginia - Title 15.2 Counties, Cities And Towns - Section 15.2-6304.1 Board of commissioners; Fort Monroe Federal Area Development Authority.

§ 15.2-6304.1. Board of commissioners; Fort Monroe Federal Area Development Authority.

A. In the case of the Fort Monroe Federal Area Development Authority (the Authority) created by the City of Hampton pursuant to § 15.2-6302, the board shall consist of 18 members as follows: seven nonlegislative members appointed by the locality in which the Authority is located, all of whom shall be residents of such locality; two members of the House of Delegates appointed by the Speaker of the House of Delegates, one of whom shall be the member in whose district Fort Monroe is located; two members of the Senate of Virginia appointed by the Senate Committee on Rules, one of whom shall be the member in whose district Fort Monroe is located; two nonlegislative members appointed by the Governor, one of whom shall have recent and significant professional experience in the field of historic preservation, and one of whom shall have recent and significant professional experience in the field of heritage tourism; and the Secretary of Administration, the Secretary of Commerce and Trade, the Assistant to the Governor for Commonwealth Preparedness, the Secretary of Finance, and the Secretary of Natural Resources, all of whom shall serve ex officio with full voting privileges. Members of the board appointed by the locality or the Governor shall serve for terms of not more than four years each. Legislative members and the ex officio members shall serve terms coincident with their terms of office. Vacancies on the board shall be filled in the same manner as the original appointments.

B. The Authority shall adopt and make public bylaws that shall include governance provisions describing the processes by which the Authority shall be operated and the powers and duties of the board. The governance provisions shall include provisions regarding the disposition of funds and property owned by the Authority in the event of the dissolution of the Authority, and these provisions shall control such distribution in lieu of the provisions of § 15.2-6319. For matters pertaining to Fort Monroe, the bylaws shall provide that 12 members shall constitute a quorum of the board for the purpose of conducting its business and exercising its powers and for all other purposes pertaining to Fort Monroe. The affirmative vote of 75 percent of all members of the board shall be required to adopt any final reuse plan or amendment thereto pertaining to Fort Monroe, and for other matters as provided in the bylaws. The board shall keep detailed minutes of its proceedings, which shall be open to public inspection. It shall keep suitable records of all of its financial transactions and shall arrange to have the same audited annually.

C. In formulating a reuse plan for Fort Monroe, the Authority shall give due regard to (i) the site's 400 years of public ownership, (ii) its status as a National Historic Landmark, and (iii) its unique natural resources and outdoor recreational opportunities located at the confluence of Hampton Roads and the Chesapeake Bay. The Authority shall request the U.S. Congressional Representative in whose district Fort Monroe is located to seek a reconnaissance survey from the U.S. Department of Interior to help the Authority evaluate whether Fort Monroe should become affiliated with the National Park System to help manage and preserve the historic and natural resources at Old Point Comfort.

D. As to real property or interests therein owned or held in whole or in part by the Authority, whether acquired by reverter of title, purchase, gift, condemnation, or otherwise, no such real property or ownership interests in the former federal area known as Fort Monroe shall be subject to any land use, zoning, or subdivision ordinance of any city so long as such real property or interests therein are owned or held by the Authority. However, the conveyance of any interest in the real property from the Authority to a private party shall be consistent with Fort Monroe's reuse plan and contingent upon the private party's obtaining all necessary approvals under applicable land use law or ordinance.

E. The provisions of § 15.2-6304 shall apply mutatis mutandis to the Authority.

(2007, cc. 707, 740.)

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Last modified: April 16, 2009