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2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 36-11 of the Code of Virginia is amended and reenacted as follows:
§ 36-11. Appointment and tenure of commissioners; compensation.
When the need for an authority to be activated in a city or
county has been determined in the manner prescribed by law, the governing body
of the city or county shall appoint not more than nine or less than five
persons as commissioners of the authority created for such city or county. The
governing body of the city or county may subsequently increase the number of
commissioners of the authority to a maximum of nine. The commissioners who are
first appointed shall be designated to serve for terms of one, two, three, four
and five years, respectively, from the date of their appointment, but
thereafter commissioners shall be appointed as aforesaid for a term of office
of four years except that all vacancies shall be filled for the unexpired term.
Except as may be otherwise expressly provided in the charter of a city or town
specifically pertaining to such authority, no commissioner of any authority may
be an officer or employee, of the city or county for which the authority is
created. A commissioner shall hold office until his successor has been
appointed and has qualified. A certificate of the appointment or reappointment
of any commissioner shall be filed with the clerk and such certificate shall be
conclusive evidence of the due and proper appointment of such commissioner. A
commissioner shall receive no compensation for his services, except that a
commissioner shall receive compensation not to exceed $75 for each meeting of
the authority attended by the commissioner, but he. A
commissioner shall be entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of his duties.
Any exercise of the powers of an authority by its commissioners after June 30, 1968, otherwise in compliance with applicable law, is hereby declared to be valid and effective in all respects, notwithstanding that the number of commissioners exercising the powers, though not exceeding seven from July 1, 1968, through June 30, 1978, and not exceeding nine thereafter, may have exceeded the number appointed at the time the need for the authority to be activated had been determined in accordance with this section. No suit or action to vacate or set aside any exercise of said powers may be brought on the ground that the number of commissioners, though not exceeding seven from July 1, 1968, through June 30, 1978, and not exceeding nine thereafter, did exceed the number appointed at the time the need for the authority to be activated had been determined.