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1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 1, and § 2 as amended, of Chapter 66 of the Acts of Assembly of 1960 are amended and reenacted as follows:
§ 1. The creation of the Hampton Roads Sanitation District is hereby
ratified, validated and confirmed, and said District shall embrace all the
territory within the Cities of Hampton, Newport News, Norfolk and South
Norfolk, that portion of Princess Anne County contained in Lynnhaven
Magisterial District, Bayside Magisterial District and Kempsville Magisterial
District, that portion of Norfolk County contained in Washington Magisterial
District, Western Branch Magisterial District and that part of Deep Creek
Magisterial District north of Herron Ditch and of a line extending due west
from its junction with Deep Creek Canal, that portion of Isle of Wight County,
other than the Town of Smithfield, contained in Newport Magisterial District
and Hardy Magisterial District, and that portion of Nansemond County contained
in Sleepy Hole Magisterial District and Chuckatuck Magisterial District, all as
said cities and magisterial districts existed on December 30, 1959, provided
the territory annexed to the city of Portsmouth, effective January 1, 1960,
shall cease to be a part of the district, and provided, that all rights of the
Commission and its bondholders shall remain unchanged by such annexation until
adjudicated by a court of competent jurisdiction; and provided, further, that
any one affected may petition such court or the State Corporation Commission to
fix and determine the fair market value of the facilities of the Commission
within the annexed area; said Corporation Commission being hereby authorized
and directed to then make such determination, Chesapeake, Poquoson,
Portsmouth, Suffolk, Virginia Beach and Williamsburg; the Counties of
Gloucester, Isle of Wight, James City, York, King William, Mathews and
Middlesex; and the Town of Urbanna. Territory may be added to the
District as hereinfter provided in this act.
For the purpose of this section the territory of a county included within the District shall include all the territory lying within the boundaries of any town in the county.
Said District shall constitute a political subdivision of Commonwealth established as a governmental instrumentality to provide for the public health and welfare.
§ 2. The functions, affairs and property of the Hampton Roads Sanitation
District shall be managed and controlled by a commission, known as the "Hampton
Roads Sanitation District Commission,", consisting of
eight members appointed by the Governor. The Commission and the term of each
such member shall continue until his successor shall be duly appointed and
qualified. The successor of each such member shall be appointed for a term of
four years and until his successor shall be duly appointed and qualified,
except that any person appointed to fill a vacancy shall serve only for the
unexpired term. Any member of the Commission shall be eligible for
reappointment without limitation as to the number of terms that may be served.
Members of the Commission may be suspended or removed by the Governor at his
pleasure.
At the time of their appointment, one of the members of the Commission, and each of his successors, shall be residents of the territory in the District within the City of Norfolk, one of the members, and each of his successors, shall be residents of the territory in the District within the City of Virginia Beach, one of the members, and each of his successors, shall be residents of the territory in the District within the City of Newport News, one of the members, and each of his successors, shall be residents of the territory in the District within the City of Hampton, one of the members, and each of his successors, shall be residents of the territory in the District within the City of Chesapeake, one of the members, and each of his successors, shall be residents of the territory in the District within the City of Suffolk or Isle of Wight County, one of the members, and each of his successors, shall be residents of the territory in the District within the City of Williamsburg or James City County or York County or the City of Poquoson or Gloucester County or King William County or Mathews County or Middlesex County or the Town of Urbanna, and one of the members, and each of his successors, shall be residents of the territory in the District within the City of Portsmouth. Any member who shall cease to reside within the territory from which he was appointed shall thereupon be disqualified from holding office as a member of the Commission and the vacancy thus created shall be filled by appointment by the Governor for the balance of the unexpired term.
The initial term of the appointee from the City of Chesapeake shall
terminate June 7, 1976, and the initial term of the appointee from the City of
Williamsburg or James City County or York County or the City of Poquoson or
Gloucester County shall terminate June 7, 1977. Both of such Commission
memberships shall be eligible for immediate appointment on July 1, 1976.
The initial term of the appointee from the City of Portsmouth shall
terminate June 7, 1979. Such Commission memberships shall be eligible for
immediate appointment on July 1, 1976.