CHAPTER 82

AN ACT to amend and reenact §§ 36-11 as amended, 36-13, 36-17 and 86-47
of the Code of Virginia, relating to appointment and removal of com-
missioners of housing authorities, and appointment of chairmen of
such commissioners.

[S 68]

Approved February 21, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 36-11 as amended, 36-13, 36-17 and 36-47 of the Code of
Virginia be amended and reenacted as follows:

§ 36-11. 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 five persons as commissioners
of the authority created for * such city * or county. 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 un-
expired term. Except as may be otherwise expressly provided in the
charter of a city or town specifically pertaining to such authority, no com-
missioner 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 re-appointment 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, but he shall be entitled to the necessary
expenses, including traveling expenses, incurred in the discharge of his

uties.

36-13. * The governing body of the city or county shall designate
which of the commissioners appointed shall be the first chairman, but
when the office of the chairman of the authority thereafter becomes vacant,
the authority shall select a chairman from among its commissioners. An
authority shall select from among its commissioners a vice-chairman, and
it may employ a secretary (who shall be executive director), technical
experts and such other officers, agents and employees, permanent and
temporary, as it may require, and shall determine their qualifications,
duties and compensation.

§ 36-17. For inefficiency or neglect of duty or misconduct in office, a
commissioner of an authority of any city or county may be removed by
the * governing body of such city or county; but a commissioner may be
removed only after he shall have been given a copy of the charges at least
ten days prior to the hearing thereon and had an opportunity to be heard
In person or by counsel. In the event of the removal of any commissioner,
arecord of the proceedings, together with the charges and findings thereon,
shall be filed in the office of the clerk.

§ 36-47. If the governing body of each of two or more municipalities
(whether or not contiguous) by resolution declares that there is a need for
one housing authority to be created for all of such municipalities to
exercise in such municipalities the powers and other functions prescribed
for a consolidated housing authority, a political subdivision of the Com-
monwealth to be known as a consolidated housing authority (with such
corporate name as it selects) shall thereupon exist for all of such municipali-
ties and exercise its public and corporate powers and other functions
within its area of operation (as herein defined), including the power to
undertake projects therein; and thereupon each housing authority (if
any) created for each of such municipalities shall cease to exist except for
the purpose of winding up its affairs and executing a deed of its real
property to the consolidated housing authority: Provided that the creation
of a consolidated housing authority and the finding of need therefor shall
be subject to the same provisions and limitations of this chapter as are
applicable to the creation of a regional housing authority and that all of
the provisions of this chapter applicable to regional housing authorities
and the commissioners thereof shall be applicable to consolidated housing
authorities and the commissioners thereof; provided further that the area
of operation of a consolidated housing authority shall include all of the
territory within the boundaries of each municipality joining in the creation
of such authority, except that such area of operation may be changed to
include or exclude any municipality or municipalities in the same manner
and under the same provisions as provided in this chapter for changing
the area of operation of a regional housing authority by including or
excluding a county or counties; and provided further that for all such
purposes, the term “board of supervisors” shall be construed as meaning
“governing body” *. The term “county” shall be construed as meaning
“municipality” and the terms “county housing authority” and “regional
housing authority” shall be construed as meaning “housing authority of
the city” and “consolidated housing authority”, respectively, unless a
different meaning clearly appears from the context.

The governing body of a municipality for which a housing authority
has not been created shall not adopt the above resolution unless it first
declares that there is a need for a consolidated housing authority to function
in said municipality, which declaration shall be made in the same manner
and subject to the same conditions as the declaration of the governing
body of a city required by § 36-4 for the purpose of authorizing a housing
authority created for a city to transact business and exercise its powers.

Except as otherwise provided herein, a consolidated housing authority
and the commissioners thereof shall, within the area of operation of such
consolidated housing authority, have the same functions, rights, powers,
duties, privileges, immunities and limitations as those provided for housing
authorities created for cities, counties, or groups of counties and the com-
missioners of such housing authorities, in the same manner as though all
the provisions of law applicable to housing authorities created for cities,
counties, or groups of counties were applicable to consolidated housing
authorities.

The term “municipality” as used in this chapter shall mean any city
or town in the Commonwealth.