CHAPTER 18

An Act to amend and reenact §§ 28-49.11, 28-49.12, 28-49.18, 28-49.14,
23-$9.15, 28-49.16, 28-49.17 and 23-49. 20 of the Code of Virginia,
relating to Norfolk College so as to effect the merger of Norfolk
College and Old Dominion College under the style of Old Dominion
College; and to amend the Code of Virginia by adding sections num-
bered 23-49.21 and 28-49.22, relating to the authority of the rector and
tisitors of Old Dominion College to sell and to grant certain easements

respectively.
(H 48]
Approved February 17, 1966.

Be it enacted by the General Assembly of Virgi
lL That §§ 23-49.11, 23-49.12, 23-49.13, 23-491 i4, 23-49, 15, 28-49.16,
Sa and 23-49.20 of the Code of Virginia be amended and reenacted
as ws:

§ 23-49.11. * * * The board of visitors of the Old Dominion College
shall be a corporation under the style of “Old Dominion College’, and shall
have, tn addition to its other powers, all the corporate powers given to
corporations by the provisions of Title 18.1; except in those cases where,
by the express terms of the provisions thereof, it 1s confined to corpora-
tions created under such title; and shall also have the power to accept,
execute and administer any trust in which it may have an interest under
the terms creating the trust. The rector and visitors of Old Dominion
College shall at all times be subject to the control of the General Assembly.

§ 23-49.12. “The board of visitors of * Old Dominion College” is *
empowered to choose and maintain a distinctive and appropriate title *, in
addition to its other powers.

§ 23-49.13. All the real estate and personal property now existing
and heretofore standing in the name of the corporate body designated
* “Norfolk College’’, located in Norfolk, and heretofore exclusively used
by the Norfolk College *, shall be transferred to and be known and taken
as standing in the name, and to be under the control, of the corporate
body designated ““The Visitors of * Old Dominion College”. Such real estate
and personal property shall be the property of the Commonwealth of

Virginia.
Every gift, grant, devise or bequest heretofore or hereafter made to
Old Dominion College, for any purpose or purposes, designated by the
donor, the corporation is empowered to receive, take, hold and enjoy the
same for the uses and purposes designated by the donor if he or she shall
so designate, or for the general purposes of the corporation when the gift,
grant, devise or bequest is not so designated, whether the same be given
directly to the corporation, or to trustees for its benefit.

§ 23-49.14. (a) The board of visitors is to consist of thirteen mem-
bers to be appointed by the Governor *, two of which may be nonresidents
of the Commonwealth of Virginia, and the Superintendent of Public
Instruction ex officio.

(b) Prior to July one, nineteen hundred sixty-two, and biennially
thereafter, the Governor shall appoint for the term of four years the
members of the board to take office * July one, nineteen hundred sixty-two.
Seven of said visitors shall be appointed to serve four year terms and six
to serve two year terms. The Governor shall appoint for a term of four
years the Superintendent of Public Instruction as an ex officio visitor, such
membership to be vacated, however, with the termination of his tenure as
Superintendent.

(c) All vacancies, whether occasioned by failure to make an appoint-
ment within the sixty days preceding any regular expiration as required,
or otherwise, are to be filled by the Governor for the unexpired term.

(d) All appointments are subject to confirmation by the General
Assembly if in session when such appointments are made, and if not in
session, then at its next succeeding session. Visitors shall continue to dis-
charge their duties after their terms have expired until their successors
have been appointed and have qualified.

§ 28-49.15. (a) The Governor may appoint visitors from a list of
qualified persons submitted to him, by the alumni association of * Old
Dominion College, or its titular successor, on or before the first day of
July of any year next preceding a year in which the terms of any visitors

expire.

(b) Whenever a vacancy occurs, otherwise than by expiration of
term, the Governor shall certify this fact to the association and nomina-
tions may be submitted of qualified persons and the Governor may fill the
vacancy, if his discretion so dictates, from among the eligible nominees
of the association, whether or not alumni or alumnae.

alt ¢) Every list shall contain at least three names for each vacancy to

(d) The Governor is not to be limited in his appointments to the
persons so nominated.

§ 23-49.16. No person except the ex officio member shall be eligible
to serve for or during more than two successive terms.

__If any visitor fails to perform the duties of his office for one year,
unthout sufficient cause shown to the board, the board of visitors shall, at
their next meeting after the end of such year, cause the fact of such
failure to be recorded in the minutes of their proceedings, and certify the
same to the Governor; and the office of such visitor shall be thereupon
vacant. If so many of such visitors fail to perform their duties that a
quorum thereof do not attend for a year, upon a certificate thereof being
made to the Governor by the rector or any member of the board, or by the
president of the college, the offices of all visitors so failing to attend shall

e vacated.

__ § 23-49.17. (a) The board of visitors shall be vested with all the
rights and powers conferred by the provisions of this chapter insofar as
the same are not inconsistent with the provisions of this chapter and the
general laws of the State.

The board shall control and expend the funds of the College and any
appropriation hereafter provided, and shall make all needful rules and
regulations concerning the College, appoint the president, who shall be its
chief executive officer, and all professors, teachers, staff members and
eared and fix their salaries, and generally direct the affairs of the

tb) The board of visitors shall meet at the College once a year, and
at such other times as they shall determine, the days of meetings to be
fred by them. Five members shall constitute a quorum. At the first meet-
ing after July one, nineteen hundred sixty-two, and every second year
thereafter, they shall appoint from their own body a rector, who shall
preside at their meetings. At the same time they shall appoint a secretary
end a vice-rector to the board. In the absence of the rector or vice-rector
at any meeting, the secretary shall preside, and on the absence of all three,
the board may appoint a pro-tempore officer to preside. Any vacancies in
the offices of rector, vice-rector or secretary may be filled by the board for
the unexpired term. Special meetings of the board may be called by the
rector or any three members. In either of such cases, notice of the time of
meetings shall be given by the secretary to every member.

(ce) At every regulur annual meeting of the board they may appownt
an executive committee for the transaction of business in the recess of the
board, not less than three nor more than five members, to serve for a
period of one year or until the next regular annual meeting.

§ 23-49.20. The College may maintain in connection with its colle-
giate course, which shall be continued, a system of normal instruction and
training for the purpose of educating and training * teachers for the
public free schools of the State.

2 That the Code of Virginia be amended by adding sections numbered
23-49.21 and 23-49.22, as follows:

§ 23-49.21. The rector and visitors of Old Dominion College, with
the approval of the Governor first obtained, are hereby authorized to sell
end convey any and all real estate to which it has acquired title by gift,
devise or purchase since the commencement of the College under any
prerwus name or names, or which may hereafter be conveyed or devised
to tt. The proceeds derived from any such sale or sales shall be held by
saad rector and visitors of Old Dominion College upon the identical trusts,
and subject to the same uses, limitations and conditions, if any, that are
expressed tn the origtnal deed or will under which its title was derived,
or tf there be no such trusts, uses, limitations or conditions expressed in
suck origtnal deed or will, then said funds shall be applied by the rector
and visitors of the College to such purposes as said board may deem best
for the College.

§ 23-49.22. The rector and visitors of Old Dominion College, with
epproval of the Governor first obtained, are hereby authorized to grant
easements for roads, streets, sewers, water lines, electric and other utility
hues or other purpose on any property now owned or hereafter acquired
by said rector and visitors of Old Dominion College, when in the discretion
of the rector and visitors it is deemed proper to grant such easement.

Chapter 18
AUDITOR OF PUBLIC ACCOUNTS
§§ 2.1-158 to 2.1-172
Chapter 18
INVESTMENT OF PUBLIC FUNDS
$§ 2.1-327 to 2.1-329