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An Act to amend and reenact § 1, as amended, § 2, and § 3, as amended, of Chapter XXV (A.1) of Chapter 431 of the Acts of Assembly of 1950, which provided a charter for the City of Hopewell, relating to the Hopewell Water Renewal Commission.
Be it enacted by the General Assembly of Virginia:
1. That § 1, as amended, § 2, and § 3, as amended, of Chapter XXV (A.1) of Chapter 431 of the Acts of Assembly of 1950 are amended and reenacted as follows:
§ 1. Created; general function; composition; appointment and terms of members.
There shall be a regional wastewater treatment facility commission which shall be known as the Hopewell Water Renewal Commission (hereinafter in this chapter referred to as the "Commission"), which shall act on behalf of the City of Hopewell as hereinafter provided, with respect to a regional wastewater treatment facility owned by the City of Hopewell to provide treatment for disposal of sanitary and industrial waste from the City of Hopewell and vicinity. The Commission shall consist of up to nine members
,
who need not be residents of the city
,
and who shall be appointed by a majority of city council. Up to
six
seven
members shall be from nominees submitted by
manufacturers
users
(each
nominating with respect to
user may nominate
one
membership
member
) which provide assistance in the planning and financing for the regional wastewater treatment facility or which are or will be users of said facility. Each new nominating
manufacturer
user
, meaning
manufacturers
users
or their predecessors having not previously submitted nominations to the Commission, shall provide a
reasonable, market-based
capital contribution
in an amount determined
, based on expected facility usage and consistent with the net present value of the existing users' prior capital contributions, agreed to
by the city council upon recommendation by the Commission.
Three
Two
additional members shall be a city councilor
,
and
the city manager
, and the city attorney
. Any vacancy in the appointive membership of the Commission, however occurring, shall be promptly filled by the city council for the unexpired term in the same manner and from the same source as the original appointment to the vacated position.
§ 2.
Governance.
The City of Hopewell may contract with manufacturers as provided in § 1 above for appointment of members of the Commission from the nominees of such manufacturers and for maintenance of their majority representation. Any such contract within the scope of this chapter shall be valid and enforceable.
Every action taken or decision made by the Commission, in addition to requiring agreement by a majority of its members, shall require agreement by either the city manager or the member of city council to be effective.
§ 3. Powers and duties.
The Commission shall
help
be authorized
and
assist in
empowered to review and direct
the
financing, design, construction, improvement, repair,
maintenance
, operation
and expansion of the facility.
The Commission shall exercise full authority and responsibility in the operation, maintenance, improvement and repair of the facility, subject, however, to overrule of any of its actions by the city council. The Commission shall have such further duties as the city council may from time to time direct.