Code of
Virginia
Sections related to Mosquito Control Districts:
� 32.1-187. Counties, cities and towns may create mosquito control
districts.
The governing body of any county, city or town, either alone or jointly
with one or more other counties, cities or towns, may create one or more
mosquito control districts. A mosquito control district may comprise the whole
or any part of the county, city or town or combination thereof creating such
district, except that no mosquito control district in a county shall include the
territory within an incorporated town within such county except by agreement
with such town.
� 32.1-188. Consolidation of districts.
The
governing body of any city which has established more than one mosquito control
district pursuant to � 32.1-187 may, by ordinance, consolidate such districts
under a single commission which shall function under the appropriate city
department as determined by the local governing body.
� 32.1-189. Mosquito control commission; composition; appointment of
members. Each
mosquito control district shall be administered by a commission of three
members, one of whom shall be the Commissioner or his designee. The Commissioner
or his designee shall serve as chairman of each such commission. Where a
mosquito control district consists of territory wholly within one political
subdivision, the governing body of that political subdivision shall appoint the
other two members of the commission; where a mosquito control district shall
consist of territory in two political subdivisions, the governing body of each
such political subdivision shall appoint one member; and where any mosquito
control district shall by agreement between political subdivisions consist of
territory lying within more than two political subdivisions, the remaining two
members of the commission for that district shall be appointed by the
Commissioner from the residents of such district.
� 32.1-190. Powers of commission; oath and terms of members; vacancies.
Each
mosquito control commission district shall be a body politic and corporate and
shall have all the powers necessary to carry into effect all of the provisions
of this article. Each member of any such commission shall take and subscribe to
the oath prescribed by � 49-1. The term of each commission member other than
the Commissioner or his designee shall be four years and thereafter until his
successor has been duly appointed and qualified. A vacancy other than by
expiration of term shall be filled for the unexpired term by the authority
originally making the appointment.
� 32.1-191. Secretary of commission.
A
mosquito control commission shall appoint its secretary either from the
membership of such commission or otherwise and shall fix his compensation. The
commission may require bond of its secretary in excess of the funds which may
come into his hands and conditioned upon the faithful application of such funds.
� 32.1-192. Further powers of commission.
Each mosquito control commission is empowered to
employ all necessary personnel and to perform all acts necessary to control and
eliminate mosquitoes in the district but such actions shall be subject to
private property rights in the areas in which the work of the commission is
performed.
� 32.1-193. Eminent domain. Each
mosquito control commission is vested with the power of eminent domain to the
extent necessary to carry out the provisions of this article. Condemnation
proceedings shall be instituted and conducted in the name of the mosquito
control commission for the district in which such property is located or the
district for which its acquisition is deemed necessary and shall be conducted as
prescribed by Title 25.
� 32.1-194. Special tax authorized.
The
governing body of any county, city or town, the whole or a part of whose
territory is contained within a mosquito control district, is hereby authorized
and empowered to levy annually a special tax upon all real and personal property
subject to local taxation within the territory located within such county, city
or town which is a part of such mosquito control district of not exceeding 25/c
per $100 of assessed valuation thereof, and all funds received from any tax levy
so made shall be paid to the mosquito control commission for the mosquito
control district in which the property subject to such levy is, and shall be
expended by such mosquito control commission for the purposes authorized by this
article.
� 32.1-195. Contributions from Board.
The
Board is hereby authorized to contribute annually to any mosquito control
commission a sum not more than 25 percent of the gross amount obtained by such
commission annually from any special tax levy authorized by this article or
contributed to such commission annually by direct appropriation of any county,
city, town or combination thereof, but any such amount so contributed by the
Board shall not exceed $10,000 in any 1 year; except that where separate
mosquito control commissions have been consolidated pursuant to � 32.1-188,
such maximum amount shall be computed so as to allow a contribution to that
consolidated district in an amount not less than was received prior to such
consolidation by all of the separate districts.
� 32.1-196. Disposition of funds not needed for mosquito control.
Whenever funds accumulated by a mosquito control
district are determined by the commission for such district to be no longer
needed for the control of mosquitoes, such commission may transfer such funds as
follows: (1) funds contributed by the Board, to the state treasury, (2) funds
contributed by a county, city or town, to the treasury of such county, city or
town, and (3) funds contributed by levy of a special tax upon property, to the
treasury of the county, city or town wherein such property lies.
� 32.1-197. Compensation and expenses of members of commission.
The members of any mosquito control commission
shall receive no salary for their services as such but shall receive necessary
expenses incurred while actually engaged in discharge of their duties, to be
paid out of the funds under the control of such commission; provided, however,
that if any member shall be appointed secretary for his commission, he may be
paid, and shall be entitled to receive, such compensation as the commission may
determine.
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