§ 14-88-312 - Members -- Increase in number in certain cities.
14-88-312. Members -- Increase in number in certain cities.
(a) (1) Whenever a majority in value of the owners of real property in any municipal improvement district in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census shall petition the city council of the creating municipality for the board of improvement to be enlarged from three (3) members to five (5) members, then the city council shall pass an ordinance to expand the number of members of the board of improvement for the district, and to appoint two (2) additional owners of real property as commissioners of the district. Thereafter, the total membership of the board of improvement shall consist of five (5) members who shall serve staggered terms of three (3) years.
(2) The initial terms of office of the two (2) additional members shall be determined by the appointing ordinance with one (1) individual serving an initial term of three (3) years and the second individual serving an initial term of two (2) years. Thereafter, the terms of office shall be three (3) years.
(3) Commissioners serving at the time the petition is filed shall continue to serve.
(b) Vacancies in the two (2) additional commissioners' positions shall be filled in the same manner as provided for filling vacancies under 14-88-303. The position shall be filled for the remainder of the unexpired term, except that no person who is removed as a commissioner shall qualify.
(c) All action by the board of commissioners of any municipal improvement district affected by this section shall be by a majority vote of the membership of the board of improvement.