77-5-425 - Board of public utilities; appointment and terms of members.
§ 77-5-425. Board of public utilities; appointment and terms of members.
Any municipality, excepting those which have a population of less than two thousand (2,000), issuing bonds under the provisions of this article for the acquisition of an electric plant shall, and any municipality now or hereafter owning or operating an electric plant under this article or any other law may, appoint a board of public utilities (hereinafter called the "board").
The board shall be created in the following manner. At the time the governing body of a municipality issuing bonds under the provisions of this article determines that a majority of the qualified voters voting on the electric resolution have assented to the bond issue for the acquisition of an electric plant, the chief executive officer of the municipality shall, or if no such bonds are issued or if the municipality has a population of less than two thousand (2,000), then at any time he may, with the consent of the governing body of the municipality, appoint two (2) or four (4) men from among the property holders of such municipality who are residents of the municipality and have resided therein for not less than one (1) year next preceding the date of appointment to such board. No regular compensated officer or employee of a municipality shall be eligible for such appointment until at least one (1) year after the expiration of the term of his public office.
The original appointees, if two (2) be appointed, shall serve for two (2) and four (4) years respectively, or if four (4) be appointed, shall serve for one (1), two (2), three (3) and four (4) years respectively, from the first day of July next succeeding the date of appointment, as the said chief executive officer shall designate. Successors to retiring members so appointed shall be appointed for a term of four (4) years in the same manner, prior to the expiration of the term of office of the retiring members.
In addition to the members so appointed, such chief executive officer shall also, with the consent of the governing body of the municipality, designate a member of such governing body to serve as a third or fifth member of the board, as the case may be. The term of such member shall be for such time as the appointing officer may fix, but in no event shall it extend beyond such appointee's term of office in such governing body. Appointments to complete unexpired terms of office shall be made in the same manner as original appointments.
For the purposes of this section, the president of the board of supervisors of a county shall be considered the chief executive officer of the county.
Sources: Codes, 1942, § 5538; Laws, 1936, ch. 185.