15.2-7205 - Appointment of a Board of Directors.
§ 15.2-7205. Appointment of a Board of Directors.
A. The powers of the Authority shall be vested in an Authority Board ofDirectors consisting of nine directors. The number of Directors on the Boardmay not be increased by the Authority Board.
B. The Authority's Board, which will initially take office on July 1, 2010,shall be constituted as follows:
1. Four Bristol, Virginia, citizen appointees. The four Bristol, Virginia,citizen appointees currently on the Bristol Virginia Utilities Board arehereby directors on the Authority's Board and their respective terms areextended on the Authority Board as follows:
a. The term ending June 30, 2010, will be extended to end June 30, 2014.
b. The term ending June 30, 2011, will be extended to end June 30, 2015.
c. The second term ending June 30, 2011, will be extended to end June 30,2016.
d. The term ending June 30, 2012, will be extended to end June 30, 2016.
Each of said members will thereafter be eligible for one additionalconsecutive four-year term pursuant to the limitation set forth herein.
2. Two members appointed by the Bristol City Council who are members of theBristol City Council serving on the Bristol Virginia Utilities Board as ofJune 1, 2010. Such members shall serve a four-year term, coterminous withtheir term on Council, commencing July 1, 2010. Should no present member ofCouncil serving on the Bristol Virginia Utilities Board be a member ofCouncil on that date, Council may appoint two other members of Council toserve on the initial Authority Board for a term that is coterminous with thatmember's term on Council.
3. One new Bristol, Virginia, citizen, who is not a city council member. Suchcitizen will be appointed by the Bristol, Virginia, City Council and shallserve a term from July 1, 2010, until June 30, 2015.
4. One new member, a Bristol, Virginia, citizen, appointed by the BristolVirginia Utilities Board whose term will start July 1, 2010, and end June 30,2014.
5. One member of the Board of Supervisors of Washington County, Virginia, whowill be appointed by that Board of Supervisors to a four-year termcoterminous with his or her term on the Board of Supervisors commencing July1, 2010.
C. If any appointments to the initial Board are made prior to the effectivedate of this chapter, such appointments shall be deemed valid and effectiveas of such date.
D. The City Council shall elect, in addition to its Council members, three ofthe Bristol, Virginia, citizen Board members when the above terms expire. Theremaining three Bristol, Virginia, citizen members will be elected by theAuthority Board when the above terms expire. The City Council and theAuthority Board will alternate electing persons to fill an expiring termuntil each has appointed the number it appoints to the Board. Any vacancy ina term shall be filled by the body making the original appointment and shallbe for the remainder of the term. Said appointment shall be made within 30days from the date the vacancy occurs.
E. The term of the Council members shall be for four years coterminous withthose members' terms of office on the City Council. Those City CouncilMembers may serve as many terms as the City Council decides as long as theappointees are members of the City Council. The City Council may appointother members of the City Council at the end of any four-year Council term orupon exit of the Council member from the Council. In the latter case theCouncil Member will serve for the remainder of the term vacated by an exitingCity Council member.
F. All other directors shall serve four-year terms, except for the longerappointments to the initial Board. Those directors may serve a maximum of twoterms and then must be off the Board for one full year before election tofill another full term or to fill the remainder of a vacated term.
G. If funds are available, each director may be reimbursed by the Authorityfor the amount of actual expenses incurred by him in the performance of hisduties. Such expense allowance shall constitute a cost of operation andmaintenance of such utility systems and shall be prorated among each of thesystems it manages using the "3-Factor" allocation method approved by theCommission. The three factors consist of the percentages that each divisioncomprises of total plant in service, total operating revenues, and totalcustomer accounts. Once each operating division's percentage of each of thethree factors is calculated, the sum of the three factors divided by 3results in the operating division's share of the total direct or indirectcosts.
(2010, cc. 117, 210.)