| 15 | + | SYNOPSIS: |
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| 16 | + | Existing law provides that an individual who |
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| 17 | + | holds an office with the State of Alabama or a county |
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| 18 | + | or municipality may not also serve as a director of a |
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| 19 | + | local water, sewer, or fire protection authority. |
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| 20 | + | This bill would allow an individual who holds a |
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| 21 | + | state office, or another county or municipal office, to |
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| 22 | + | simultaneously serve as a director of a water, sewer, |
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| 23 | + | or fire protection authority as long as the individual |
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| 24 | + | is not compensated for serving as a director. |
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| 25 | + | This bill would delete duplicative language and |
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| 26 | + | would also make nonsubstantive, technical revisions to |
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| 27 | + | update the existing code language to current style. |
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| 15 | 28 | | A BILL |
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| 16 | 29 | | TO BE ENTITLED |
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| 17 | 30 | | AN ACT |
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| 18 | 31 | | Relating to county and municipal authorities; to amend |
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| 19 | 32 | | Section 11-88-6, Code of Alabama 1975, to further provide for |
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| 20 | 33 | | water, sewer, and fire protection authorities by permitting an |
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| 21 | 34 | | individual holding a state, county, or municipal office to be |
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| 22 | 35 | | eligible for uncompensated membership on an authority board of |
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| 23 | 36 | | directors; and to delete duplicative language and make |
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| 24 | | - | nonsubstantive, technical revisions to update the existing |
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| 25 | | - | code language to current style. |
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| 26 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 27 | | - | Section 1. Section 11-88-6, Code of Alabama 1975, is |
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| 28 | | - | amended to read as follows: |
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| 29 | | - | "§11-88-6 |
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| 30 | | - | (a) Each authority shall be governed by a board of |
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| 31 | | - | directors. All powers of the authority shall be exercised by |
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| 32 | | - | the board or pursuant to its authorization. |
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| 33 | | - | (b)(1) The board shall consist initially of three |
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| 34 | | - | directors, elected, as soon as may be practicable after the |
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| 35 | | - | organization of the authority, by the governing body of the |
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| 36 | | - | determining county for staggered terms as follows: |
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| 37 | | - | a. The first term of one director shall begin |
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| 66 | + | directors; and to delete duplicative language and make |
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| 67 | + | nonsubstantive, technical revisions to update the existing |
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| 68 | + | code language to current style. |
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| 69 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 70 | + | Section 1. Section 11-88-6, Code of Alabama 1975, is |
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| 71 | + | amended to read as follows: |
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| 72 | + | "§11-88-6 |
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| 73 | + | (a) Each authority shall be governed by a board of |
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| 74 | + | directors. All powers of the authority shall be exercised by |
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| 75 | + | the board or pursuant to its authorization. |
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| 76 | + | (b)(1) The board shall consist initially of three |
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| 77 | + | directors, elected, as soon as may be practicable after the |
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| 78 | + | organization of the authority, by the governing body of the |
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| 79 | + | determining county for staggered terms as follows: |
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| 67 | 80 | | a. The first term of one director shall begin |
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| 68 | 81 | | immediately upon the director's election and shall end at noon |
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| 69 | 82 | | on March 1 of the next succeeding odd-numbered calendar year |
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| 70 | 83 | | following the election ;. |
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| 71 | 84 | | b. theThe first term of another director shall begin |
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| 72 | 85 | | immediately upon his or her election and shall end at noon on |
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| 73 | 86 | | March 1 of the second succeeding odd-numbered calendar year |
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| 74 | 87 | | following the election ; and. |
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| 75 | 88 | | c.theThe first term of the remaining director shall |
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| 76 | 89 | | begin immediately upon his or her election and shall end at |
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| 77 | 90 | | noon on March 1 of the third succeeding odd-numbered calendar |
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| 78 | 91 | | year following the election. |
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| 79 | 92 | | (2) Thereafter,After the first term, the term of office |
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| 80 | 93 | | of each director shall be six years. |
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| 81 | 94 | | (c) If any amendment to the certificate of |
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| 82 | | - | incorporation of the authority, effected pursuant to the |
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| 83 | | - | provisions of Section 11-88-5, shall increaseincreases the |
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| 84 | | - | membership of the board, the board shall thereafter consist of |
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| 85 | | - | suchthe number of directors, elected by suchthe governing |
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| 86 | | - | bodies, as may be specified in the amendment. The terms of |
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| 87 | | - | office of any new directors added by any suchthe amendment |
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| 88 | | - | shall be so arranged that, taking into consideration the terms |
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| 89 | | - | of office of the original three directors, the terms of office |
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| 90 | | - | of approximately one-third of all directors ,(or as nearly |
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| 91 | | - | one-third thereof as may be practicable ), will end at noon on |
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| 92 | | - | March 1 in each odd-numbered year following the effective date |
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| 93 | | - | of the amendment. The term of office of each new director, |
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| 94 | | - | added by amendment as aforesaid, shall following the initial |
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| 95 | | - | term of suchthe new director, shall be for a period of six |
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| 124 | + | (c) If any amendment to the certificate of |
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| 125 | + | incorporation of the authority, effected pursuant to the |
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| 126 | + | provisions of Section 11-88-5, shall increaseincreases the |
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| 127 | + | membership of the board, the board shall thereafter consist of |
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| 128 | + | suchthe number of directors, elected by suchthe governing |
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| 129 | + | bodies, as may be specified in the amendment. The terms of |
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| 130 | + | office of any new directors added by any suchthe amendment |
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| 131 | + | shall be so arranged that, taking into consideration the terms |
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| 132 | + | of office of the original three directors, the terms of office |
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| 133 | + | of approximately one-third of all directors ,(or as nearly |
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| 134 | + | one-third thereof as may be practicable ), will end at noon on |
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| 135 | + | March 1 in each odd-numbered year following the effective date |
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| 136 | + | of the amendment. The term of office of each new director, |
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| 137 | + | added by amendment as aforesaid, shall following the initial |
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| 125 | 138 | | term of suchthe new director, shall be for a period of six |
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| 126 | 139 | | years. If at any time there should beis a vacancy on the |
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| 127 | 140 | | board, a successor director to serve for the unexpired term |
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| 128 | 141 | | applicable to such of the vacancy shall be elected by that |
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| 129 | 142 | | governing body whichthat elected the director whose unexpired |
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| 130 | 143 | | term he or she is to fill. Each election of a director, |
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| 131 | 144 | | whether for a full six-year term or to complete an unexpired |
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| 132 | 145 | | term, shall be made not earlier than 30 days prior to the date |
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| 133 | 146 | | on which suchthe director is to take office as such. No |
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| 134 | 147 | | officer of the state or of any county or municipality shall, |
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| 135 | 148 | | during his or her tenure as such officer, be eligible to serve |
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| 136 | 149 | | as a director. |
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| 137 | 150 | | (d)(1) Each director elected by a county governing body |
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| 138 | 151 | | shall be a duly qualified elector of that county and shall be |
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| 139 | 152 | | a resident of and the owner of real property in that part of |
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| 140 | | - | the service area of the authority which lies within that |
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| 141 | | - | county. An officer of the state or of any county or |
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| 142 | | - | municipality, during his or her tenure in the office, may |
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| 143 | | - | serve as a director subject to subdivision (2). Directors |
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| 144 | | - | shall be eligible for reelection. |
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| 145 | | - | (2) Each director shall be reimbursed for expenses |
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| 146 | | - | actually incurred by the director in and about the performance |
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| 147 | | - | of the director's duties. If the certificate of incorporation |
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| 148 | | - | so provides, each director , except the chairman of the board , |
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| 149 | | - | shall be compensated in an additional amount not to exceed |
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| 150 | | - | four hundred dollars ($400) per meeting attended but not to |
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| 151 | | - | exceed four thousand eight hundred dollars ($4,800) per year. |
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| 152 | | - | The chairman shall, if the certificate so provides, be |
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| 153 | | - | compensated in an additional amount not to exceed six hundred |
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| 182 | + | a resident of and the owner of real property in that part of |
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| 183 | + | the service area of the authority which lies within that |
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| 184 | + | county. An officer of the state or of any county or |
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| 185 | + | municipality, during his or her tenure in the office, may |
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| 186 | + | serve as a director subject to subdivision (2). Directors |
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| 187 | + | shall be eligible for reelection. |
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| 188 | + | (2) Each director shall be reimbursed for expenses |
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| 189 | + | actually incurred by the director in and about the performance |
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| 190 | + | of the director's duties. If the certificate of incorporation |
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| 191 | + | so provides, each director , except the chairman of the board , |
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| 192 | + | shall be compensated in an additional amount not to exceed |
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| 193 | + | four hundred dollars ($400) per meeting attended but not to |
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| 194 | + | exceed four thousand eight hundred dollars ($4,800) per year. |
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| 195 | + | The chairman shall, if the certificate so provides, be |
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| 191 | 202 | | (e) Any director of the authority may be impeached and |
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| 192 | 203 | | removed from office in the same manner and on the same grounds |
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| 193 | 204 | | provided by Section 175 of the Constitution of Alabama of 2022 |
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| 194 | 205 | | and the general laws of the state for impeachment and removal |
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| 195 | 206 | | of the officers mentioned in Section 175. |
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| 196 | 207 | | (f) If the service area, or the greater part thereof, |
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| 197 | 208 | | in which an authority is authorized by its certificate of |
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| 198 | 209 | | incorporation or any amendment thereto to render water |
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| 199 | 210 | | service, fire protection service, sewer service, or any one or |
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| 200 | | - | more thereofof the same, includes a resort area pursuant to |
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| 201 | | - | Article 2 of this chapter and the service area is incorporated |
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| 202 | | - | or annexed into a municipality subsequent to the creation of |
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| 203 | | - | an authority, and if the municipality has assumed and taken |
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| 204 | | - | over the fire protection responsibility and the sewer service |
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| 205 | | - | originally placed upon the authority, the board of directors |
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| 206 | | - | of the authority shall be increased in membership by a |
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| 207 | | - | sufficient number of new members to increase membership on the |
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| 208 | | - | board of directors to a maximum of seven members. Each of the |
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| 209 | | - | new members to the board of directors shall be appointed by |
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| 210 | | - | the governing body of the municipality by ordinance duly |
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| 211 | | - | adopted. The first term of each new member so appointed shall |
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| 240 | + | service, fire protection service, sewer service, or any one or |
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| 241 | + | more thereofof the same, includes a resort area pursuant to |
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| 242 | + | Article 2 of this chapter and the service area is incorporated |
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| 243 | + | or annexed into a municipality subsequent to the creation of |
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| 244 | + | an authority, and if the municipality has assumed and taken |
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| 245 | + | over the fire protection responsibility and the sewer service |
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| 246 | + | originally placed upon the authority, the board of directors |
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| 247 | + | of the authority shall be increased in membership by a |
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| 248 | + | sufficient number of new members to increase membership on the |
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| 249 | + | board of directors to a maximum of seven members. Each of the |
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| 250 | + | new members to the board of directors shall be appointed by |
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| 251 | + | the governing body of the municipality by ordinance duly |
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| 241 | 252 | | adopted. The first term of each new member so appointed shall |
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| 242 | 253 | | be staggered for terms of one, two, three, and four years, as |
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| 243 | 254 | | needed. Thereafter, the term of the new members added pursuant |
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| 244 | 255 | | to this subsection shall be six years. The governing body of |
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| 245 | 256 | | the determining county shall continue to make appointments and |
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| 246 | 257 | | fill vacancies as heretofore authorized in this section . After |
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| 247 | 258 | | May 18, 1993, the governing body of the municipality shall |
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| 248 | 259 | | make appointments and fill vacancies as provided in this |
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| 249 | 260 | | subsection. All members of the board of directors of the |
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| 250 | 261 | | authority shall have all the authority, privileges, |
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| 251 | 262 | | immunities, and qualifications as provided in this article. |
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| 252 | 263 | | (g) Nothing in this section as amended by Act 2010-580 |
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| 253 | 264 | | shall apply to the City of Prichard Water and Sewer Board." |
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| 254 | 265 | | Section 2. This act shall become effective on October |
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| 255 | 266 | | 1, 2024. |
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