| 15 | + | SYNOPSIS: |
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| 16 | + | The Alabama Municipal Electric Authority is a |
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| 17 | + | public corporation that provides or makes available |
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| 18 | + | alternative sources of bulk electric power and energy |
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| 19 | + | for municipalities that own and operate electric |
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| 20 | + | distribution systems. The authority is governed by a |
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| 21 | + | board of directors. Members of the board of directors |
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| 22 | + | may be compensated, upon the unanimous vote of all |
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| 23 | + | board members, at a rate not to exceed $600. |
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| 24 | + | This bill would provide that, in lieu of |
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| 25 | + | compensation, board members may be paid a monthly fee |
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| 26 | + | not to exceed $1,750 and the chair may be paid a |
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| 27 | + | monthly fee not to exceed $2,000. |
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24 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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25 | | - | Section 1. Section 11-50A-6 of the Code of Alabama |
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26 | | - | 1975, is amended to read as follows: |
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27 | | - | "§11-50A-6 |
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28 | | - | (a) The board of directors of the authority shall be |
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29 | | - | elected by the duly designated representatives of the |
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30 | | - | municipalities which that are authorized and directed to |
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31 | | - | designate a member of the election committee as hereinafter |
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32 | | - | provided in this section. Until the first meeting of the board |
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33 | | - | of directors following the meeting in 2015 of the election |
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34 | | - | committee hereinafter provided for, the board of directors |
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35 | | - | shall consist of nine members ; thereafter,. Thereafter, the |
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36 | | - | board shall consist of the number of members equal to the |
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37 | | - | number of municipalities contracting with the authority for |
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| 66 | + | board. |
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| 67 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 68 | + | Section 1. Section 11-50A-6 of the Code of Alabama |
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| 69 | + | 1975, is amended to read as follows: |
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| 70 | + | "§11-50A-6 |
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| 71 | + | (a) The board of directors of the authority shall be |
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| 72 | + | elected by the duly designated representatives of the |
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| 73 | + | municipalities which that are authorized and directed to |
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| 74 | + | designate a member of the election committee as hereinafter |
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| 75 | + | provided in this section. Until the first meeting of the board |
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| 76 | + | of directors following the meeting in 2015 of the election |
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| 77 | + | committee hereinafter provided for, the board of directors |
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| 78 | + | shall consist of nine members ; thereafter,. Thereafter, the |
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| 79 | + | board shall consist of the number of members equal to the |
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67 | 80 | | number of municipalities contracting with the authority for |
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68 | 81 | | the purchase of electric power and energy pursuant to Section |
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69 | 82 | | 11-50A-17, which are authorized and directed to designate a |
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70 | 83 | | member of the election committee. Members of the board of |
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71 | 84 | | directors shall be eligible to succeed themselves. The |
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72 | 85 | | business, affairs, and property of the authority shall be |
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73 | 86 | | managed by its board of directors. |
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74 | 87 | | (b)(1) On or before the ninetieth day following May 18, |
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75 | 88 | | 1981, the governing body of each municipality which shall have |
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76 | 89 | | that has, prior to that ninetieth day, by proper resolution |
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77 | 90 | | declared its intention to contract with the authority for the |
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78 | 91 | | purchase of electric power and energy pursuant to Section |
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79 | 92 | | 11-50A-17, provided there shall be as many as five such |
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80 | 93 | | municipalities, shall designate one individual who shall be a |
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81 | 94 | | duly qualified elector of that municipality as its |
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82 | | - | representative on the Alabama Municipal Electric Authority |
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83 | | - | membership election committee which is herein designated as |
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84 | | - | the election committee. The resolution of the governing body |
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85 | | - | of each municipality may at any time be repealed in the manner |
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86 | | - | provided by law for repeal of resolutions by the governing |
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87 | | - | body; provided, that repeal of a resolution after the date of |
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88 | | - | incorporation of the authority shall not affect the existence |
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89 | | - | of the authority or the validity or enforceability of any |
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90 | | - | contract entered into by the municipality with the authority. |
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91 | | - | Each resolution declaring the intention of the municipality to |
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92 | | - | contract with the authority shall state the amount of electric |
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93 | | - | power and energy purchased from all sources by the |
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94 | | - | municipality during the immediately preceding calendar year |
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95 | | - | and shall be presented to the election committee at its first |
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| 124 | + | duly qualified elector of that municipality as its |
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| 125 | + | representative on the Alabama Municipal Electric Authority |
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| 126 | + | membership election committee which is herein designated as |
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| 127 | + | the election committee. The resolution of the governing body |
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| 128 | + | of each municipality may at any time be repealed in the manner |
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| 129 | + | provided by law for repeal of resolutions by the governing |
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| 130 | + | body; provided, that repeal of a resolution after the date of |
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| 131 | + | incorporation of the authority shall not affect the existence |
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| 132 | + | of the authority or the validity or enforceability of any |
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| 133 | + | contract entered into by the municipality with the authority. |
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| 134 | + | Each resolution declaring the intention of the municipality to |
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| 135 | + | contract with the authority shall state the amount of electric |
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| 136 | + | power and energy purchased from all sources by the |
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| 137 | + | municipality during the immediately preceding calendar year |
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125 | 138 | | and shall be presented to the election committee at its first |
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126 | 139 | | meeting which shall be held at the State Capitol located in |
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127 | 140 | | the City of Montgomery, Alabama, at 11 o'clock A.M. a.m., |
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128 | 141 | | Montgomery time, on the first Monday following the ninetieth |
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129 | 142 | | day following May 18, 1981. At that meeting, which shall not |
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130 | 143 | | precede the issuance of the authority's certificate of |
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131 | 144 | | incorporation by the Secretary of State as provided in Section |
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132 | 145 | | 11-50A-5, the election committee shall organize and elect a |
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133 | 146 | | chairman chair and any other officers which may be desirable |
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134 | 147 | | in the determination of the election committee. The election |
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135 | 148 | | committee shall then determine the sufficiency of the |
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136 | 149 | | resolutions presented to it, the accuracy of the factual |
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137 | 150 | | representations made therein, and the number of votes , |
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138 | 151 | | (including fractions thereof ), which each member of the |
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139 | 152 | | election committee shall be entitled to cast in accordance |
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140 | | - | with the provisions of subsection (b) subdivision(2) of this |
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141 | | - | section; the. The determinations of the election committee |
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142 | | - | shall be final. Nominations for membership on the board shall |
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143 | | - | then be received by the election committee prior to |
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144 | | - | adjournment of its first meeting. The election committee shall |
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145 | | - | then meet for the second time one week later at the same time |
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146 | | - | and place to receive any other nominations for membership on |
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147 | | - | the board that may be made and shall at that time elect nine |
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148 | | - | members of the board. The nine nominees to membership on the |
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149 | | - | board receiving the largest number of votes cast by a quorum |
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150 | | - | of the election committee shall be declared to be elected as |
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151 | | - | the first nine members of the board. Each member shall be a |
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152 | | - | duly qualified elector of one of the municipalities |
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153 | | - | represented on the election committee, but, insofar as is |
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| 182 | + | election committee shall be entitled to cast in accordance |
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| 183 | + | with the provisions of subsection (b) subdivision(2) of this |
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| 184 | + | section; the. The determinations of the election committee |
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| 185 | + | shall be final. Nominations for membership on the board shall |
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| 186 | + | then be received by the election committee prior to |
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| 187 | + | adjournment of its first meeting. The election committee shall |
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| 188 | + | then meet for the second time one week later at the same time |
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| 189 | + | and place to receive any other nominations for membership on |
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| 190 | + | the board that may be made and shall at that time elect nine |
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| 191 | + | members of the board. The nine nominees to membership on the |
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| 192 | + | board receiving the largest number of votes cast by a quorum |
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| 193 | + | of the election committee shall be declared to be elected as |
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| 194 | + | the first nine members of the board. Each member shall be a |
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| 195 | + | duly qualified elector of one of the municipalities |
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183 | 196 | | represented on the election committee, but, insofar as is |
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184 | 197 | | mathematically possible, no more than one member shall be a |
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185 | 198 | | duly qualified elector of any one of those municipalities. The |
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186 | 199 | | election committee shall meet on a date not more than 30 days |
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187 | 200 | | prior to each annual meeting of the authority to elect members |
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188 | 201 | | to fill the terms which will begin at the conclusion of the |
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189 | 202 | | annual meeting of the board. |
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190 | 203 | | (2) In elections held by the election committee to |
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191 | 204 | | elect members to the board, beginning with the first election |
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192 | 205 | | of members, each municipality entitled to representation on |
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193 | 206 | | the election committee shall have, and shall be entitled to |
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194 | 207 | | have its representative on the election committee cast, one |
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195 | 208 | | whole vote, plus an additional vote or votes ,(including |
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196 | 209 | | fractions thereof ), to be determined as follows: |
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197 | 210 | | a. Before any project of the authority is placed in |
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198 | | - | commercial operation by the authority, as determined by the |
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199 | | - | authority, and electric power and energy is being supplied by |
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200 | | - | the authority to all municipalities contracting with the |
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201 | | - | authority pursuant to Section 11-50A-17, the percentage which |
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202 | | - | is arrived at by dividing the number of kilowatt hours of |
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203 | | - | electric power and energy purchased from all sources by each |
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204 | | - | represented municipality during the immediately preceding |
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205 | | - | calendar year by the total number of kilowatt hours of |
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206 | | - | electric power and energy purchased from all sources by all |
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207 | | - | represented municipalities during the immediately preceding |
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208 | | - | calendar year shall be determined ; each. Each percentage so |
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209 | | - | determined shall then be applied to a total number of votes |
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210 | | - | equal to the total number of municipalities entitled to |
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211 | | - | representation on the election committee. The resulting |
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| 240 | + | a. Before any project of the authority is placed in |
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| 241 | + | commercial operation by the authority, as determined by the |
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| 242 | + | authority, and electric power and energy is being supplied by |
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| 243 | + | the authority to all municipalities contracting with the |
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| 244 | + | authority pursuant to Section 11-50A-17, the percentage which |
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| 245 | + | is arrived at by dividing the number of kilowatt hours of |
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| 246 | + | electric power and energy purchased from all sources by each |
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| 247 | + | represented municipality during the immediately preceding |
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| 248 | + | calendar year by the total number of kilowatt hours of |
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| 249 | + | electric power and energy purchased from all sources by all |
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| 250 | + | represented municipalities during the immediately preceding |
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| 251 | + | calendar year shall be determined ; each. Each percentage so |
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| 252 | + | determined shall then be applied to a total number of votes |
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| 253 | + | equal to the total number of municipalities entitled to |
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241 | 254 | | representation on the election committee. The resulting |
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242 | 255 | | figure, calculated to the nearest one thousandth, shall be the |
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243 | 256 | | additional vote or votes ,(including fractions thereof ), to |
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244 | 257 | | which each respective municipality is entitled. |
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245 | 258 | | b. After any project of the authority is placed in |
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246 | 259 | | commercial operation by the authority, as determined by the |
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247 | 260 | | authority, and electric power and energy is being supplied by |
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248 | 261 | | the authority to all municipalities contracting with the |
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249 | 262 | | authority pursuant to Section 11-50A-17, the percentage which |
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250 | 263 | | is arrived at by dividing the number of kilowatt hours of |
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251 | 264 | | electric power and energy purchased from the authority by each |
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252 | 265 | | represented municipality during the immediately preceding |
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253 | 266 | | calendar year by the total number of kilowatt hours of |
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254 | 267 | | electric power and energy purchased from the authority by all |
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255 | 268 | | represented municipalities during the immediately preceding |
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256 | | - | calendar year shall be determined ; each. Each percentage so |
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257 | | - | determined shall then be applied to a total number of votes |
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258 | | - | equal to the total number of municipalities entitled to |
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259 | | - | representation on the election committee. The resulting |
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260 | | - | figure, calculated to the nearest one thousandth, shall be the |
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261 | | - | additional vote or votes ,(including fractions thereof ), to |
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262 | | - | which each represented municipality is entitled. At the |
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263 | | - | meeting of the election committee in the calendar year |
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264 | | - | immediately following the calendar year in which any project |
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265 | | - | of the authority is first placed in commercial operation by |
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266 | | - | the authority, as determined by the authority, and electric |
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267 | | - | power and energy is being supplied by the authority to all |
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268 | | - | municipalities contracting with the authority pursuant to |
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269 | | - | Section 11-50A-17, if the project has been in commercial |
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| 298 | + | represented municipalities during the immediately preceding |
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| 299 | + | calendar year shall be determined ; each. Each percentage so |
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| 300 | + | determined shall then be applied to a total number of votes |
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| 301 | + | equal to the total number of municipalities entitled to |
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| 302 | + | representation on the election committee. The resulting |
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| 303 | + | figure, calculated to the nearest one thousandth, shall be the |
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| 304 | + | additional vote or votes ,(including fractions thereof ), to |
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| 305 | + | which each represented municipality is entitled. At the |
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| 306 | + | meeting of the election committee in the calendar year |
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| 307 | + | immediately following the calendar year in which any project |
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| 308 | + | of the authority is first placed in commercial operation by |
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| 309 | + | the authority, as determined by the authority, and electric |
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| 310 | + | power and energy is being supplied by the authority to all |
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| 311 | + | municipalities contracting with the authority pursuant to |
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299 | 312 | | Section 11-50A-17, if the project has been in commercial |
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300 | 313 | | operation, as determined by the authority, and if electric |
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301 | 314 | | power and energy has been supplied for at least six months in |
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302 | 315 | | the immediately preceding calendar year, then the period of |
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303 | 316 | | time upon which the determination shall be made of the |
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304 | 317 | | additional vote or votes ,(including fractions thereof ), to |
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305 | 318 | | which the members of the election committee shall be entitled |
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306 | 319 | | at such meeting shall be that portion of the calendar year in |
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307 | 320 | | which electric power and energy was first supplied to the |
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308 | 321 | | municipalities; otherwise, such additional vote or votes , |
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309 | 322 | | (including fractions thereof ), shall be determined on the |
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310 | 323 | | basis of the number of kilowatt hours of electric power and |
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311 | 324 | | energy purchased from all sources in accordance with the |
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312 | 325 | | provisions of subsection (b)(2) paragraph a. of this section. |
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313 | 326 | | c. The presence at any meeting of the election |
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314 | | - | committee of representatives entitled to cast two-thirds of |
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315 | | - | the total votes to which the election committee shall be |
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316 | | - | entitled shall constitute a quorum of the election committee. |
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317 | | - | (c) The governing body of each municipality declaring |
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318 | | - | its intent to contract with the authority for the purchase of |
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319 | | - | electric power and energy pursuant to Section 11-50A-17, after |
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320 | | - | the ninetieth day following May 18, 1981, but before the |
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321 | | - | election of the first nine members of the board, shall |
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322 | | - | designate one individual who shall be a duly qualified elector |
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323 | | - | of that municipality as an additional member of the election |
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324 | | - | committee. The term of each additional member of the election |
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325 | | - | committee so designated shall begin with the first meeting of |
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326 | | - | the election committee following the meeting held for the |
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327 | | - | purpose of electing the first nine members of the board. After |
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| 356 | + | c. The presence at any meeting of the election |
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| 357 | + | committee of representatives entitled to cast two-thirds of |
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| 358 | + | the total votes to which the election committee shall be |
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| 359 | + | entitled shall constitute a quorum of the election committee. |
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| 360 | + | (c) The governing body of each municipality declaring |
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| 361 | + | its intent to contract with the authority for the purchase of |
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| 362 | + | electric power and energy pursuant to Section 11-50A-17, after |
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| 363 | + | the ninetieth day following May 18, 1981, but before the |
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| 364 | + | election of the first nine members of the board, shall |
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| 365 | + | designate one individual who shall be a duly qualified elector |
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| 366 | + | of that municipality as an additional member of the election |
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| 367 | + | committee. The term of each additional member of the election |
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| 368 | + | committee so designated shall begin with the first meeting of |
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| 369 | + | the election committee following the meeting held for the |
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357 | 370 | | purpose of electing the first nine members of the board. After |
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358 | 371 | | the election of the first nine members of the board, each |
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359 | 372 | | municipality that is not otherwise entitled to representation |
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360 | 373 | | on the election committee and that contracts with the |
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361 | 374 | | authority pursuant to Section 11-50A-17 shall designate one |
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362 | 375 | | individual who shall be a duly qualified elector of that |
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363 | 376 | | municipality as an additional member of the election |
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364 | 377 | | committee. The term of each additional member of the election |
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365 | 378 | | committee so designated shall begin with the next meeting of |
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366 | 379 | | the election committee following his or her designation as a |
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367 | 380 | | member. Each member of the election committee shall serve at |
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368 | 381 | | the pleasure of the governing body of the municipality by |
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369 | 382 | | which he or she was appointed. |
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370 | 383 | | (d)(1) The initial membership of the board shall be |
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371 | 384 | | elected as follows: Three members of the board shall be |
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372 | | - | elected for terms of one year, three for two years, and three |
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373 | | - | for three years. Each election thereafter, except elections to |
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374 | | - | fill unexpired terms or to reflect a contemporaneous increase |
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375 | | - | in the membership of the board, shall be for a term of three |
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376 | | - | years. In the case of an increase in the membership of the |
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377 | | - | board, the board members elected to reflect the increase shall |
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378 | | - | be elected for initial terms that result in an approximately |
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379 | | - | equal number of members of the board having terms expiring in |
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380 | | - | the same years, as the election committee shall determine. All |
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381 | | - | terms, however, shall extend through the annual meeting of the |
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382 | | - | board held at the expiration of the number of years for which |
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383 | | - | the member was elected and until his or her successor shall be |
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384 | | - | is elected. |
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385 | | - | (2)Nevertheless, all All members of the board shall |
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| 414 | + | elected as follows: Three members of the board shall be |
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| 415 | + | elected for terms of one year, three for two years, and three |
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| 416 | + | for three years. Each election thereafter, except elections to |
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| 417 | + | fill unexpired terms or to reflect a contemporaneous increase |
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| 418 | + | in the membership of the board, shall be for a term of three |
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| 419 | + | years. In the case of an increase in the membership of the |
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| 420 | + | board, the board members elected to reflect the increase shall |
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| 421 | + | be elected for initial terms that result in an approximately |
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| 422 | + | equal number of members of the board having terms expiring in |
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| 423 | + | the same years, as the election committee shall determine. All |
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| 424 | + | terms, however, shall extend through the annual meeting of the |
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| 425 | + | board held at the expiration of the number of years for which |
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| 426 | + | the member was elected and until his or her successor shall be |
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| 427 | + | is elected. |
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415 | 428 | | (2)Nevertheless, all All members of the board shall |
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416 | 429 | | serve at the pleasure of the election committee. |
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417 | 430 | | (3)In the event If it should be mathematically |
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418 | 431 | | necessary in the election of the members of the board for more |
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419 | 432 | | than one member of the board to be a duly qualified elector of |
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420 | 433 | | the same municipality, then and in that event, one of the two |
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421 | 434 | | members who are duly qualified electors of the same |
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422 | 435 | | municipality shall be elected for an initial term of one year ; |
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423 | 436 | | and, in the event . If there should be are four municipalities |
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424 | 437 | | from which two duly qualified electors must be elected, one of |
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425 | 438 | | the duly qualified electors of one of those four |
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426 | 439 | | municipalities shall be elected for an initial term of two |
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427 | 440 | | years; provided, however, that insofar as may be consistent |
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428 | 441 | | with the foregoing provisions of this subsection, in the |
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429 | 442 | | election of the first nine members of the board, the three |
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430 | | - | nominees receiving the highest number of votes shall be |
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431 | | - | elected to terms of three years, the three nominees receiving |
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432 | | - | the next highest number of votes shall be elected to terms of |
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433 | | - | two years, and the three nominees receiving the next highest |
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434 | | - | number of votes shall be elected to terms of one year. Any tie |
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435 | | - | votes shall be resolved by lot in a manner prescribed by the |
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436 | | - | election committee. |
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437 | | - | (4) Members of the election committee shall not be |
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438 | | - | eligible for membership on the board. |
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439 | | - | (5) The membership of the board shall be inclusive and |
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440 | | - | reflect the racial, gender, geographical, urban/rural urban, |
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441 | | - | rural, and economic diversity of the state. |
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442 | | - | (e) The first meeting of the board shall be held at the |
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443 | | - | same place and hour, on the first Thursday following the |
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| 472 | + | election of the first nine members of the board, the three |
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| 473 | + | nominees receiving the highest number of votes shall be |
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| 474 | + | elected to terms of three years, the three nominees receiving |
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| 475 | + | the next highest number of votes shall be elected to terms of |
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| 476 | + | two years, and the three nominees receiving the next highest |
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| 477 | + | number of votes shall be elected to terms of one year. Any tie |
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| 478 | + | votes shall be resolved by lot in a manner prescribed by the |
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| 479 | + | election committee. |
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| 480 | + | (4) Members of the election committee shall not be |
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| 481 | + | eligible for membership on the board. |
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| 482 | + | (5) The membership of the board shall be inclusive and |
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| 483 | + | reflect the racial, gender, geographical, urban/rural urban, |
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| 484 | + | rural, and economic diversity of the state. |
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| 485 | + | (e) The first meeting of the board shall be held at the |
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473 | 486 | | same place and hour, on the first Thursday following the |
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474 | 487 | | second meeting of the election committee described in |
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475 | 488 | | subsection subdivision (b)(1) of this section , to elect |
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476 | 489 | | officers, decide upon a date, time, and place for its next |
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477 | 490 | | meeting or meetings, and to proceed with the transaction of |
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478 | 491 | | any business that may come before the board. |
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479 | 492 | | (f) The first annual meeting of the board, which may be |
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480 | 493 | | held without notice, shall be held on the anniversary date of |
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481 | 494 | | the first meeting of the board. If the date set for the annual |
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482 | 495 | | meeting of the board is a legal holiday, the annual meeting |
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483 | 496 | | shall be held on the next secular day following. The date of |
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484 | 497 | | subsequent annual meetings of the board may be changed by |
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485 | 498 | | resolution of the board, and no notice, other than notice of |
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486 | 499 | | the adoption of the resolution to any member of the board who |
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487 | 500 | | was absent when it was adopted, shall be required for any |
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488 | | - | annual meeting. Notice of the adoption of a resolution |
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489 | | - | changing the date of the annual meeting of the board shall be |
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490 | | - | given to any member of the board who was absent when the |
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491 | | - | resolution was adopted by mailing a copy of the resolution to |
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492 | | - | each absent member of the board 10 days prior to the date set |
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493 | | - | for the annual meeting. |
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494 | | - | (g) Regular meetings of the board may be established by |
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495 | | - | resolution of the board, and no notice, other than notice of |
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496 | | - | the adoption of the resolution to any member of the board who |
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497 | | - | was absent when it was adopted, shall be required for any |
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498 | | - | regular meeting. Notice of the adoption of a resolution |
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499 | | - | establishing regular meetings of the board shall be given to |
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500 | | - | any member of the board who was absent when the resolution was |
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501 | | - | adopted by mailing a copy of the resolution to each absent |
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| 530 | + | was absent when it was adopted, shall be required for any |
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| 531 | + | annual meeting. Notice of the adoption of a resolution |
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| 532 | + | changing the date of the annual meeting of the board shall be |
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| 533 | + | given to any member of the board who was absent when the |
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| 534 | + | resolution was adopted by mailing a copy of the resolution to |
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| 535 | + | each absent member of the board 10 days prior to the date set |
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| 536 | + | for the annual meeting. |
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| 537 | + | (g) Regular meetings of the board may be established by |
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| 538 | + | resolution of the board, and no notice, other than notice of |
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| 539 | + | the adoption of the resolution to any member of the board who |
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| 540 | + | was absent when it was adopted, shall be required for any |
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| 541 | + | regular meeting. Notice of the adoption of a resolution |
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| 542 | + | establishing regular meetings of the board shall be given to |
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| 543 | + | any member of the board who was absent when the resolution was |
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531 | 544 | | adopted by mailing a copy of the resolution to each absent |
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532 | 545 | | member of the board 10 days prior to the date of the regular |
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533 | 546 | | meeting. |
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534 | 547 | | (h) Special meetings of the board may be called by |
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535 | 548 | | resolution of the board or by the chairman chair or |
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536 | 549 | | vice-chairman vice chair or upon the written request of at |
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537 | 550 | | least three members of the board. |
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538 | 551 | | (i) Written notice of special meetings shall be mailed |
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539 | 552 | | to each municipality contracting with the authority pursuant |
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540 | 553 | | to Section 11-50A-17 and to each member of the board not less |
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541 | 554 | | than three days prior to the date of any special meeting. |
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542 | 555 | | Neither the business to be transacted at nor the purpose of a |
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543 | 556 | | special meeting of the board need be specified in the notice |
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544 | 557 | | of the meeting. Notice of a special meeting need only state |
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545 | 558 | | the time and place of the meeting. |
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546 | | - | (j) Notice of a meeting of the board need not be given |
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547 | | - | to any member who signs a waiver of notice either before or |
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548 | | - | after the meeting. Attendance of a member at a meeting shall |
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549 | | - | constitute a waiver of notice of the meeting and a waiver of |
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550 | | - | any and all objections objection to the time or place of the |
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551 | | - | meeting or to the manner in which it has been called or |
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552 | | - | convened, except when a member states at the beginning of the |
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553 | | - | meeting any objection or objections to the transaction of |
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554 | | - | business. Neither the business to be transacted at nor the |
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555 | | - | purpose of any regular or special meeting of the board need be |
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556 | | - | specified in the waiver of notice of those meetings. |
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557 | | - | (k) Any vacancy in the membership of the board due to |
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558 | | - | the death, resignation, change of residence, or disability of |
---|
559 | | - | a member shall be filled by a new member to be elected by the |
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| 588 | + | the time and place of the meeting. |
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| 589 | + | (j) Notice of a meeting of the board need not be given |
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| 590 | + | to any member who signs a waiver of notice either before or |
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| 591 | + | after the meeting. Attendance of a member at a meeting shall |
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| 592 | + | constitute a waiver of notice of the meeting and a waiver of |
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| 593 | + | any and all objections objection to the time or place of the |
---|
| 594 | + | meeting or to the manner in which it has been called or |
---|
| 595 | + | convened, except when a member states at the beginning of the |
---|
| 596 | + | meeting any objection or objections to the transaction of |
---|
| 597 | + | business. Neither the business to be transacted at nor the |
---|
| 598 | + | purpose of any regular or special meeting of the board need be |
---|
| 599 | + | specified in the waiver of notice of those meetings. |
---|
| 600 | + | (k) Any vacancy in the membership of the board due to |
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| 601 | + | the death, resignation, change of residence, or disability of |
---|
589 | 602 | | a member shall be filled by a new member to be elected by the |
---|
590 | 603 | | remaining members of the board to serve until the next meeting |
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591 | 604 | | of the election committee. At the first meeting of the |
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592 | 605 | | election committee following the filling of any vacancy, the |
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593 | 606 | | election committee shall elect a member to fill the remainder, |
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594 | 607 | | if any, of the unexpired term for which the vacancy was |
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595 | 608 | | filled. Upon this election by the election committee, the |
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596 | 609 | | membership on the board of the member elected to fill any |
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597 | 610 | | vacancy by the remaining members of the board shall terminate. |
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598 | 611 | | If any member of the board who is employed in any capacity in |
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599 | 612 | | the management or operation of the electric distribution |
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600 | 613 | | system of any municipality ceases to be so employed, the board |
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601 | 614 | | member shall be deemed to have resigned membership on the |
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602 | 615 | | board within the meaning of this subsection. |
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603 | 616 | | (l) The board shall elect as officers of the authority |
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604 | | - | a chairman chair, a vice-chairman vice chair, a |
---|
605 | | - | secretary-treasurer, and any other officers which the board |
---|
606 | | - | from time to time may deem necessary. The chairman chair and |
---|
607 | | - | vice-chairman vice chair shall be elected from the membership |
---|
608 | | - | of the board. All officers shall serve for terms of one year |
---|
609 | | - | terminating at the next annual meeting of the board or until |
---|
610 | | - | their successors are elected and qualified. |
---|
611 | | - | (m) At all meetings of the board, the presence in |
---|
612 | | - | person of a majority of the members in office shall be |
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613 | | - | necessary for the transaction of business, and the affirmative |
---|
614 | | - | vote of a majority of the members present and voting at a |
---|
615 | | - | meeting where a quorum is present shall be necessary for any |
---|
616 | | - | action of the board. No vacancy in the membership of the board |
---|
617 | | - | shall impair the right of the majority to exercise all the |
---|
| 646 | + | (l) The board shall elect as officers of the authority |
---|
| 647 | + | a chairman chair, a vice-chairman vice chair, a |
---|
| 648 | + | secretary-treasurer, and any other officers which the board |
---|
| 649 | + | from time to time may deem necessary. The chairman chair and |
---|
| 650 | + | vice-chairman vice chair shall be elected from the membership |
---|
| 651 | + | of the board. All officers shall serve for terms of one year |
---|
| 652 | + | terminating at the next annual meeting of the board or until |
---|
| 653 | + | their successors are elected and qualified. |
---|
| 654 | + | (m) At all meetings of the board, the presence in |
---|
| 655 | + | person of a majority of the members in office shall be |
---|
| 656 | + | necessary for the transaction of business, and the affirmative |
---|
| 657 | + | vote of a majority of the members present and voting at a |
---|
| 658 | + | meeting where a quorum is present shall be necessary for any |
---|
| 659 | + | action of the board. No vacancy in the membership of the board |
---|
647 | 660 | | shall impair the right of the majority to exercise all the |
---|
648 | 661 | | rights and perform all duties of the board. If at any meeting |
---|
649 | 662 | | there is less than a majority present, a majority of those |
---|
650 | 663 | | present may adjourn the meeting to a fixed time and place, and |
---|
651 | 664 | | notice of that time and place shall be given in accordance |
---|
652 | 665 | | with the provisions of subsection (i) of this section . |
---|
653 | 666 | | (n)(1) Unless the board by an unanimous vote of all of |
---|
654 | 667 | | the members thereof then serving shall so determine, the |
---|
655 | 668 | | members of the board shall not be entitled to compensation for |
---|
656 | 669 | | their services as directors or officers. If the board |
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657 | 670 | | determines to provide for compensation, the authority may |
---|
658 | 671 | | compensate its directors in the manner and amounts as shall be |
---|
659 | 672 | | determined from time to time by the board not to exceed six |
---|
660 | 673 | | hundred dollars ($600) per meeting of the board actually |
---|
661 | 674 | | attended. Members of the board may be reimbursed by the |
---|
662 | | - | authority for their actual expenses properly incurred in the |
---|
663 | | - | performance of their duties. Members of the board of directors |
---|
664 | | - | shall serve without compensation, except that they shall be |
---|
665 | | - | reimbursed for actual expenses incurred in the performance of |
---|
666 | | - | their duties under this article, and, at the discretion of the |
---|
667 | | - | board of directors, they may be paid a director's fee not to |
---|
668 | | - | exceed one thousand seven hundred fifty dollars ($1,750) per |
---|
669 | | - | month in which the member actually attends a meeting. |
---|
670 | | - | (2) Notwithstanding subdivision (1), the chair of the |
---|
671 | | - | board shall serve without compensation, except that he or she |
---|
672 | | - | shall be reimbursed for actual expenses incurred in the |
---|
673 | | - | performance of his or her duties under this article, and, at |
---|
674 | | - | the discretion of the board, he or she may be paid a |
---|
675 | | - | director's fee not to exceed two thousand dollars ($2,000) per |
---|
705 | | - | director's fee not to exceed two thousand dollars ($2,000) per |
---|
706 | | - | month in which the chair actually attends a meeting. |
---|
| 704 | + | attended. Members of the board may be reimbursed by the |
---|
| 705 | + | authority for their actual expenses properly incurred in the |
---|
| 706 | + | performance of their duties. Members of the board of directors |
---|
| 707 | + | shall serve without compensation, except that they shall be |
---|
| 708 | + | reimbursed for actual expenses incurred in the performance of |
---|
| 709 | + | their duties under this article, and, at the discretion of the |
---|
| 710 | + | board of directors, they may be paid a monthly director's fee |
---|
| 711 | + | not to exceed one thousand seven hundred fifty dollars |
---|
| 712 | + | ($1,750). |
---|
| 713 | + | (2) Notwithstanding subdivision (1), the chair of the |
---|
| 714 | + | board shall serve without compensation, except that he or she |
---|
| 715 | + | shall be reimbursed for actual expenses incurred in the |
---|
| 716 | + | performance of his or her duties under this article, and, at |
---|
| 717 | + | the discretion of the board, he or she may be paid a monthly |
---|
| 718 | + | director's fee not to exceed two thousand dollars ($2,000). |
---|
707 | 719 | | (o) The authority shall keep suitable books and records |
---|
708 | 720 | | of all its obligations, contracts, transactions, and |
---|
709 | 721 | | undertakings, and of all its revenues and receipts of every |
---|
710 | 722 | | nature and all expenditures of every kind. |
---|
711 | 723 | | (p) The authority, together with all funds established |
---|
712 | 724 | | in connection with its debt, shall be audited no less |
---|
713 | 725 | | frequently than annually by an independent auditing and |
---|
714 | 726 | | accounting firm to be selected and compensated by the |
---|
715 | 727 | | authority. Copies of any audit shall be available upon request |
---|
716 | 728 | | to interested parties, including , specifically but without |
---|
717 | 729 | | limitation, the holders of bonds and all parties contracting |
---|
718 | 730 | | with the authority." |
---|
719 | 731 | | Section 2. This act shall become effective on January |
---|
720 | 732 | | 1, 2026. |
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721 | 733 | | 337 |
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722 | 734 | | 338 |
---|
723 | 735 | | 339 |
---|
724 | 736 | | 340 |
---|
725 | 737 | | 341 |
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726 | 738 | | 342 |
---|
727 | 739 | | 343 |
---|
728 | 740 | | 344 |
---|
729 | 741 | | 345 |
---|
730 | 742 | | 346 |
---|
731 | 743 | | 347 |
---|
732 | 744 | | 348 |
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733 | 745 | | 349 |
---|
734 | 746 | | 350 |
---|