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2016 SESSION
16103335DBe it enacted by the General Assembly of Virginia:
1. That § 15.2-7205 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-7205. Board of Directors; membership.
A. The powers of the Authority shall be vested in an the
Authority Board of Directors consisting of
nine seven
directors. The number of Directors on
the Board may
directors shall not be increased
altered by the Authority Board.
B. The Authority's Authority Board, which
will initially take office on July 1, 2010,. However, beginning on July 1, 2016, the Authority
Board shall be constituted as
follows:
1. Four One director who
is a citizen of the City of Bristol, Virginia, citizen appointees and is not a member of the Bristol
City Council, appointed by the Governor. The four Bristol, Virginia, citizen appointees currently
on the Bristol Virginia Utilities Board are hereby directors on the Authority's
Board and their respective terms are extended 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 additional consecutive four-year term
pursuant to the limitation set forth herein.
2. Two members
appointed by One
director who is a member of
the Bristol City Council who
are members of,
appointed by the Bristol City Council
serving on the Bristol Virginia Utilities Board as of June 1, 2010.
Such members shall to
serve a four-year term,
coterminous with their his term on the Council, commencing July 1, 2010. Should no present member
of Council serving on the Bristol Virginia Utilities Board be a member of
Council on that date, Council may appoint two other members of Council to serve
on the initial Authority Board for a term that is coterminous with that
member's term on Council.
3. One new Bristol,
Virginia, citizen,
who is not a city council
member. Such citizen will be director who is a citizen
of Washington County and is not a member of the
Washington County Board of Supervisors,
appointed by the Bristol, Virginia,
City Council and shall serve a term from July 1, 2010, until June 30, 2015 Senate Committee
on Rules.
4. One
new member, a director who is a
citizen of the City of Bristol, Virginia,
citizen, appointed by the Bristol Virginia Utilities Board whose term will
start July 1, 2010, and end June 30, 2014 who is engaged in
business and is not a member of the Bristol City Council,
appointed by the Authority Board.
5. One director who is a member of the Board of Supervisors of
Washington County, Virginia, who
will be
Board of Supervisors, appointed by that the Washington County Board of
Supervisors to serve
a four-year term coterminous with his or her
term on the Board of Supervisors commencing July 1,
2010.
6. One director who is a member of the Abingdon Town Council, appointed by the Abingdon Town Council to serve a four-year term coterminous with his term on the Town Council.
7. One director who is a Scott County citizen and is not a member of the Scott County Board of Supervisors, appointed by the Speaker of the House of Delegates.
C. If any appointments
to the initial Board are made prior to the effective date of this chapter, such
appointments shall be deemed valid and effective as of such date The four-year term of all directors
shall begin July 1, 2016. The term
of Authority Board
membership for any director
thereafter shall be four years.
D. The City Council
shall elect, in addition to its Council members, three of the Bristol,
Virginia, citizen Board members when the above terms expire. The remaining
three Bristol, Virginia, citizen members will be elected by the Authority Board
when the above terms expire. The City Council and the Authority Board will
alternate electing persons to fill an expiring term until each has appointed
the number it appoints to the Board. Any vacancy in a term shall be filled by
the body making the original appointment and shall be for the remainder of the
term. Said appointment shall be made within 30 days from the date the vacancy
occurs.
E. The term of the
Council members shall be for four years coterminous with those members' terms
of office on the City Council. Those City Council Members Each director who
is a member of the Abingdon Town
Council, Bristol City Council, or
Washington County Board of Supervisors may serve as many
terms as the City Council appointing governing body
decides as long as the appointees are
members appointee remains a
member of the City Council relevant governing
body. The City Council governing body may appoint other members a different
member of the City
Council or Board of Supervisors at the
end of any appointee's
four-year Council or Board
term or upon the
exit of the Council
member from the Council governing body. In the latter
case, the
Council Member will
new appointee shall serve for the remainder of the term
vacated by an exiting City Council
member of the governing body.
F. All other
directors shall serve four-year terms, except for the longer appointments to the
initial Board. Those directors may serve a maximum of two terms and then must
be off the Board for one full year before election to fill another full term or
to fill the remainder of a vacated term.
G. E. If funds are available, each director may be reimbursed by the Authority for the
amount of actual expenses incurred by him in the performance of his duties.
Such expense allowance shall constitute a cost of operation and maintenance of
such utility systems and shall be prorated among each of the systems it manages
using the "3-Factor" "Three-Factor"
allocation method approved by the Commission. The three factors consist of the
percentages that each division comprises of total plant in service, total
operating revenues, and total customer accounts. Once each operating division's
percentage of each of the three factors is calculated, the sum of the three
factors divided by 3 three results in the operating
division's share of the total direct or indirect costs.
2. That the members of the Board of Directors of the BVU Authority in office on June 30, 2016, are hereby removed from office as of July 1, 2016. Notwithstanding the appointment of any director on or before July 1, 2010, or of his successor, any term of office begun before July 1, 2016, and scheduled to end after that date is hereby terminated.
3. That no later than July 1, 2016, the Auditor of Public Accounts shall examine the accounts and books of the BVU Authority.
4. That an emergency exists and this act is in force from its passage.