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74.450 Membership of water commission -- Term -- Compensation -- Removal
-- Status.
(1)
(2)
(3)
(4)
(5)
After the county judge/executive has made an order creating a water
commission, the presiding officer of each of the cities, water associations, or
water districts which proposed the creation of the commission with the approval
of its governing body, and each federal agency which joined in a proposal shall
appoint one (1) commissioner. If the number of commissioners so appointed by
the presiding officers of the cities, water associations, or water districts and by
the federal agency or agencies shall equal or exceed five (5), no further
commissioners shall be appointed and the commissioners shall be and
constitute the water commission.
If the number of commissioners appointed by the presiding officers of the
cities, water associations, water districts, or federal agencies shall be less than
five (5), the county judge/executive who entered the order creating the
commission shall appoint additional commissioners to the commission as
necessary to make the number of commissioners equal five (5). The
commissioners shall constitute the commission, which shall be a public
corporation and a public body corporate and politic with the powers and duties
specified in KRS 74.420 to 74.520. The commission may in its corporate name
contract and be contracted with, sue and be sued, adopt and alter at its
pleasure a corporate seal, and purchase, own, hold, and dispose of all real and
personal property necessary for carrying out its corporate purpose under KRS
74.420 to 74.520.
The commissioners originally appointed shall meet and select by lot their
respective terms of office so that approximately one-third (1/3) of the
commissioners shall serve for a term of two (2) years, a like number for a term
of three (3) years and the remaining commissioner or commissioners for a term
of four (4) years. The terms shall be deemed to commence from the first day of
the month during which the order of the county judge/executive creating the
commission was entered.
Upon the expiration of the term of office of each of the commissioners, a
successor shall be appointed to succeed him for a term of four (4) years and
the appointment shall be made in the same manner as the original
appointment.
Each commissioner shall serve until his successor has been appointed and
has been qualified. Each commissioner shall be a resident of the service area
of the water systems or an employee of the federal agency which is
represented by the commission. A commissioner shall be eligible for
reappointment upon the expiration of his term. A vacancy shall be filled for the
balance of the unexpired term in the same manner as that prescribed for the
appointment of the person who has ceased to hold office. Each commissioner
shall receive the same compensation, which shall not be more than five
hundred dollars ($500) per year, to be fixed by the commission and to be paid
out of commission funds, except that a commissioner representing a federal
agency shall serve without compensation. Each commissioner shall furnish a
bond for faithful performance of his official duties. This bond shall not be less
than five thousand dollars ($5,000); the amount shall be fixed by the
(6)
commission; and its cost shall be paid by the commission.
Each commissioner may be removed by the official by whom he was
appointed, for cause, after hearing by the appointing official and after at least
ten (10) days' notice in writing has been given to the commissioner, which
notice shall embrace the charges preferred against him. At the hearing he may
be represented by counsel. The finding of the appointing official shall be final
and removal results in vacancy in the office. A federal agency shall determine
its own appointment and removal procedures for its representative.
Effective:June 24, 2003
History: Amended 2003 Ky. Acts ch. 167, sec. 4, effective June 24, 2003. -Amended 1996 Ky. Acts ch. 122, sec. 4, effective July 15, 1996. -- Amended
1978 Ky. Acts ch. 384, sec. 193, effective June 17, 1978. -- Created 1960 Ky.
Acts ch. 207, sec. 4, effective June 16, 1960.
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