§ 162A‑34. Districtboard; composition, appointment, term, oaths and removal of members;organization; meetings; quorum; compensation and expenses of members.
(a) Immediately afterthe creation of the district, the board of commissioners shall appoint threemembers of the district board and the governing body of each politicalsubdivision included in the district shall appoint one member, except that ifany city or town has a population, according to the latest decennial census, inexcess of the total population of the remaining cities and towns within thedistrict, or where there are no other cities or towns involved, if the censuspopulation is in excess of the total population of the remainder of thedistrict, the governing body shall appoint three members. No appointment of amember of the district board shall be made by or in behalf of any politicalsubdivision of which the board of commissioners shall be the governing body,the three appointees designated by the board of commissioners shall be selectedfrom within the district and shall be deemed to represent all such politicalsubdivisions. The members of the district board first appointed shall haveterms expiring one year, two years and three years, respectively, from the dateof adoption of the resolution of the Commission for Public Health creating thedistrict, as the board of commissioners shall determine, provided that of thethree members appointed by any governing body, not more than one such membershall be appointed for a three‑year term. Successive members shall eachbe appointed to serve only for the unexpired term and any member of thedistrict board may be reappointed. Appointments of successor members shall, ineach instance, be made by the governing body making the initial appointment orappointments. All members shall serve until their successors have been dulyappointed and qualified, and any member of the district board may be removedfor cause by the governing body appointing him.
Each member of the districtboard before entering upon his duties shall take and subscribe an oath oraffirmation to support the Constitution and laws of the United States and ofthis State and to discharge faithfully the duties of his office, and a recordof each such oath shall be filed with the clerk of the board of commissioners.
The district board shall electone of its members as chairman and another as vice‑chairman and shallappoint a secretary and a treasurer who may but need not be members of thedistrict board. The offices of secretary and treasurer may be combined. Theterms of office of the chairman, vice‑chairman, secretary and treasurershall be as provided in the bylaws of the district board.
The district board shall meetregularly at such places and dates as determined by the board. Special meetingsmay be called by the chairman on his own initiative and shall be called by himupon request of two or more members of the board. All members shall be notifiedin writing at least 24 hours in advance of such meeting. A majority of themembers of the district board shall constitute a quorum and the affirmativevote of a majority of the members of the district board present at any meetingthereof shall be necessary for any action taken by the district board. Novacancy in the membership of the district board shall impair the right of aquorum to exercise all the rights and perform all the duties of the districtboard. Each member including the chairman shall be entitled to vote on anyquestion. The members of the district board may receive compensation in anamount to be determined by the board, but not to exceed ten dollars ($10.00)for each meeting attended, and may be reimbursed the amount of actual expensesincurred by them in the performance of their duties.
(b) Any metropolitanwater district wholly within the corporate limits of two or more municipalitiesshall be governed by a district board consisting of members appointed by thegoverning body of each political subdivision (municipal corporation) includedwholly or partially in the district and an additional at‑large memberappointed by the other members of the district board as provided in thissubsection. The governing body of each constituent municipality shall initiallyappoint two members from its qualified electors, one for a term expiring thefirst day of July after the first succeeding regular election in whichmunicipal officers shall be elected by the municipality from which he isappointed, and the other for a term expiring the first day of July after thesecond succeeding regular election of municipal officers in the municipality.Thereafter, subsequent to each ensuing regular election of municipal officersthe governing body of each municipal corporation composing any part of themetropolitan water district shall appoint one member to the district board fora term of four years beginning on the first day of July. The one additional at‑largemember of the district board shall be a qualified elector of a constituentmunicipality of the district and appointed initially and quadrennially thereafterby majority vote of the other district board membership for a term of fouryears which shall expire on the first day of August in every fourth calendaryear thereafter.
Any vacancy in district boardmembership shall be filled by appointment of the original appointing authorityfor the remainder of the unexpired term.
The provisions of subsection(a) in particular and of this Article generally not inconsistent with thissubsection shall also apply.
(c) In those caseswhere a district is created which includes a municipality which owns anexisting water and sewer system and where the county commissioners are actingas or have been appointed as trustees of a separate water or sewer system, orboth which will be included within the district along with an existingmunicipal system, the district board shall be comprised of seven membersdesignated as follows: three county commissioners and three members of the citycouncil of the municipality, said members to be selected by majority vote ofthe governing body on which they serve. These six members of the district boardshall appoint a seventh member who shall also serve as chairman of the districtboard and whose term shall automatically expire upon the seating of either anew board of commissioners, or of a new council of the municipality.
The chairman of the districtboard will be eligible, however, for reappointment, upon the expiration of hisor her current term, by the next district board selected upon and after theseating of either a new board of commissioners or new council of themunicipality. The chairman of the district board shall take and subscribe anoath or affirmation to support the Constitution and laws of the United Statesand of this State, and to discharge faithfully the duties of his office, and arecord of each such oath shall be filed with the clerk of the board ofcommissioners and the clerk of the municipality. The other six members willserve upon said board corollary to the responsibilities and duties of theirrespective elective offices and such service upon the district board will notconstitute the holding of a public office. No compensation shall be paid to anymember of the district board except for the chairman, and his compensationshall be fixed by the remaining six members. Except as provided above, noadditional oath or affirmation shall be required of the members of the districtboard. No county commissioner or member of the council of the municipalityshall continue to serve upon the district board subsequent to the terminationof his or her current elective term, except upon reelection to said office.
The district board shallappoint a secretary and a treasurer who will not be members of the districtboard. The terms of office of the secretary and treasurer shall be as providedin the bylaws of the district board and the compensation of said officers shallbe fixed by the district board. The treasurer shall furnish bond in somesecurity company authorized to do business in North Carolina, the amount to befixed by the district board in a sum not less than five thousand dollars($5,000), which bond shall be approved by the district board and shall becontinued upon the faithful performance of his duties. Every official, employeeor agent of the district who handles or has custody of more than one hundreddollars ($100.00) of such district funds at any time, shall before assuming hisduties as such be required to furnish bond in some security company authorizedto do business in North Carolina, the amount to be fixed by the district board,which bond shall be approved by the district board and shall be continued uponthe faithful performance of his duties in an amount sufficient to protect thedistrict. All bonds required by this section shall be filed with the clerk ofthe municipality.
The district board shall meetregularly and no less than monthly, at such places and dates as determined bythe board. Special meetings may be called by the chairman on his own initiativeand shall be called by him upon request of two or more members of the board.All members shall be notified in writing at least 24 hours in advance of anymeeting. A majority of the members of the district board shall constitute aquorum and the affirmative vote of a majority of the district board present atany meeting thereof shall be necessary for any action taken by the districtboard. No vacancy in the membership of the district board shall impair theright of a quorum to exercise all the rights and perform all the duties of thedistrict board. Each member, including the chairman, shall be entitled to voteupon any question.
Any vacancy in district boardmembership, except that of the chairman, shall be filled by appointment of theoriginal appointing authority for the remainder of the unexpired term. Eachgoverning body may, by majority vote, replace at any time its representativeson said district board. (1971, c. 815, s. 4; 1973, c. 476, s. 128; 2007‑182, s. 2.)
§ 162A‑34. Districtboard; composition, appointment, term, oaths and removal of members;organization; meetings; quorum; compensation and expenses of members.
(a) Immediately afterthe creation of the district, the board of commissioners shall appoint threemembers of the district board and the governing body of each politicalsubdivision included in the district shall appoint one member, except that ifany city or town has a population, according to the latest decennial census, inexcess of the total population of the remaining cities and towns within thedistrict, or where there are no other cities or towns involved, if the censuspopulation is in excess of the total population of the remainder of thedistrict, the governing body shall appoint three members. No appointment of amember of the district board shall be made by or in behalf of any politicalsubdivision of which the board of commissioners shall be the governing body,the three appointees designated by the board of commissioners shall be selectedfrom within the district and shall be deemed to represent all such politicalsubdivisions. The members of the district board first appointed shall haveterms expiring one year, two years and three years, respectively, from the dateof adoption of the resolution of the Commission for Public Health creating thedistrict, as the board of commissioners shall determine, provided that of thethree members appointed by any governing body, not more than one such membershall be appointed for a three‑year term. Successive members shall eachbe appointed to serve only for the unexpired term and any member of thedistrict board may be reappointed. Appointments of successor members shall, ineach instance, be made by the governing body making the initial appointment orappointments. All members shall serve until their successors have been dulyappointed and qualified, and any member of the district board may be removedfor cause by the governing body appointing him.
Each member of the districtboard before entering upon his duties shall take and subscribe an oath oraffirmation to support the Constitution and laws of the United States and ofthis State and to discharge faithfully the duties of his office, and a recordof each such oath shall be filed with the clerk of the board of commissioners.
The district board shall electone of its members as chairman and another as vice‑chairman and shallappoint a secretary and a treasurer who may but need not be members of thedistrict board. The offices of secretary and treasurer may be combined. Theterms of office of the chairman, vice‑chairman, secretary and treasurershall be as provided in the bylaws of the district board.
The district board shall meetregularly at such places and dates as determined by the board. Special meetingsmay be called by the chairman on his own initiative and shall be called by himupon request of two or more members of the board. All members shall be notifiedin writing at least 24 hours in advance of such meeting. A majority of themembers of the district board shall constitute a quorum and the affirmativevote of a majority of the members of the district board present at any meetingthereof shall be necessary for any action taken by the district board. Novacancy in the membership of the district board shall impair the right of aquorum to exercise all the rights and perform all the duties of the districtboard. Each member including the chairman shall be entitled to vote on anyquestion. The members of the district board may receive compensation in anamount to be determined by the board, but not to exceed ten dollars ($10.00)for each meeting attended, and may be reimbursed the amount of actual expensesincurred by them in the performance of their duties.
(b) Any metropolitanwater district wholly within the corporate limits of two or more municipalitiesshall be governed by a district board consisting of members appointed by thegoverning body of each political subdivision (municipal corporation) includedwholly or partially in the district and an additional at‑large memberappointed by the other members of the district board as provided in thissubsection. The governing body of each constituent municipality shall initiallyappoint two members from its qualified electors, one for a term expiring thefirst day of July after the first succeeding regular election in whichmunicipal officers shall be elected by the municipality from which he isappointed, and the other for a term expiring the first day of July after thesecond succeeding regular election of municipal officers in the municipality.Thereafter, subsequent to each ensuing regular election of municipal officersthe governing body of each municipal corporation composing any part of themetropolitan water district shall appoint one member to the district board fora term of four years beginning on the first day of July. The one additional at‑largemember of the district board shall be a qualified elector of a constituentmunicipality of the district and appointed initially and quadrennially thereafterby majority vote of the other district board membership for a term of fouryears which shall expire on the first day of August in every fourth calendaryear thereafter.
Any vacancy in district boardmembership shall be filled by appointment of the original appointing authorityfor the remainder of the unexpired term.
The provisions of subsection(a) in particular and of this Article generally not inconsistent with thissubsection shall also apply.
(c) In those caseswhere a district is created which includes a municipality which owns anexisting water and sewer system and where the county commissioners are actingas or have been appointed as trustees of a separate water or sewer system, orboth which will be included within the district along with an existingmunicipal system, the district board shall be comprised of seven membersdesignated as follows: three county commissioners and three members of the citycouncil of the municipality, said members to be selected by majority vote ofthe governing body on which they serve. These six members of the district boardshall appoint a seventh member who shall also serve as chairman of the districtboard and whose term shall automatically expire upon the seating of either anew board of commissioners, or of a new council of the municipality.
The chairman of the districtboard will be eligible, however, for reappointment, upon the expiration of hisor her current term, by the next district board selected upon and after theseating of either a new board of commissioners or new council of themunicipality. The chairman of the district board shall take and subscribe anoath or affirmation to support the Constitution and laws of the United Statesand of this State, and to discharge faithfully the duties of his office, and arecord of each such oath shall be filed with the clerk of the board ofcommissioners and the clerk of the municipality. The other six members willserve upon said board corollary to the responsibilities and duties of theirrespective elective offices and such service upon the district board will notconstitute the holding of a public office. No compensation shall be paid to anymember of the district board except for the chairman, and his compensationshall be fixed by the remaining six members. Except as provided above, noadditional oath or affirmation shall be required of the members of the districtboard. No county commissioner or member of the council of the municipalityshall continue to serve upon the district board subsequent to the terminationof his or her current elective term, except upon reelection to said office.
The district board shallappoint a secretary and a treasurer who will not be members of the districtboard. The terms of office of the secretary and treasurer shall be as providedin the bylaws of the district board and the compensation of said officers shallbe fixed by the district board. The treasurer shall furnish bond in somesecurity company authorized to do business in North Carolina, the amount to befixed by the district board in a sum not less than five thousand dollars($5,000), which bond shall be approved by the district board and shall becontinued upon the faithful performance of his duties. Every official, employeeor agent of the district who handles or has custody of more than one hundreddollars ($100.00) of such district funds at any time, shall before assuming hisduties as such be required to furnish bond in some security company authorizedto do business in North Carolina, the amount to be fixed by the district board,which bond shall be approved by the district board and shall be continued uponthe faithful performance of his duties in an amount sufficient to protect thedistrict. All bonds required by this section shall be filed with the clerk ofthe municipality.
The district board shall meetregularly and no less than monthly, at such places and dates as determined bythe board. Special meetings may be called by the chairman on his own initiativeand shall be called by him upon request of two or more members of the board.All members shall be notified in writing at least 24 hours in advance of anymeeting. A majority of the members of the district board shall constitute aquorum and the affirmative vote of a majority of the district board present atany meeting thereof shall be necessary for any action taken by the districtboard. No vacancy in the membership of the district board shall impair theright of a quorum to exercise all the rights and perform all the duties of thedistrict board. Each member, including the chairman, shall be entitled to voteupon any question.
Any vacancy in district boardmembership, except that of the chairman, shall be filled by appointment of theoriginal appointing authority for the remainder of the unexpired term. Eachgoverning body may, by majority vote, replace at any time its representativeson said district board. (1971, c. 815, s. 4; 1973, c. 476, s. 128; 2007‑182, s. 2.)
§ 162A‑34. Districtboard; composition, appointment, term, oaths and removal of members;organization; meetings; quorum; compensation and expenses of members.
(a) Immediately afterthe creation of the district, the board of commissioners shall appoint threemembers of the district board and the governing body of each politicalsubdivision included in the district shall appoint one member, except that ifany city or town has a population, according to the latest decennial census, inexcess of the total population of the remaining cities and towns within thedistrict, or where there are no other cities or towns involved, if the censuspopulation is in excess of the total population of the remainder of thedistrict, the governing body shall appoint three members. No appointment of amember of the district board shall be made by or in behalf of any politicalsubdivision of which the board of commissioners shall be the governing body,the three appointees designated by the board of commissioners shall be selectedfrom within the district and shall be deemed to represent all such politicalsubdivisions. The members of the district board first appointed shall haveterms expiring one year, two years and three years, respectively, from the dateof adoption of the resolution of the Commission for Public Health creating thedistrict, as the board of commissioners shall determine, provided that of thethree members appointed by any governing body, not more than one such membershall be appointed for a three‑year term. Successive members shall eachbe appointed to serve only for the unexpired term and any member of thedistrict board may be reappointed. Appointments of successor members shall, ineach instance, be made by the governing body making the initial appointment orappointments. All members shall serve until their successors have been dulyappointed and qualified, and any member of the district board may be removedfor cause by the governing body appointing him.
Each member of the districtboard before entering upon his duties shall take and subscribe an oath oraffirmation to support the Constitution and laws of the United States and ofthis State and to discharge faithfully the duties of his office, and a recordof each such oath shall be filed with the clerk of the board of commissioners.
The district board shall electone of its members as chairman and another as vice‑chairman and shallappoint a secretary and a treasurer who may but need not be members of thedistrict board. The offices of secretary and treasurer may be combined. Theterms of office of the chairman, vice‑chairman, secretary and treasurershall be as provided in the bylaws of the district board.
The district board shall meetregularly at such places and dates as determined by the board. Special meetingsmay be called by the chairman on his own initiative and shall be called by himupon request of two or more members of the board. All members shall be notifiedin writing at least 24 hours in advance of such meeting. A majority of themembers of the district board shall constitute a quorum and the affirmativevote of a majority of the members of the district board present at any meetingthereof shall be necessary for any action taken by the district board. Novacancy in the membership of the district board shall impair the right of aquorum to exercise all the rights and perform all the duties of the districtboard. Each member including the chairman shall be entitled to vote on anyquestion. The members of the district board may receive compensation in anamount to be determined by the board, but not to exceed ten dollars ($10.00)for each meeting attended, and may be reimbursed the amount of actual expensesincurred by them in the performance of their duties.
(b) Any metropolitanwater district wholly within the corporate limits of two or more municipalitiesshall be governed by a district board consisting of members appointed by thegoverning body of each political subdivision (municipal corporation) includedwholly or partially in the district and an additional at‑large memberappointed by the other members of the district board as provided in thissubsection. The governing body of each constituent municipality shall initiallyappoint two members from its qualified electors, one for a term expiring thefirst day of July after the first succeeding regular election in whichmunicipal officers shall be elected by the municipality from which he isappointed, and the other for a term expiring the first day of July after thesecond succeeding regular election of municipal officers in the municipality.Thereafter, subsequent to each ensuing regular election of municipal officersthe governing body of each municipal corporation composing any part of themetropolitan water district shall appoint one member to the district board fora term of four years beginning on the first day of July. The one additional at‑largemember of the district board shall be a qualified elector of a constituentmunicipality of the district and appointed initially and quadrennially thereafterby majority vote of the other district board membership for a term of fouryears which shall expire on the first day of August in every fourth calendaryear thereafter.
Any vacancy in district boardmembership shall be filled by appointment of the original appointing authorityfor the remainder of the unexpired term.
The provisions of subsection(a) in particular and of this Article generally not inconsistent with thissubsection shall also apply.
(c) In those caseswhere a district is created which includes a municipality which owns anexisting water and sewer system and where the county commissioners are actingas or have been appointed as trustees of a separate water or sewer system, orboth which will be included within the district along with an existingmunicipal system, the district board shall be comprised of seven membersdesignated as follows: three county commissioners and three members of the citycouncil of the municipality, said members to be selected by majority vote ofthe governing body on which they serve. These six members of the district boardshall appoint a seventh member who shall also serve as chairman of the districtboard and whose term shall automatically expire upon the seating of either anew board of commissioners, or of a new council of the municipality.
The chairman of the districtboard will be eligible, however, for reappointment, upon the expiration of hisor her current term, by the next district board selected upon and after theseating of either a new board of commissioners or new council of themunicipality. The chairman of the district board shall take and subscribe anoath or affirmation to support the Constitution and laws of the United Statesand of this State, and to discharge faithfully the duties of his office, and arecord of each such oath shall be filed with the clerk of the board ofcommissioners and the clerk of the municipality. The other six members willserve upon said board corollary to the responsibilities and duties of theirrespective elective offices and such service upon the district board will notconstitute the holding of a public office. No compensation shall be paid to anymember of the district board except for the chairman, and his compensationshall be fixed by the remaining six members. Except as provided above, noadditional oath or affirmation shall be required of the members of the districtboard. No county commissioner or member of the council of the municipalityshall continue to serve upon the district board subsequent to the terminationof his or her current elective term, except upon reelection to said office.
The district board shallappoint a secretary and a treasurer who will not be members of the districtboard. The terms of office of the secretary and treasurer shall be as providedin the bylaws of the district board and the compensation of said officers shallbe fixed by the district board. The treasurer shall furnish bond in somesecurity company authorized to do business in North Carolina, the amount to befixed by the district board in a sum not less than five thousand dollars($5,000), which bond shall be approved by the district board and shall becontinued upon the faithful performance of his duties. Every official, employeeor agent of the district who handles or has custody of more than one hundreddollars ($100.00) of such district funds at any time, shall before assuming hisduties as such be required to furnish bond in some security company authorizedto do business in North Carolina, the amount to be fixed by the district board,which bond shall be approved by the district board and shall be continued uponthe faithful performance of his duties in an amount sufficient to protect thedistrict. All bonds required by this section shall be filed with the clerk ofthe municipality.
The district board shall meetregularly and no less than monthly, at such places and dates as determined bythe board. Special meetings may be called by the chairman on his own initiativeand shall be called by him upon request of two or more members of the board.All members shall be notified in writing at least 24 hours in advance of anymeeting. A majority of the members of the district board shall constitute aquorum and the affirmative vote of a majority of the district board present atany meeting thereof shall be necessary for any action taken by the districtboard. No vacancy in the membership of the district board shall impair theright of a quorum to exercise all the rights and perform all the duties of thedistrict board. Each member, including the chairman, shall be entitled to voteupon any question.
Any vacancy in district boardmembership, except that of the chairman, shall be filled by appointment of theoriginal appointing authority for the remainder of the unexpired term. Eachgoverning body may, by majority vote, replace at any time its representativeson said district board. (1971, c. 815, s. 4; 1973, c. 476, s. 128; 2007‑182, s. 2.)
