§ 156‑81. Appointment and organization under amended act.
(a) Method of Appointment. The manner of appointment shall beas follows:
(1) If the drainage district shall lie solely within one county,the clerk of superior court for such county shall appoint such commissioners.
(2) If the said district shall lie in more than one county, thensuch commissioners shall be appointed by unanimous action of the clerks ofcourt for the counties wherein any part of such district lies.
(b) Organization. Immediately after the appointment of theboard of drainage commissioners, the clerk of the court of the county whereinsuch drainage proceeding is pending shall notify each of the commissioners inwriting to appear at a certain time and place within the district and organize.The clerk or clerks of court, as the case may be, shall appoint one of thethree members as chairman of the board of drainage commissioners, and in doingso he or they shall consider carefully and impartially the respectivequalifications of each of the members for the position.
(c) Term of Office. The term of service of the members of theboard of drainage commissioners so appointed shall begin upon theirappointment. Where all three commissioners are appointed at once, onecommissioner shall serve for one year, one for two years, and the other forthree years, the term to be computed from the first day of October followingtheir organization. The members so serving for one, two, and three years,respectively, shall be unanimously designated by the clerk or clerks of thecourt. Thereafter each member shall be appointed for three years. The clerkof the court for the county wherein the proceeding is pending shall record inthe drainage record the date of appointment, the members appointed, and thebeginning and expiration of their term of office.
(d) Vacancies Filled. If a vacancy shall occur in the officeof any commissioner by death, resignation, or otherwise, the remaining twomembers are to discharge the necessary duties of the board until the vacancyshall be filled; and if the vacancy shall be in the office of chairman orsecretary, the two remaining members may elect a secretary, and the clerk orclerks, as the case may be, shall appoint one of the two remaining members toact as chairman to hold until the vacancy in the board shall be filled. Theclerk of the county wherein the proceeding is pending shall keep a similarrecord of any appointment to fill vacancies. The person appointed to fill thevacancy shall be appointed in the manner set forth in subsection (a) of thissection and shall serve until the expiration of the term of his predecessor.The secretary of the board of drainage commissioners shall promptly notify theappropriate clerk or clerks of the superior court of any vacancy in the board.
(e) Failure to Appoint. If for any reason the clerk or clerksof the court shall fail to provide for the appointment of drainagecommissioners prior to the expiration of a term, the incumbents shall continueto hold their office as commissioners until their successors are appointed andqualified. The term of office of boards of drainage commissioners heretoforeelected and appointed shall expire immediately upon the appointment of newcommissioners pursuant to subsection (a) of this section.
(f) Meetings. The board shall meet once each month at astated time and place during the progress of drainage construction, and moreoften if necessary. After the drainage work is completed, or at any time, thechairman shall have the power to call special meetings of the board at acertain time and place. The chairman shall also call a meeting at any time uponthe written request of the owners of a majority in area of the land in thedistrict.
(g) Compensation. The chairman of the board of drainagecommissioners shall receive compensation and allowances as fixed by the clerkof the superior court. In fixing such compensation and allowances, the clerkshall give due consideration to the duties and responsibilities imposed uponthe chairman of the board. The other members of the board shall receive a perdiem not to exceed twenty‑five dollars ($25.00) a day, while engaged inattendance upon meetings of the board, or in the discharge of duties imposed bythe board. The secretary of the board shall receive such compensation andexpense allowances as may be determined by the board.
The chairman and members of the board of drainage commissioners shallalso receive their actual travel and subsistence expenses while engaged inattendance upon meetings of the board, or in the discharge of duties imposed bythe board. The compensation and expense allowances as herein set out shall bepaid from the assessments made annually for the purpose of maintaining thecanals of the drainage district, or from any other funds of the district.
(h) Application of Section. The provisions of this sectionshall apply to all drainage districts now or hereafter existing in this State,without regard to the date of organization.
(i) Repealed by Session Laws 1989 (Regular Session, 1990), c.959, s. 3. (1917, c. 152, s.5; 1919, cc. 109, 217; C.S., s. 5339; 1947, c. 935; 1949, c. 956, ss. 1‑3;1957, c. 912, s. 1; 1975, c. 494; 1989 (Reg. Sess., 1990), c. 959, s. 3.)
§ 156‑81. Appointment and organization under amended act.
(a) Method of Appointment. The manner of appointment shall beas follows:
(1) If the drainage district shall lie solely within one county,the clerk of superior court for such county shall appoint such commissioners.
(2) If the said district shall lie in more than one county, thensuch commissioners shall be appointed by unanimous action of the clerks ofcourt for the counties wherein any part of such district lies.
(b) Organization. Immediately after the appointment of theboard of drainage commissioners, the clerk of the court of the county whereinsuch drainage proceeding is pending shall notify each of the commissioners inwriting to appear at a certain time and place within the district and organize.The clerk or clerks of court, as the case may be, shall appoint one of thethree members as chairman of the board of drainage commissioners, and in doingso he or they shall consider carefully and impartially the respectivequalifications of each of the members for the position.
(c) Term of Office. The term of service of the members of theboard of drainage commissioners so appointed shall begin upon theirappointment. Where all three commissioners are appointed at once, onecommissioner shall serve for one year, one for two years, and the other forthree years, the term to be computed from the first day of October followingtheir organization. The members so serving for one, two, and three years,respectively, shall be unanimously designated by the clerk or clerks of thecourt. Thereafter each member shall be appointed for three years. The clerkof the court for the county wherein the proceeding is pending shall record inthe drainage record the date of appointment, the members appointed, and thebeginning and expiration of their term of office.
(d) Vacancies Filled. If a vacancy shall occur in the officeof any commissioner by death, resignation, or otherwise, the remaining twomembers are to discharge the necessary duties of the board until the vacancyshall be filled; and if the vacancy shall be in the office of chairman orsecretary, the two remaining members may elect a secretary, and the clerk orclerks, as the case may be, shall appoint one of the two remaining members toact as chairman to hold until the vacancy in the board shall be filled. Theclerk of the county wherein the proceeding is pending shall keep a similarrecord of any appointment to fill vacancies. The person appointed to fill thevacancy shall be appointed in the manner set forth in subsection (a) of thissection and shall serve until the expiration of the term of his predecessor.The secretary of the board of drainage commissioners shall promptly notify theappropriate clerk or clerks of the superior court of any vacancy in the board.
(e) Failure to Appoint. If for any reason the clerk or clerksof the court shall fail to provide for the appointment of drainagecommissioners prior to the expiration of a term, the incumbents shall continueto hold their office as commissioners until their successors are appointed andqualified. The term of office of boards of drainage commissioners heretoforeelected and appointed shall expire immediately upon the appointment of newcommissioners pursuant to subsection (a) of this section.
(f) Meetings. The board shall meet once each month at astated time and place during the progress of drainage construction, and moreoften if necessary. After the drainage work is completed, or at any time, thechairman shall have the power to call special meetings of the board at acertain time and place. The chairman shall also call a meeting at any time uponthe written request of the owners of a majority in area of the land in thedistrict.
(g) Compensation. The chairman of the board of drainagecommissioners shall receive compensation and allowances as fixed by the clerkof the superior court. In fixing such compensation and allowances, the clerkshall give due consideration to the duties and responsibilities imposed uponthe chairman of the board. The other members of the board shall receive a perdiem not to exceed twenty‑five dollars ($25.00) a day, while engaged inattendance upon meetings of the board, or in the discharge of duties imposed bythe board. The secretary of the board shall receive such compensation andexpense allowances as may be determined by the board.
The chairman and members of the board of drainage commissioners shallalso receive their actual travel and subsistence expenses while engaged inattendance upon meetings of the board, or in the discharge of duties imposed bythe board. The compensation and expense allowances as herein set out shall bepaid from the assessments made annually for the purpose of maintaining thecanals of the drainage district, or from any other funds of the district.
(h) Application of Section. The provisions of this sectionshall apply to all drainage districts now or hereafter existing in this State,without regard to the date of organization.
(i) Repealed by Session Laws 1989 (Regular Session, 1990), c.959, s. 3. (1917, c. 152, s.5; 1919, cc. 109, 217; C.S., s. 5339; 1947, c. 935; 1949, c. 956, ss. 1‑3;1957, c. 912, s. 1; 1975, c. 494; 1989 (Reg. Sess., 1990), c. 959, s. 3.)
§ 156‑81. Appointment and organization under amended act.
(a) Method of Appointment. The manner of appointment shall beas follows:
(1) If the drainage district shall lie solely within one county,the clerk of superior court for such county shall appoint such commissioners.
(2) If the said district shall lie in more than one county, thensuch commissioners shall be appointed by unanimous action of the clerks ofcourt for the counties wherein any part of such district lies.
(b) Organization. Immediately after the appointment of theboard of drainage commissioners, the clerk of the court of the county whereinsuch drainage proceeding is pending shall notify each of the commissioners inwriting to appear at a certain time and place within the district and organize.The clerk or clerks of court, as the case may be, shall appoint one of thethree members as chairman of the board of drainage commissioners, and in doingso he or they shall consider carefully and impartially the respectivequalifications of each of the members for the position.
(c) Term of Office. The term of service of the members of theboard of drainage commissioners so appointed shall begin upon theirappointment. Where all three commissioners are appointed at once, onecommissioner shall serve for one year, one for two years, and the other forthree years, the term to be computed from the first day of October followingtheir organization. The members so serving for one, two, and three years,respectively, shall be unanimously designated by the clerk or clerks of thecourt. Thereafter each member shall be appointed for three years. The clerkof the court for the county wherein the proceeding is pending shall record inthe drainage record the date of appointment, the members appointed, and thebeginning and expiration of their term of office.
(d) Vacancies Filled. If a vacancy shall occur in the officeof any commissioner by death, resignation, or otherwise, the remaining twomembers are to discharge the necessary duties of the board until the vacancyshall be filled; and if the vacancy shall be in the office of chairman orsecretary, the two remaining members may elect a secretary, and the clerk orclerks, as the case may be, shall appoint one of the two remaining members toact as chairman to hold until the vacancy in the board shall be filled. Theclerk of the county wherein the proceeding is pending shall keep a similarrecord of any appointment to fill vacancies. The person appointed to fill thevacancy shall be appointed in the manner set forth in subsection (a) of thissection and shall serve until the expiration of the term of his predecessor.The secretary of the board of drainage commissioners shall promptly notify theappropriate clerk or clerks of the superior court of any vacancy in the board.
(e) Failure to Appoint. If for any reason the clerk or clerksof the court shall fail to provide for the appointment of drainagecommissioners prior to the expiration of a term, the incumbents shall continueto hold their office as commissioners until their successors are appointed andqualified. The term of office of boards of drainage commissioners heretoforeelected and appointed shall expire immediately upon the appointment of newcommissioners pursuant to subsection (a) of this section.
(f) Meetings. The board shall meet once each month at astated time and place during the progress of drainage construction, and moreoften if necessary. After the drainage work is completed, or at any time, thechairman shall have the power to call special meetings of the board at acertain time and place. The chairman shall also call a meeting at any time uponthe written request of the owners of a majority in area of the land in thedistrict.
(g) Compensation. The chairman of the board of drainagecommissioners shall receive compensation and allowances as fixed by the clerkof the superior court. In fixing such compensation and allowances, the clerkshall give due consideration to the duties and responsibilities imposed uponthe chairman of the board. The other members of the board shall receive a perdiem not to exceed twenty‑five dollars ($25.00) a day, while engaged inattendance upon meetings of the board, or in the discharge of duties imposed bythe board. The secretary of the board shall receive such compensation andexpense allowances as may be determined by the board.
The chairman and members of the board of drainage commissioners shallalso receive their actual travel and subsistence expenses while engaged inattendance upon meetings of the board, or in the discharge of duties imposed bythe board. The compensation and expense allowances as herein set out shall bepaid from the assessments made annually for the purpose of maintaining thecanals of the drainage district, or from any other funds of the district.
(h) Application of Section. The provisions of this sectionshall apply to all drainage districts now or hereafter existing in this State,without regard to the date of organization.
(i) Repealed by Session Laws 1989 (Regular Session, 1990), c.959, s. 3. (1917, c. 152, s.5; 1919, cc. 109, 217; C.S., s. 5339; 1947, c. 935; 1949, c. 956, ss. 1‑3;1957, c. 912, s. 1; 1975, c. 494; 1989 (Reg. Sess., 1990), c. 959, s. 3.)
