Tennessee § 7-52-107 - Board of public utilities — Creation.

§ 7-52-107. Board of public utilities — Creation.

Any municipality, except those that employ a city-manager or that have a population of less than two thousand (2,000), issuing bonds under this part for the acquisition of an electric plant shall, and any municipality now or hereafter owning or operating an electric plant under this part or any other law may, appoint a board of public utilities, referred to as the “board” in this part. The board shall be created in the following manner: at the time the governing body of a municipality issuing bonds under this part determines that a majority of the qualified voters voting on the election resolution have assented to the bond issue for the acquisition of an electric plant, the chief executive officer of the municipality shall, or if no such bonds are issued, or if the municipality employs a city-manager or has a population of less than two thousand (2,000), then at any time the chief executive officer may, with the consent of the governing body of the municipality, appoint two (2) or four (4) persons from among the property holders of such municipality who are residents of the municipality and have resided therein for not less than one (1) year next preceding the date of appointment to such board. The board of a municipal electric system may consist of two (2) or four (4) persons who have been for not less than one (1) year preceding the appointment both a customer of the municipal electric system and a resident of the county wherein such municipality is located. No regular compensated officer or employee of a municipality shall be eligible for such appointment until at least one (1) year after the expiration of the term of such person's public office. Acts 1935, ch. 32, § 13; C. Supp. 1950, § 3708.13; T.C.A. (orig. ed.), § 6-1507; Acts 1990, ch. 664, § 1. Compiler's Notes. Acts 1990, ch. 664, § 2 provided that nothing in the amendment by that act shall be construed to abridge the term of any present member of a municipal electric board. For table of populations of Tennessee municipalities, see Volume 13 and its supplement. Attorney General Opinions. Residency requirement for membership on city's board of public utilities, OAG 98-0158, 1998 Tenn. AG LEXIS 158 (8/24/98). In the context of this section, the term “chief executive officer” refers to the mayor of a city, not the city manager, OAG 03-119, 2003 Tenn. AG LEXIS 137 (9/24/03). Organization of the Clarksville electric power board. OAG 11-29, 2011 Tenn. AG LEXIS 31 (3/25/11).