Public Acts of 1959 Chapter 225

COMPILER'S NOTE: The following act is a public act of special application and is not codified in Tennessee Code Annotated.

SECTION 1. That all acts and proceedings heretofore taken in connection with the organization of the Citizens Gas Utility District of Scott and Morgan Counties, Tennessee are hereby legalized and validated and said District is hereby constituted a valid district under the provisions of the law pursuant to which such organization proceedings were taken, notwithstanding any defect in such proceedings.

SECTION 2. From the date of the ratification of this act until the regular August election in 1978, the governing body of the Citizen Gas Utility District of Scott and Morgan Counties shall consist of the present board of that district plus James Griffith of Route 1, Helenwood, Tennessee; Maxine Burton of Elgin, Tennessee; Wilma Laxton of Oneida, Tennessee; Loretta Lloyd of Helenwood, Tennessee; Gary Mason of Oneida, Tennessee; and Verna Bardill of Wartburg, Tennessee. At the regular August election in 1978, there shall be an election held among the subscribers of the district to elect a board of five (5) trustees to govern the district. In the 1978 election one (1) member shall be elected for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years, and one (1) for a term of five (5) years. Each trustee shall hold office for the term for which he is named or elected or until his successor shall have been elected and qualified. Annual elections shall be held among all the membership in the same way and manner as electric cooperatives. The board of trustees shall promulgate a set of by-laws similar to those provided by electric co-operatives within six (6) months of the enactment of this act which by-laws shall be submitted to the members for ratification. Representation on the board of trustees shall be apportioned so that, at all times, three (3) of the trustees shall be residents of Morgan County. Election of trustees shall be conducted so that the customer owners of the district who reside in Scott County shall vote on each trustee to be elected from Scott County and the consumer owners of the district who reside in Morgan County shall vote on each trustee to be elected from Morgan County.

SECTION 3. That all Acts and proceedings heretofore had or taken by the governing body of said District in connection with the authorization of bonds of said District for purchasing, acquisition, construction, reconstruction, improving, betterment, extending, maintaining and operation of said gas system are hereby legalized and validated and said bonds, when delivered in accordance with the provisions of such proceedings, shall constitute the valid and binding obligations of said District payable from the income and revenue provided in such proceedings. After this law shall become effective, no suit or contest shall be instituted in any court of law or equity contesting the validity of any such bonds or the proceedings in connection with the issuance thereof, or in connection with the right of any acting member of the governing body of said District to his office.

SECTION 4. The trustees of said district shall receive no salary for their services, but each trustee shall be entitled to receive a fee of one hundred dollars ($100) for attendance at each meeting of the board, and to reimbursement for all expenses incurred in connection with the performance of their duties, subject to the maximum allowed by the by-laws. No more than one hundred dollars ($100) shall be paid a trustee for attendance fees for meetings held in any one month, but this limitation in payment of attendance fees shall in no way affect the number of meetings the board may hold in any one month. In the event of a vacancy on the board of trustees, the remaining trustees shall have the right to elect a temporary trustee to serve until the next annual election at which time a successor shall be elected to fill the remaining term of the trustee whose office is vacated.

SECTION 5. That the provisions of this act are severable, and if any of its provisions shall be held to be invalid by any court of competent jurisdiction, the remaining provisions shall remain fully effective, it being hereby declared to be the legislative intent that this Act would have been adopted had any such invalid provision not been included therein.

SECTION 6. That all laws or parts of laws in conflict herewith be and the same are hereby repealed and that this act shall take effect from and after its passage, the public welfare requiring it.

Passed: March 13, 1959.