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Private Acts of 1993 Chapter 89

SECTION 1.  Chapter 286 of the Private Acts of 1970, as amended by Chapter 274 of the Private Acts of 1982, and all other acts amendatory thereto, is hereby repealed.

SECTION 2.  Haywood County shall be divided into five (5) school districts each of which shall consist of two (2) county commissioner districts, as follows:

School District 1    County commissioner districts 1 & 5

School District 2    County commissioner districts 2 & 6

School District 3    County commissioner districts 3 & 7

School District 4    County commissioner districts 4 & 10

School District 5    County commissioner districts 8 & 9

It is the intent of this Act that changes in the boundary line of any county commission district for purpose of reapportionment shall automatically redefine the school district boundary lines so that further action on the part of the General Assembly for this purpose is not required.  In the event such reapportionment results in a school board member no longer residing in the district he or she represents, such member shall continue to hold office until the expiration of his or her term.  One member of the Haywood County Board of Education (Board) shall be elected by the qualified voters in each school district.  Board members shall be elected to staggered four (4) year terms so that every two (2) years the terms of approximately one-half the members of the Board shall expire, with the odd-numbered districts expiring at the same time, and the even-numbered districts expiring at the same time.  Persons elected in the regular August elections shall take office on September 1 following the election and shall serve until their successors are duly elected and qualified.

SECTION 3.  To accomplish the transition from the present at-large Board consisting of seven (7) members appointed by the Haywood County legislative body to the five (5) school districts, set out in Section 2 of this Act, and established following the 1990 census, the two (2) Board members which the Haywood County legislative body shall appoint in July, 1993, shall each serve a term of office which shall expire on August 31, 1994, or at the time their successors are duly elected and qualified.  The Board member which the Haywood County legislative body shall appoint in July, 1994, shall serve a term of office which shall expire on August 31, 1994, or at the time his or her successor is duly elected and qualified.  At the regular August election in 1994, there shall be elected one (1) Board member each from school districts 1, 3, and 5.  These Board members shall serve a term of office of four (4) years as set out in Section 2 of this Act.  At this time, the Board shall consist of three (3) members which have been popularly elected from districts by the people of Haywood County and four (4) at-large members which have been appointed by the Haywood County legislative body.  The two (2) Board members which the Haywood County legislative body shall appoint in July, 1995, shall each serve a term of office which shall expire on August 31, 1996, or at the time their successors are duly elected and qualified.  The two (2) Board members which the Haywood County legislative body shall appoint in July, 1996, or at the time their successors are duly elected and qualified.  At the regular August election in 1996, there shall be elected one (1) Board member each from school district 2 and 4.  These Board members shall serve a term of office of four (4) years as set out in Section 2 of this Act.  On September 1, 1996, the Board shall consist of five (5) members popularly elected from five (5) school districts serving staggered terms of four (4) years.

SECTION 4.  The Haywood County Board of Education shall have the same powers, duties, privileges and qualifications as the Board of Education established pursuant to Title 49, Tennessee Code Annotated, except as otherwise provided herein.

SECTION 5.  If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application and to that end the provisions of this Act are declared to be severable.

SECTION 6.  This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the Board of County Commissioners of Haywood County.  Its approval or nonapproval shall be proclaimed by the presiding officer of the Board of County Commissioners of Haywood County and certified by him to the Secretary of State.

SECTION 7.  For the purpose of approving or rejecting the provisions of this Act, it shall be effective upon becoming a law, the public welfare requiring it.  For all other purposes, it shall become effective upon being approved as provided in Section 6.

Passed:  May 17, 1993.