A. The powers of the Authority shall be vested in the Authority Board of Directors consisting of five directors. The number of directors shall not be altered by the Authority Board.
B. The Authority Board shall be constituted as follows:
1. One director who is a citizen of the City of Bristol, Virginia, and is not a member of the Bristol City Council, appointed by the Speaker of the House of Delegates.
2. One director who is a member of the Bristol City Council, appointed by the Bristol City Council to serve a four-year term coterminous with his term on the Council.
3. One director who is a citizen of Washington County and is not a member of the Washington County Board of Supervisors, appointed by the Senate Committee on Rules.
4. One director who is a citizen of the City of Bristol, Virginia, who is engaged in business and is not a member of the Bristol City Council, appointed by the Authority Board. However, the first such director shall be appointed by the Bristol City Council for a term that ends the sooner of July 1, 2017, or the date upon which the Authority Board appoints a director to this position to serve the remainder of the initial four-year term. The Authority Board shall appoint a director to this position thereafter.
5. One director who is a member of the Washington County, Virginia, Board of Supervisors, appointed by the Washington County Board of Supervisors to serve a four-year term coterminous with his term on the Board of Supervisors.
C. The four-year term of all directors shall begin July 1, 2016. The term of Authority Board membership for any director thereafter shall be four years.
D. Each director who is a member of the Bristol City Council or Washington County Board of Supervisors may serve as many terms as the appointing governing body decides as long as the appointee remains a member of the relevant governing body. The governing body may appoint a different member of the Council or Board of Supervisors at the end of any appointee's four-year Council or Board term or upon the exit of the member from the governing body. In the latter case, the new appointee shall serve for the remainder of the term vacated by an exiting member of the governing body.
E. If funds are available, each director may be reimbursed by the Authority for the amount of actual expenses incurred by him in the performance of his duties. Such expense allowance shall constitute a cost of operation and maintenance of such utility systems and shall be prorated among each of the systems it manages using the "Three-Factor" allocation method approved by the Commission. The three factors consist of the percentages that each division comprises of total plant in service, total operating revenues, and total customer accounts. Once each operating division's percentage of each of the three factors is calculated, the sum of the three factors divided by three results in the operating division's share of the total direct or indirect costs.
2010, cc. 117, 210; 2016, cc. 724, 725.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 72 - BVU Authority Act
§ 15.2-7201. Creation; public purpose
§ 15.2-7203. BVU Authority; operating name or names
§ 15.2-7205. Board of Directors; membership
§ 15.2-7206. Organization; compensation
§ 15.2-7209. Authority deemed to be an MLEC
§ 15.2-7210. Transfer of properties and debt
§ 15.2-7213. Deposit and investment of funds
§ 15.2-7214. Authority to issue bonds
§ 15.2-7215. Credit of Commonwealth and political subdivisions not pledged
§ 15.2-7216. Directors and persons executing bonds not liable thereon
§ 15.2-7217. Security for payment of bonds; default
§ 15.2-7218. Bonds as legal investments
§ 15.2-7219. Contracts concerning interest rates and investments
§ 15.2-7221. Sovereign immunity
§ 15.2-7222. Appropriation by political subdivision
§ 15.2-7223. Contracts with political subdivisions
§ 15.2-7224. Application of local ordinances, service charges, and taxes upon leaseholds
§ 15.2-7225. Existing contracts, leases, franchises, etc., not impaired