§ 14-92-240 - Districts of less than six thousand lots -- Alteration of number of and method of selecting commissioners.
14-92-240. Districts of less than six thousand lots -- Alteration of number of and method of selecting commissioners.
(a) Any suburban improvement district which contains fewer than six thousand (6,000) lots and which selects successor commissioners by a vote of the remaining commissioners may alter the number and method of selection of members of the board of commissioners of the district pursuant to this section.
(b) (1) Any property owner in the suburban improvement district may make a written request for an election on the question of whether to change the method of selecting the board of commissioners of the district. The request shall be filed with a quorum court member whose district includes all or part of the suburban improvement district.
(2) The property owner filing the request shall be responsible for all costs of the election and any notice required under subsection (b) of this section.
(3) (A) Within forty-five (45) days after receiving the request, the quorum court member shall mail, by first class mail, ballots to all property owners in the district, along with a copy of this section.
(B) The date for returning ballots shall be set by the quorum court member and shall not be less than twenty (20) days after the date he or she mailed the ballots to property owners.
(C) Ballots shall not be valid unless signed by the property owner and mailed within the time allowed.
(4) Two (2) votes shall be awarded for each property. The interests of time-share owners shall be voted by the time-share owners' association on the same basis.
(5) A majority of the votes cast on the issue shall be required for passage of the measure.
(6) The quorum court member who conducted the election shall notify the property owners of the results of the election. If the measure passes, the notice shall include the notice of the meetings for nomination and election.
(7) The commissioners serving on the board at the time of the approval of the measure shall continue to serve until a new board is elected.
(c) (1) (A) Not more than sixty (60) days nor less than thirty (30) days after the measure is approved, the quorum court member who conducted the election under subsection (b) of this section shall hold a meeting to accept nominations for the new commissioners. Nominations for commissioners shall be made by property owners.
(B) The commissioners shall be elected, from among those nominated, at a subsequent public meeting to be held not less than thirty (30) days after the meeting to nominate commissioners.
(C) Notice of the meetings shall be mailed to each property owner at least thirty (30) days prior to the meeting to nominate comissioners.
(D) The notice shall include the following information:
(i) The time, place, and date of the meetings to nominate and elect a new board of commissioners;
(ii) How to request an absentee ballot; and
(iii) The qualifications for voting in the election.
(2) Each property owner in attendance at the meeting to nominate shall be entitled to nominate one (1) district resident property owner. Each property owner shall be entitled to one (1) vote for each position of commissioner to be filled. A property owner may cast his or her vote in person at the meeting conducted to elect commissioners or may vote by an absentee ballot. Absentee ballots must be received prior to the meeting held to elect commissioners. Any absentee ballot may be requested by any property owner.
(3) (A) A meeting shall be held annually to nominate successor members, and a subsequent meeting shall be held to elect successor members.
(B) The annual meetings shall be conducted by the board.
(C) The same notice requirements as for the initial meetings for nomination and election of commissioners shall apply to the annual meetings for nomination and election of commissioners.
(4) The cost of the election held to select commissioners under this subsection shall be borne by the district.
(d) (1) The new board of commissioners shall consist of five (5) members, who shall serve staggered terms of three (3) years.
(2) The terms of office of initial members shall be determined as follows:
(A) The individuals receiving the highest and second highest number of votes shall serve an initial term of three (3) years;
(B) The individuals receiving the third and fourth highest number of votes shall serve an initial term of two (2) years; and
(C) The individual receiving the fifth highest number of votes shall serve an initial term of one (1) year.
(3) If two (2) commissioners are to be elected at an annual meeting, the individuals receiving the highest and second highest number of votes shall be elected. If one (1) commissioner is to be elected at an annual meeting, the individual receiving the highest number of votes shall be elected.
(4) (A) Vacancies occurring on the board shall be filled until the next annual election by a majority vote of the remaining commissioners.
(B) At the annual election, the position shall be filled for the remainder of the unexpired term. If two (2) commissioners are to be elected at the annual meeting, the individual receiving the second highest number of votes shall fill the vacancy for the unexpired term. If three (3) commissioners are to be elected at the annual meeting, the individual receiving the third highest number of votes shall fill the vacancy for the unexpired term.
(5) Whenever any member of the board fails to attend a majority of the meetings of the board during any six-month period, the board shall declare the position vacant, and the position shall be filled in the same manner as by this section for other vacancies.
(e) Whenever notice is required under this section, the notice shall be given by first class mail.