§ 19-132. Board of commissioners.

(a)

The gravity drainage district created in this division shall be governed and controlled by five commissioners, who shall be the governing authority of the district. These commissioners or their wives must be assessed with real estate in the district to the value of $500.00, or they must be the representatives of some corporation owning lands in the district to the value of $500.00. The representative of a corporation may be an officer of the corporation, or may be some person not connected with the corporation as officer or stockholder, but is designated to represent the corporation by a resolution of the board of directors to that effect. Persons possessing the qualifications, or persons so designated to represent a corporation, may be drainage commissioners, whether they are residents or nonresidents. A drainage commissioner may hold the position of drainage commissioner in two or more drainage districts and may hold these positions in addition to any other office that may be held by him, and the holding of position as drainage commissioner shall not be considered in contemplation of law as dual office holding.

(b)

The council shall appoint the five commissioners for the district herein created. All selections or appointments shall be for terms of four years. The appointment of commissioners by the council shall be made upon the petition or recommendation of a majority in number of acres or a majority of the resident landowners in the district, provided the district contains 40 or less landowners. If more than 40 landowners are embraced in the district, the appointment shall be made upon the recommendation of 25 of the landowners of the district. Where there is a contest of the appointment of commissioners, the council shall give the appointment to those commissioners who are recommended by the land owners owning the greatest number of acres of land in the district. In the absence of any petition or recommendation, the council may appoint commissioners in its discretion.

(Code 1975, § 24:100C, D)