Title
A RESOLUTION APPOINTING MAYOR JOHN KONIAR TO THE BOARD OF DIRECTORS OF RIVIERA UTILITIES
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ No, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
Body
WHEREAS, in September 2009, Mayor John Koniar (hereinafter “Koniar”) was appointed to his first six-year term to the Board of Directors of Riviera Utilities (hereinafter the “Board”) with said term ending in September 2015; and
WHEREAS, on September 10, 2015, by Resolution No. 15-2276-RES, the City Council reappointed Koniar to the Board for a term beginning October 2, 2015 and ending November 7, 2016, with the intention being that Koniar’s term on the Board would run concurrently with his term as Mayor; and
WHEREAS, on November 7, 2016, Koniar was re-elected as Mayor of the City of Foley; and
WHEREAS, on November 7, 2016, by Resolution No. 16-1285-RES, the City Council reappointed Koniar to the Board for a term beginning November 7, 2016 and ending November 2, 2020, with the intention being that Koniar’s term on the Board would continue to run concurrently with his term as Mayor; and
WHERAS, Alabama law and the organizational documents of Riviera Utilities require that Board members are appointed for six-year terms regardless of whether they are elected officials of the City of Foley and requires that the terms of the members of the Board be staggered; and
WHEREAS, the City Council and Riviera Utilities recognize that by appointing Koniar to Board terms that ran concurrently with his term as Mayor, the terms of individual Board members are no longer correctly staggered; and
WHEREAS, by letter dated April 20, 2020 Koniar resigned from the Board, effective as of April 20, 2020;
WHEREAS, the City Council and Riviera Utilities desire to re-appoint Koniar to the Board for a term to expire on October 2, 2021 (six-years from the beginning of his October 2, 2015 term) in order to correctly appoint him to a six-year term and re-align the Board positions so they are correctly staggered; and
WHEREAS, the City Council, Riviera Utilities and Koniar recognize that Koniar is being appointed to the Board in his capacity as a municipal officer and that should Koniar cease being a municipal officer prior to October 2, 2021, then, pursuant to Alabama Code §11-50-313, Koniar’s term on the Board shall immediately terminate and the City Council shall have the right, but not the obligation, to appoint another individual to serve the remainder of the six-year term; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
Section 1. Re-appoints Mayor John Koniar to the Riviera Utilities Board beginning April 20, 2020 and ending October 2, 2021, unless terminated earlier by Koniar ceasing to be a municipal officer of the City.
Section 2. This Resolution shall become effective immediately upon its adoption as required by law.