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A. The business and affairs of the Authority shall be managed by a board of trustees consisting of five members. The members of the board of trustees shall be appointed by the Principal Chief, subject to confirmation by the Osage Nation Congress.

1. To be eligible for appointment to the board of trustees, an individual must have a degree or at least five years’ professional experience in one or more of the following fields: financial management, human or natural resources, utility management, law, engineering, or economic development.

B. The board of trustees shall exercise all the powers of the Authority except those conferred upon and reserved to the Osage Nation Congress or the Executive Branch by law, and shall:

1. Set and supervise all rates, joint rates, wheeling rates, tariffs, schedules, and other reasonable charges for all utilities owned or licensed under the Osage Nation Utility Authority.

2. Regulate all practices, equipment, appliances, facilities, and services of any utility or the methods of manufacture, distribution, transmission, storage, or supply employed by utilities under its jurisdiction.

3. Grant franchises, provided the franchisee shall be required to comply with federal and tribal environmental laws, and to protect plants, animals, water, air and land while doing business within the Osage Nation. Franchisees shall be required to work with the Osage Nation Environmental and Natural Resources Department and the Historic Preservation Office when issues arise regarding their actions within the Osage Nation.

4. Employ such persons or entities and incur such expenses as may be necessary for the proper discharge of its duties subject to the limitations and restrictions set out in this Act.

C. The board of trustees shall consist of a chair, vice chair, secretary, and two members.

1. Chair. The board of trustees shall elect one from among themselves to serve as chair of the Authority. The chair shall:

a. Be the principal executive officer of the Authority and, unless otherwise determined by the other members of the board of trustees, preside at all meetings of the board of trustees;

b. Sign with the secretary all deeds, mortgages, deeds of trust, notes, bonds, contracts or other instruments authorized by the board of trustees to be executed, except in cases which the signing and execution thereof shall be expressly delegated by the board of trustees or by these bylaws to some other officer or agent of the Authority or shall be required by law to be otherwise signed or executed; and

c. In general, perform all the duties incident to the office of chair and such other duties as may be prescribed by the board of trustees from time to time.

2. Vice Chair. The vice chair shall be elected by the members of the board of trustees. The vice chair, in the absence of the chair or in the event of his inability or refusal to Act, shall perform the duties of the chair and, when so acting, shall have all the power of and be subject to the restrictions upon the chair. The vice chair shall also perform such other duties as from time to time may be assigned to him by the board of trustees.

3. Secretary. The secretary shall be elected by the members of the board of trustees. The secretary shall be responsible for:

a. Keeping the minutes of the meetings of the board of trustees in books provided for that purpose;

b. Seeing that all notices are duly given as required by law and the bylaws;

c. The safekeeping of the corporate books and records and seal of the Authority and affixing the seal of the Authority to all documents, execution of which on behalf of the Authority under its seal is duly authorized in accordance with the provisions of these bylaws;

d. Keeping on file at all times a complete copy of the bylaws of the Authority containing all amendments thereto, which copy shall always be open to the inspection by the public;

e. Performing all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the board of trustees. ONCA 13-41, eff. Apr. 23, 2013; ONCA 14-43, eff. May 30, 2014.