(a)
(1) Any city of the first class in which it is desired to establish such a utility commission, by a majority vote of the city council, shall enact an ordinance creating a commission to be composed of five (5) citizens who are qualified electors of the county and not less than thirty-five (35) years of age.
(2) The ordinance, resolution, or other action creating a commission shall specifically state that the commission is created pursuant to this subchapter.
(b) The commissioners shall be appointed by the mayor and confirmed by a two-thirds vote of the city council.
(c) A member of the commission shall not be an officer, director, or employee of a private utility company.
(d)
(1) There shall be five (5) positions on the commission.
(2) The person appointed to:
(A) Position number one (1) shall serve for a term of one (1) year;
(B) Position number two (2) shall serve for a term of two (2) years;
(C) Position number three (3) shall serve for a term of three (3) years;
(D) Position number four (4) shall serve for a term of four (4) years; and
(E) Position number five (5) shall serve for a term of five (5) years.
(3) Successor members shall be appointed for a term of five (5) years.
(e) All vacancies occurring in the membership of the commission due to death, resignation, or other causes shall be filled by the mayor appointing a person to fill the unexpired term of the membership so vacated, subject to the approval of two-thirds (2/3) of the city council.
(f) Successors to members of the commission whose terms have expired or who fill the unexpired portion of a term shall be appointed by the mayor, subject to the approval of two-thirds (2/3) of the city council.