79.235.  Appointment of nonelected board members by mayor, when, certain cities. — 1.  Notwithstanding any other provision of law to the contrary, for any city of the fourth classification with fewer than three thousand inhabitants, if a statute or ordinance authorizes the mayor of such city to appoint a member of a nonelected board or commission, any requirement that the appointed person be a resident of the city shall be deemed satisfied if the person owns real property or a business in the city, regardless of whether the position to which the appointment is made is considered an officer of the city under section 79.250.

  2.  Notwithstanding any other provision of law to the contrary, for any city of the fourth classification with fewer than three thousand inhabitants, if a statute or ordinance authorizes the mayor of such city to appoint a member of a nonelected board that manages a municipal utility of the city, any requirement that the appointed person be a resident of the city shall be deemed satisfied if all of the following conditions are met:

  (1)  The board has no authority to set utility rates or to issue bonds;

  (2)  The person resides within five miles of the city limits;

  (3)  The person owns real property or a business in the city;

  (4)  The person or the person's business is a customer of a public utility, as described under section 91.450, managed by the board; and

  (5)  The person has no pecuniary interest in, and is not an employee or board member of, any utility or other entity that offers the same kind of service as the utility managed by the board.

  3.  The provisions of this section shall not apply to any city within a county with more than one million inhabitants.