2006 Utah Code - 17A-2-305 — Board of trustees -- Creation -- Appointment and election of members -- Qualifications.

     17A-2-305.   Board of trustees -- Creation -- Appointment and election of members -- Qualifications.
     (1) (a) Except as provided in Subsection (3), the governing body of each district created under this part, except a district that has boundaries that coincide with the boundaries of an incorporated municipality, shall consist of a board of trustees created as provided in this Subsection (1).
     (b) (i) If a district is created that does not include property within the boundaries of an incorporated municipality, the county legislative body of the initiating county may, in the initial resolution creating the district, declare that the county legislative body of that county act as the trustees of the district.
     (ii) When the county legislative body of the county is designated as the trustees of the district, they may:
     (A) exercise all the powers, authority, and responsibility vested in the trustees under this chapter; and
     (B) use any existing county offices, officers, or employees for the purposes of the district.
     (iii) The county legislative body shall charge the district a reasonable amount for the services rendered to the district by the county officers, offices, and employees, other than the county legislative body, to the county treasurer for the general fund of the county.
     (c) (i) At any time after creation of a district under this part, the county legislative body of the initiating county may by resolution determine that the interests of the district would be best served by the appointment of a board of trustees.
     (ii) The trustees shall be appointed by the county legislative body according to the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
     (d) The county legislative body shall hold an election for trustees as provided in Chapter 1, Part 3, Special District Board Selection Procedures, when:
     (i) a petition requesting an election for trustees is filed with the county legislative body at least 30 days before the date set for a bond election or 90 days before the date set for the November municipal elections; and
     (ii) the petition is signed by at least 10% of the people eligible to vote on a bond issue in the district.
     (2) In the resolution creating the district, the county legislative body of the initiating county may appoint a board of trustees according to the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures, to serve until the election and qualification of the successors as provided in this part.
     (3) (a) If the district is created for the purpose of providing electric service, the requirements of this Subsection (3) supersede any contrary provision in this part.
     (i) The initial board of trustees may be appointed by the county legislative body until the election and qualification of successors as provided in this Subsection (3).
     (ii) The board of trustees shall subsequently be elected by the persons using electricity within the district.
     (iii) In addition to the qualifications enumerated in this section, each member of the board of trustees shall be a resident of the district and a user of electricity from the district.
     (iv) The board of trustees may be elected according to geographic areas within the district.
     (v) A municipality within the district is not entitled to automatic representation on the

board of trustees.
     (b) All proceedings that have taken place in connection with the organization of the board of trustees of an electric service district are considered valid and binding despite any failure to comply with the provisions of this section if the electric service district was created or purported to be created under this part before April 28, 1986.
     (c) The county legislative body of the initiating county may, in the initial resolution creating an electric service district, set the boundaries of the geographic areas which each trustee will represent.
     (4) (a) (i) Each incorporated municipality that is contained entirely within, but does not coincide with, the boundaries of the district shall be represented on the board as provided in this Subsection (4)(a).
     (ii) The legislative body of each municipality or, if municipalities are combined under Subsection (4)(a)(iii)(B), the legislative bodies of those combined municipalities, shall appoint a member by following the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
     (iii) (A) Except as provided in Subsection (4)(a)(iii)(B) and subject to Subsection 17B-2-402(1), if two or more incorporated municipalities are entitled to representation on the board of trustees, the number of members of the board of trustees shall be increased to the lowest odd number greater than the number of those municipalities.
     (B) (I) If the number of municipalities plus the number of board members under Subsection (4)(b) exceeds nine, then, except as provided in Subsection (4)(a)(iii)(B)(II), the number of trustees shall be nine and the least populated municipalities shall be combined for purposes of representation to the extent necessary to result in nine trustees.
     (II) Application of Subsection (4)(a)(iii)(B)(I) may not cause a municipality to lose its separate representation on the board until the end of the term of the board member who represents only that municipality.
     (b) (i) Except as provided in Subsection (4)(b)(ii), the members of the board of trustees who are not appointed from a municipality under Subsections (4)(a)(i) and (ii) shall reside within the district but outside the boundaries of each municipality that has the right to appoint a member to the board of trustees.
     (ii) Notwithstanding Subsection (4)(b)(i), if the population in the unincorporated part of the district is less than 5% of the total district population, the members of the board of trustees who are not appointed from a municipality under Subsections (4)(a)(i) and (ii) shall be chosen from the district at large.
     (c) (i) If the boundaries of the newly created district coincide with the boundaries of an incorporated municipality, the legislative body of the municipality shall be the board of trustees for the district.
     (ii) When the municipal legislative body serves as the board of trustees:
     (A) they shall maintain separate minutes, accounts, and other records of the affairs of the district;
     (B) they may use the existing facilities and personnel of the municipality to administer district affairs;
     (C) notwithstanding Subsections 17B-2-403(1) and (2), their terms coincide with their terms as officials of those municipalities; and
     (D) they represent the district at large.

---

     (d) If there is no elected board of trustees for the unincorporated county at the time of the first bond election, election of members of the board of trustees who are not appointed as representatives of municipalities shall be held at the time the bond election is held.
     (e) Candidates for election to the board of trustees shall be taxpayers and qualified voters in the district.
     (f) Subject to Subsection (4) (b)(ii), a registered voter in the district outside of an incorporated municipality that has the right to appoint a member to the board of trustees may file a signed statement announcing as a candidate to be one of the first elected trustees of the district with the county clerk within 30 days after the board of trustees has entered an order calling the bond election, but not less than 15 days before the election.
     (g) The board of trustees, in calling the bond election, shall provide a separate ballot, if required, that contains the names of the candidates and blanks in which the voters may write in additional names.
     (h) Each voter at the election may vote for three persons, or a lesser number qualified to represent the area outside the corporate limits of any incorporated municipality that has the right to appoint a member to the board of trustees, if some members of the board of trustees of the improvement district are appointed by a municipality or incorporated area.
     (i) The three persons, or a lesser number qualified as provided in this section, receiving the highest number of votes at the election are members of the board of trustees, together with those members appointed by an incorporated municipality.
     (j) As a member of the board of trustees, each representative may vote on all questions, orders, resolutions, and ordinances coming before the board.
     (k) In voting on the election of trustees, all qualified voters in the district outside the corporate limits of any incorporated municipality that has the right to appoint a member to the board of trustees may vote.
     (l) Following the election or appointment of the first trustees, any elected trustee shall be elected according to the procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
     (5) This section is subject to the provisions of Section 17A-2-327.

Amended by Chapter 254, 2000 General Session