2006 Utah Code - 17A-2-819 — Trustees -- Representation -- Voting -- Organization and membership -- Other provisions apply.

     17A-2-819.   Trustees -- Representation -- Voting -- Organization and membership -- Other provisions apply.
     (1) The board of trustees shall be designated and appointed by the legislative body or bodies, respectively, of a city or cities the area of which is within a metropolitan water district.
     (2) If the district is organized to comprise the area of two or more cities, the board of trustees shall consist of at least one representative from each municipality, the area of which shall lie within the metropolitan water district. As a member of the board of trustees, each representative may vote on all questions, orders, resolutions, and ordinances coming before the board, and may cast one vote for each $10,000,000, or major fractional part of that amount, of the taxable value of property taxable for district purposes in the city represented by the representative as shown by the assessment records of the county and evidenced by the certificate of the county auditor. Each city shall have at least one vote. In lieu of one representative any city may at its option designate and appoint several representatives not exceeding one additional representative for each $1,000,000 of taxable value, but the representative shall cast the vote to which the city would otherwise be entitled as a unit and as a majority of the representatives present determines. The affirmative vote of members representing more than 50% of the total number of votes of all the members shall be necessary and, except as otherwise provided, shall be sufficient to carry any order, resolution, or ordinance coming before the board of trustees. For the purposes of this section, the term "major fractional part" means a fractional part larger than 1/2.
     (3) The number of members of a board of trustees may not exceed the maximum number allowed under Subsection 17B-2-402(1).
     (4) Every member of the board of trustees of a metropolitan water district shall be a registered voter, a property taxpayer, and a resident of the municipality by the legislative body of which the member is appointed. In each municipality, the area of which is in a metropolitan water district, except in districts occupying the area of more than one city, one of the trustees appointed by its legislative body to the board of trustees shall be the commissioner of water supply and waterworks, or other comparable officer, however designated, who is in charge of the municipality's water supply and distribution system, if municipally owned, and who shall be known as the ex officio trustee. Except for the ex officio trustee, all other elected or appointed officers, or the employees of the municipality shall be ineligible for appointment to any district board; and except for the ex officio trustee, any member of the metropolitan water district board of trustees who at a time after appointment to the board becomes elected or appointed to office in, or who becomes an employee of, the municipality in which the member resides shall immediately become disqualified as a trustee and shall forfeit the office, and the legislative body of the municipality shall immediately appoint a successor to serve the unexpired portion of the term of office. The appointment of trustees by the legislative body of a municipality shall be made without regard to partisan political affiliations from among citizens of the highest integrity, attainment, competence, and standing in the community, and it is the intent of this part that each municipality shall adhere so far as possible to a policy of continuing reappointment, at the expiration of their terms of office, of trustees of high character and proven competence.
     (5) Except as to an ex officio trustee, the terms of office of members of the board of trustees are as provided in Section 17B-2-403.
     (6) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each metropolitan water district to the same extent as if the metropolitan water district were a local district under Title 17B, Chapter 2, Local Districts.

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     (b) (i) If a change in the number of board of trustees members is necessary to comply with the requirements of Subsection 17B-2-402(1), the board of trustees may by majority vote, notwithstanding Subsection 17B-2-402(3), change the number of board members to the next odd number higher or lower than the number of current board members.
     (ii) If a change under Subsection (7)(b)(i) decreases the number of board members, the change may not take effect until the expiration of the term of the member whose term next expires.
     (iii) If a change in the number of board members necessitated by Subsection 17B-2-402(1) would cause the district to violate a provision of bonds issued by the district, the number of board members may be modified to the extent necessary to avoid a violation.
     (c) (i) If a change in the expiration date of the term of a board of trustees member is necessary to comply with the requirements of Subsection 17B-2-403(1), the term of each board member whose term expires on a day other than the first Monday in January shall be extended to the first Monday in January after the normal expiration date.
     (ii) If a change in the length of the term of a board of trustees member is necessary to comply with the requirements of Subsection 17B-2-403(2), the change may not take effect until the expiration of the term of the member whose term length is to be changed.

Amended by Chapter 70, 2001 General Session