2006 Utah Code - 17A-2-1326 — Administrative control board -- Powers -- Compensation.

     17A-2-1326.   Administrative control board -- Powers -- Compensation.
     (1) (a) The legislative body of a municipality or county that has established a special service district may, by resolution adopted at the time of the establishment or at any time afterwards, create an administrative control board for the special service district.
     (b) (i) Except as provided in Subsection (1)(f), each administrative control board shall consist of at least three and no more than seven persons.
     (ii) (A) If a county establishes a service district that includes all or part of one or more municipalities or one or more improvement districts organized under Title 17A, Chapter 2, Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, to provide the same service as the service district, the municipality or improvement district may appoint one member to represent it on any administrative control board created.
     (B) A member appointed under Subsection (1)(b)(ii)(A) may, but need not, be a qualified elector of the service district.
     (c) (i) If a service district is providing commodities, services, or facilities to an institution of higher education, that institution may appoint the number of members necessary to assure that it has at least 1/3 of the total of the board members to represent it on the board.
     (ii) Members appointed under Subsection (1)(c)(i) may, but need not, be qualified electors of the service district.
     (d) The number of members of the administrative control board shall be increased by the number of improvement district, municipal, or institution of higher education members appointed.
     (e) (i) Except as provided in Subsections (1)(b)(ii)(B), (c)(ii), and (e)(ii), each member of an administrative control board shall be a qualified elector of the service district.
     (ii) A member of an administrative control board may be other than a qualified elector of the service district if at least 90% of the owners of property located within the service district are not qualified electors of the service district.
     (f) Notwithstanding Subsection (1)(b), each administrative control board of a special service district that provides jail services as provided in Subsection 17A-2-1304(1)(a)(x) shall consist of nine members, three of whom shall be selected from a list of at least six recommendations from the county sheriff, three of whom shall be selected from a list of at least six recommendations from the municipalities within the county, and three of whom shall be selected from a list of at least six recommendations from the county executive.
     (2) Members of the administrative control board other than improvement district, municipal, or institution of higher education members shall be either appointed or elected as provided in Title 17A, Chapter 1, Part 3, Special District Board Selection Procedures.
     (3) (a) If a service district was established to provide either water or sewerage service or both, the governing authority may by resolution adopted at or after the time of establishment, or if the service district was established before March 29, 1983, or within 90 days after that date, create an administrative control board according to Subsection (1).
     (b) A resolution creating a service district for water or sewerage purposes adopted under Section 17A-2-1305 after March 29, 1983, shall identify all existing water and sewerage districts within the area of the proposed service district.
     (4) (a) One-half of the members initially elected or appointed shall serve two-year terms and 1/2 shall serve four year terms.
     (b) The initial terms shall be determined by lot.

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     (5) (a) The legislative body of the municipality or county that established the service district may, by resolution, delegate any of its powers to the administrative control board, including the power to act as the governing authority of the service district and to exercise all or any of the powers provided for in Sections 17A-2-1314, 17A-2-1316, 17A-2-1320, and 17A-2-1321.
     (b) Notwithstanding anything to the contrary in this part, the legislative body of the municipality or county may not delegate the power to:
     (i) levy a tax on the taxable property of the service district;
     (ii) issue bonds payable from taxes;
     (iii) call or hold an election for the authorization of the tax or bonds;
     (iv) levy assessments;
     (v) issue interim warrants or bonds payable from those assessments; or
     (vi) appoint a board of equalization under Section 17A-3-217 or Section 17A-3-317.
     (6) The county or municipal legislative body that created the district may revoke in whole or in part any power or authority delegated to an administrative control board or other officers or employees.
     (7) Administrative control board members may receive compensation and reimbursement of expenses as provided in Section 17B-2-404 to the same extent as if they were members of a board of trustees of a local district.
     (8) If a county legislative body establishes an administrative control board under this section for a special service district that provides jail service as provided in Subsection 17A-2-1304(1)(a)(x), the administrative control board may review and approve any amount charged to the special service district as reimbursement to the county for services provided under Subsection 17A-2-1314(1)(g) before the amount is included in the special service district budget.

Amended by Chapter 83, 2006 General Session