17B-2a-404 - Improvement district board of trustees. - Utah Statutes

17B-2a-404. Improvement district board of trustees.
(1) As used in this section:
(a) "County district" means an improvement district that does not include within itsboundaries any territory of a municipality.
(b) "County member" means a member of a board of trustees of a county district.
(c) "Electric district" means an improvement district that was created for the purpose ofproviding electric service.
(d) "Included municipality" means a municipality whose boundaries are entirelycontained within but do not coincide with the boundaries of an improvement district.
(e) "Municipal district" means an improvement district whose boundaries coincide withthe boundaries of a single municipality.
(f) "Regular district" means an improvement district that is not a county district, electricdistrict, or municipal district.
(g) "Remaining area" means the area of a regular district that:
(i) is outside the boundaries of an included municipality; and
(ii) includes the area of an included municipality whose legislative body elects, underSubsection (4)(a)(ii), not to appoint a member to the board of trustees of the regular district.
(h) "Remaining area member" means a member of a board of trustees of a regular districtwho is appointed, or, if applicable, elected to represent the remaining area of the district.
(2) The legislative body of the municipality included within a municipal district may:
(a) elect, at the time of the creation of the district, to be the board of trustees of thedistrict; and
(b) adopt at any time a resolution providing for:
(i) the election of board of trustees members, as provided in Section 17B-1-306; or
(ii) the appointment of board of trustees members, as provided in Section 17B-1-304.
(3) The legislative body of a county whose unincorporated area is partly or completelywithin a county district may:
(a) elect, at the time of the creation of the district, to be the board of trustees of thedistrict; and
(b) adopt at any time a resolution providing for:
(i) the election of board of trustees members, as provided in Section 17B-1-306; or
(ii) the appointment of board of trustees members, as provided in Section 17B-1-304.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), the legislative body of eachincluded municipality shall each appoint one member to the board of trustees of a regular district.
(ii) The legislative body of an included municipality may elect not to appoint a memberto the board under Subsection (4)(a)(i).
(b) Except as provided in Subsection (5), the legislative body of each county whoseboundaries include a remaining area shall appoint all other members to the board of trustees of aregular district.
(5) Each remaining area member of a regular district and each county member of acounty district shall be elected, as provided in Section 17B-1-306, if:
(a) the petition or resolution initiating the creation of the district provides for remainingarea or county members to be elected;
(b) the district holds an election to approve the district's issuance of bonds;
(c) for a regular district, an included municipality elects, under Subsection (4)(a)(ii), not

to appoint a member to the board of trustees; or
(d) (i) at least 90 days before the municipal general election, a petition is filed with thedistrict's board of trustees requesting remaining area members or county members, as the casemay be, to be elected; and
(ii) the petition is signed by registered voters within the remaining area or county district,as the case may be, equal in number to at least 10% of the number of registered voters within theremaining area or county district, respectively, who voted in the last gubernatorial election.
(6) Subject to Section 17B-1-302, the number of members of a board of trustees of aregular district shall be:
(a) the number of included municipalities within the district, if:
(i) the number is an odd number; and
(ii) the district does not include a remaining area;
(b) the number of included municipalities plus one, if the number of includedmunicipalities within the district is even; and
(c) the number of included municipalities plus two, if:
(i) the number of included municipalities is odd; and
(ii) the district includes a remaining area.
(7) (a) Except as provided in Subsection (7)(b), each remaining area member of theboard of trustees of a regular district shall reside within the remaining area.
(b) Notwithstanding Subsection (7)(a) and subject to Subsection (7)(c), each remainingarea member shall be chosen from the district at large if:
(i) the population of the remaining area is less than 5% of the total district population; or
(ii) (A) the population of the remaining area is less than 50% of the total districtpopulation; and
(B) the majority of the members of the board of trustees are remaining area members.
(c) Application of Subsection (7)(b) may not prematurely shorten the term of anyremaining area member serving the remaining area member's elected or appointed term on May11, 2010.
(8) If the election of remaining area or county members of the board of trustees isrequired because of a bond election, as provided in Subsection (5)(b):
(a) a person may file a declaration of candidacy if:
(i) the person resides within:
(A) the remaining area, for a regular district; or
(B) the county district, for a county district; and
(ii) otherwise qualifies as a candidate;
(b) the board of trustees shall, if required, provide a ballot separate from the bondelection ballot, containing the names of candidates and blanks in which a voter may writeadditional names; and
(c) the election shall otherwise be governed by Title 20A, Election Code.
(9) (a) (i) This Subsection (9) applies to the board of trustees members of an electricdistrict.
(ii) Subsections (2) through (8) do not apply to an electric district.
(b) The legislative body of the county in which an electric district is located may appointthe initial board of trustees of the electric district as provided in Section 17B-1-304.
(c) After the initial board of trustees is appointed as provided in Subsection (9)(b), each

member of the board of trustees of an electric district shall be elected by persons using electricityfrom and within the district.
(d) Each member of the board of trustees of an electric district shall be a user ofelectricity from the district and, if applicable, the division of the district from which elected.
(e) The board of trustees of an electric district may be elected from geographic divisionswithin the district.
(f) A municipality within an electric district is not entitled to automatic representation onthe board of trustees.

Amended by Chapter 121, 2010 General Session