17B-2a-1106. Municipal services district board of trustees — Governance.
(1)
Notwithstanding any other provision of law regarding the membership of a special district board of trustees, the initial board of trustees of a municipal services district shall consist of the county legislative body.
a metro township for which the electors at an election under Section 10-2a-404 chose a metro township that is included in a municipal services district; or
(b)
a metro township that subsequently joins a municipal services district. See Utah Code 17B-2a-1102
Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(2)
(a)
If, after the initial creation of a municipal services district, an area within the district is incorporated as a municipality as defined in Section 10-1-104 and the area is not withdrawn from the district in accordance with Section 17B-1-502 or 17B-1-505, or an area within the municipality is annexed into the municipal services district in accordance with Section 17B-2a-1103, the district’s board of trustees shall be as follows:
(i)
subject to Subsection (2)(b), a member of that municipality’s governing body;
(ii)
one member of the county council of the county in which the municipal services district is located; and
(iii)
the total number of board members is not required to be an odd number.
(b)
A member described in Subsection (2)(a)(i) shall be:
(i)
for a municipality other than a metro township, designated by the municipal legislative body; and
(ii)
for a metro township, the mayor of the metro township or, during any period of time when the mayor is absent, unable, or refuses to act, the mayor pro tempore that the metro township council elects in accordance with Subsection 10-3b-503(4).
(3)
For a board of trustees described in Subsection (2), each board member’s vote is weighted using the proportion of the municipal services district population that resides:
(a)
for each member described in Subsection (2)(a)(i), within that member’s municipality; and
(b)
for the member described in Subsection (2)(a)(ii), within the unincorporated county.
(4)
The board may adopt a resolution providing for future board members to be appointed, as provided in Section 17B-1-304, or elected, as provided in Section 17B-1-306.
(5)
Notwithstanding Subsections 17B-1-309(1) or 17B-1-310(1), the board of trustees may adopt a resolution to determine the internal governance of the board.
(6)
The municipal services district and the county may enter into an agreement for the provision of legal services to the municipal services district.
