Utah Code 17B-2a-905. Service area board of trustees

17B-2a-905. Service area board of trustees.

(1)

Terms Used In Utah Code 17B-2a-905

Bond: means :

(a)	a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and

(b)

a lease agreement, installment purchase agreement, or other agreement that:

(i)	includes an obligation by the district to pay money; and

(ii)

the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102

County legislative body: means :Utah Code 68-3-12.5

Municipal: means of or relating to a municipality. See Utah Code 17B-1-102

Municipality: means a city, town, or metro township. See Utah Code 17B-1-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102

Unincorporated: means not included within a municipality. See Utah Code 17B-1-102

(a)

Except as provided in Subsection (2), (3), or (4):

(i)

the initial board of trustees of a service area located entirely within the unincorporated area of a single county may, as stated in the petition or resolution that initiated the process of creating the service area:

(A)	consist of the county legislative body;

(B)	be appointed, as provided in Section 17B-1-304; or

(C)	be elected, as provided in Section 17B-1-306;

(ii)	if the board of trustees of a service area consists of the county legislative body, 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; and

(iii)

members of the board of trustees of a service area shall be elected, as provided in Section 17B-1-306, if:

(A)	the service area is not entirely within the unincorporated area of a single county;

(B)

a petition is filed with the board of trustees requesting that board members be elected, and the petition is signed by registered voters within the service area equal in number to at least 10% of the number of registered voters within the service area who voted at the last gubernatorial election; or

(C)	an election is held to authorize the service area’s issuance of bonds.

(b)

If members of the board of trustees of a service area are required to be elected under Subsection (1)(a)(iii)(C) because of a bond election:

(i)	board members shall be elected in conjunction with the bond election;

(ii)

the board of trustees shall:

(A)	establish a process to enable potential candidates to file a declaration of candidacy sufficiently in advance of the election; and

(B)	provide a ballot for the election of board members separate from the bond ballot; and

(iii)

except as provided in this Subsection (1)(b), the election shall be held as provided in Section 17B-1-306.

(2)

(a)

This Subsection (2) applies to a service area created on or after May 5, 2003, if:

(i)

the service area was created to provide:

(A)	fire protection, paramedic, and emergency services; or

(B)	law enforcement service;

(ii)	in the creation of the service area, an election was not required under Subsection 17B-1-214(3)(d); and

(iii)

the service area is not a service area described in Subsection (3).

(b)

(i)	Each county with unincorporated area that is included within a service area described in Subsection (2)(a), whether in conjunction with the creation of the service area or by later annexation, shall appoint up to three members to the board of trustees.

(ii)

Each municipality with an area that is included within a service area described in Subsection (2)(a), whether in conjunction with the creation of the service area or by later service area annexation or municipal incorporation or annexation, shall appoint one member to the board of trustees, unless the area of the municipality is withdrawn from the service area.

(iii)

Each member that a county or municipality appoints under Subsection (2)(b)(i) or (ii) shall be an elected official of the appointing county or municipality, respectively.

(c)	Notwithstanding Subsection 17B-1-302(4), the number of members of a board of trustees of a service area described in Subsection (2)(a) shall be the number resulting from application of Subsection (2)(b).

(3)

(a)

This Subsection (3) applies to a service area created on or after May 14, 2013, if:

(i)	the service area was created to provide fire protection, paramedic, and emergency services;

(ii)	in the creation of the service area, an election was not required under Subsection 17B-1-214(3)(d); and

(iii)

each municipality with an area that is included within the service area or county with unincorporated area, whether in whole or in part, that is included within a service area is a party to an agreement:

(A)	entered into in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, with all the other municipalities or counties with an area that is included in the service area;

(B)	to provide the services described in Subsection (3)(a)(i); and

(C)	at the time a resolution proposing the creation of the service area is adopted by each applicable municipal or county legislative body in accordance with Subsection 17B-1-203(1)(d).

(b)

(i)	Each county with unincorporated area, whether in whole or in part, that is included within a service area described in Subsection (3)(a), whether in conjunction with the creation of the service area or by later annexation, shall appoint one member to the board of trustees.

(ii)	Each municipality with an area that is included within a service area described in Subsection (3)(a), whether in conjunction with the creation of the service area or by later annexation, shall appoint one member to the board of trustees.

(iii)

Each member that a county or municipality appoints under Subsection (3)(b)(i) or (ii) shall be an elected official of the appointing county or municipality, respectively.

(iv)	A vote by a member of the board of trustees may be weighted or proportional.

(c)	Notwithstanding Subsection 17B-1-302(4), the number of members of a board of trustees of a service area described in Subsection (3)(a) is the number resulting from the application of Subsection (3)(b).

(4)

(a)

This Subsection (4) applies to a service area if:

(i)	the service area provides a service to a municipality in accordance with an agreement between the service area and the municipality in accordance with Title 11, Chapter 13, Interlocal Cooperation Act;

(ii)	the municipality is not included within the service area’s boundary;

(iii)

the governing body of the municipality petitions the service area to request authority to appoint one member of the board of trustees of the service area; and

(iv)	the service area board of trustees approves the petition.

(b)

The governing body of a municipality described in Subsection (4)(a) may appoint a member of a service area board of trustees as follows:

(i)

the governing body shall make the appointment in accordance with:

(A)	Section 17B-1-304; or

(B)	to fill a mid-term vacancy, Subsection 20A-1-512(1);

(ii)	the governing body may not appoint an individual who is not a registered voter residing within the municipality;

(iii)

the district boundary requirement in Subsection 17B-1-302(1) does not apply to the governing body’s appointee;

(iv)	the governing body and the service area board of trustees may not shorten the term of office of any member of the board due to the governing body’s appointment;

(v)	notwithstanding Subsection 17B-1-302(4), the number of members of the board of trustees of a service area described in Subsection (4)(a) may be odd or even; and

(vi)

if the number of members of a service area board of trustees is odd before the governing body’s appointment, the member that the governing body appoints may replace a member whose term is expiring or who otherwise leaves a vacancy on the board or, if no expiring term or vacancy exists:

(A)	the number of board members may temporarily be even, including the member that the governing body appoints, until an expiring term or vacancy exists that restores the board membership to an odd number; and

(B)	no appointing authority may fill the expiring term or vacancy that restores the board membership to an odd number.

(c)

(i)	The service area board of trustees may rescind the approval described in Subsection (4)(a) at any time.

(ii)	If the service area board of trustees rescinds the approval described in Subsection (4)(a) during the term of a board member that the governing body appointed, the appointee shall remain on the board for the remainder of the appointee’s term.

Amended by Chapter 108, 2019 General Session

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