17D-4-202. Public infrastructure district board — Governing document.
(1)
The legislative body or board of the creating entity shall appoint the members of the board of a public infrastructure district, in accordance with the governing document.
Terms Used In Utah Code 17D-4-202
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Board: means the board of trustees of a public infrastructure district. See Utah Code 17D-4-102
Creating entity: means the county, municipality, or development authority that approves the creation of a public infrastructure district. See Utah Code 17D-4-102
Development authority: means :
(a)
the Utah Inland Port Authority created in Section 11-58-201;
(b)
the Point of the Mountain State Land Authority created in Section 11-59-201; or
Division: means a division of a public infrastructure district:
(a)
that is relatively equal in number of eligible voters or potential eligible voters to all other divisions within the public infrastructure district, taking into account existing or potential developments which, when completed, would increase or decrease the population within the public infrastructure district; and
Governing document: means the document governing a public infrastructure district to which the creating entity agrees before the creation of the public infrastructure district, as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and this chapter. See Utah Code 17D-4-102
Unless otherwise limited in the governing document and except as provided in Subsection (2)(b), the initial term of each member of the board is four years.
(b)
Notwithstanding Subsection (2)(a), approximately half of the members of the initial board shall serve a six-year term so that, after the expiration of the initial term, the term of approximately half the board members expires every two years.
(c)
A board may elect that a majority of the board serve an initial term of six years.
(d)
After the initial term, the term of each member of the board is four years.
(3)
(a)
Notwithstanding Subsection 17B-1-302(1)(b), a board member is not required to be a resident within the boundaries of the public infrastructure district if:
(i)
all of the surface property owners consent to the waiver of the residency requirement;
(ii)
there are no residents within the boundaries of the public infrastructure district;
(iii)
no qualified candidate timely files to be considered for appointment to the board; or
(iv)
no qualified individual files a declaration of candidacy for a board position in accordance with Subsection 17B-1-306(5).
(b)
Except under the circumstances described in Subsection (3)(a)(iii) or (iv), the residency requirement in Subsection 17B-1-302(1)(b) is applicable to any board member elected for a division or board position that has transitioned from an appointed to an elected board member in accordance with this section.
(c)
An individual who is not a resident within the boundaries of the public infrastructure district may not serve as a board member unless the individual is:
(i)
an owner of land or an agent or officer of the owner of land within the boundaries of the public infrastructure district; and
(ii)
a registered voter at the individual’s primary residence.
(4)
(a)
A governing document may provide for a transition from legislative body appointment under Subsection (1) to a method of election by registered voters based upon milestones or events that the governing document identifies, including a milestone for each division or individual board position providing that when the milestone is reached:
(i)
for a division, the registered voters of the division elect a member of the board in place of an appointed member at the next municipal general election for the board position; or
(ii)
for an at large board position established in the governing document, the registered voters of the public infrastructure district elect a member of the board in place of an appointed member at the next municipal general election for the board position.
(b)
Regardless of whether a board member is elected under Subsection (4)(a), the position of each remaining board member shall continue to be appointed under Subsection (1) until the member’s respective division or board position surpasses the density milestone described in the governing document.
(5)
(a)
Subject to Subsection (5)(c), the board may, in the board’s discretion but no more frequently than every four years, reestablish the boundaries of each division so that each division that has reached a milestone specified in the governing document, as described in Subsection (4)(a), has, as nearly as possible, the same number of eligible voters.
(b)
In reestablishing division boundaries under Subsection (5)(a), the board shall consider existing or potential developments within the divisions that, when completed, would increase or decrease the number of eligible voters within the division.
(c)
The governing document may prohibit the board from reestablishing, without the consent of the creating entity, the division boundaries as described in Subsection (5)(a).
(6)
A public infrastructure district may not compensate a board member for the member’s service on the board under Section 17B-1-307 unless the board member is a resident within the boundaries of the public infrastructure district.
(7)
A governing document shall:
(a)
include a boundary description and a map of the public infrastructure district;
(b)
state the number of board members;
(c)
describe any divisions of the public infrastructure district;
(d)
establish any applicable property tax levy rate limit for the public infrastructure district;
(e)
establish any applicable limitation on the principal amount of indebtedness for the public infrastructure district; and
(f)
include other information that the public infrastructure district or the creating entity determines to be necessary or advisable.
(8)
(a)
Except as provided in Subsection (8)(b), the board and the governing body of the creating entity may amend a governing document by each adopting a resolution that approves the amended governing document.
(b)
Notwithstanding Subsection (8)(a), any amendment to a property tax levy rate limitation requires the consent of:
(i)
100% of surface property owners within the boundaries of the public infrastructure district; and
(ii)
100% of the registered voters, if any, within the boundaries of the public infrastructure district.
(9)
A board member is not in violation of Section 67-16-9 if the board member:
(a)
discloses a business relationship in accordance with Sections 67-16-7 and 67-16-8 and files the disclosure with the creating entity:
(i)
before any appointment or election; and
(ii)
upon any significant change in the business relationship; and
(b)
conducts the affairs of the public infrastructure district in accordance with this title and any parameters described in the governing document.
(10)
Notwithstanding any other provision of this section, the governing document governs the number, appointment, and terms of board members of a public infrastructure district created by the development authority.
Amended by Chapter 64, 2021 General Session Renumbered and Amended by Chapter 314, 2021 General Session Amended by Chapter 415, 2021 General Session
