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5 AN ACT RELATING TO SPECIAL DISTRICTS; PROVIDING FOR MEMBERS OF THE
6 BOARD OF DIRECTORS OF A WATER CONSERVANCY DISTRICT TO BE ELECTED
7 RATHER THAN APPOINTED; MODIFYING SELECTION PROCEDURES TO REFLECT
8 ELECTION RATHER THAN APPOINTMENT; SUBJECTING WATER CONSERVANCY
9 DISTRICTS TO GENERAL PROVISIONS; AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 17A-1-301, as last amended by Chapter 30, Laws of Utah 1992
13 17A-2-1409, as last amended by Chapter 227, Laws of Utah 1993
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 17A-1-301 is amended to read:
16 17A-1-301. Exemptions.
17 This part does not apply to:
18 (1) public transit districts established under authority of Title 17A, Chapter 2, Part 10,
19 Utah Public Transit District Act;
23 8, Soil Conservation Districts;
25 Chapter 2, Part 12, Utah Neighborhood Development Act;
27 Part 8, Metropolitan Water District Act;
2 Chapter 3, Dependent Special Districts; and
4 of Title 17A, Chapter 2, Part 17, Hazardous Waste Facilities Management Act.
5 Section 2. Section 17A-2-1409 is amended to read:
6 17A-2-1409. Board of directors -- Number -- Qualifications -- Terms -- Election --
7 Surety bonds -- Meetings -- Reports.
21 (1) (a) In the decree establishing a district under this part, the court shall, subject to
22 Subsections (1)(b) and (c), establish the number and initial terms of directors for the district.
23 (b) Each board of directors shall consist of:
24 (i) except as provided in Subsection (1)(b)(ii), not more than 11 members; or
25 (ii) in a district consisting of five or more counties, not more than 21 members.
26 (c) (i) Members of a board of directors shall serve staggered terms of four years.
27 (ii) The term of approximately half the members of the initial board of directors shall
28 expire on January 1 of the next even-numbered year more than one year after their election.
29 (iii) The remainder of the members of the initial board of directors shall serve terms that
30 expire two years after the expiration of the term of members under Subsection (1)(c)(ii).
31 (d) (i) Within 60 days of the court decree establishing a district under this part, an election
1 shall be held for directors of the district by:
2 (A) in a district located within a single county, the clerk of that county; or
3 (B) in a district located within multiple counties, the clerks of those counties.
4 (ii) Each director elected under this Subsection (1)(d) shall be sworn in as soon as
5 practicable after the canvass of the election.
6 (e) Each member of a board of directors shall be a resident within the district.
7 (f) If substantial water is allocated for irrigated agriculture in the district, a qualification
8 of one director position, in addition to other director qualifications under this part or under Chapter
9 1, Part 3, is that the person shall own irrigation rights and use those rights as part of the person's
11 (g) Except as otherwise provided in this section, the election of each member of the board
12 of directors is governed by Section 17A-1-305.
13 (h) Until the initial board of directors is elected and sworn in, the clerk of each county in
14 which the district is located shall be the election officer for an election of board of director
15 members of the district.
16 (2) (a) Each appointed member serving on the board of directors of a district on May 5,
17 1997, shall continue to serve until the normal expiration of that member's term.
18 (b) (i) At the expiration of the term of an appointed member under Subsection (2)(a), the
19 person replacing that member shall be elected as provided in Section 17A-1-305.
20 (ii) The term of a person elected under Subsection (2)(b)(i) shall be adjusted, if necessary,
21 so that it is consistent with Subsections 17A-1-305(9) and (10).
22 (3) Each director shall furnish a corporate surety bond at the expense of the district, in
23 amount and form fixed and approved by the court, conditioned for the faithful performance of his
24 duties as a director.
25 (4) (a) An annual meeting of the board of directors shall be held on a date to be fixed by
26 the court in the order incorporating the district. The board shall also hold special meetings at least
28 (b) A report of the business transacted during the preceding year by the district, including
29 a financial report prepared by certified public accountants, shall be filed with:
30 (i) the clerk of the district court;
31 (ii) the governing bodies of counties with lands within the district; and
1 (iii) cities [
2 (c) No more than 14 days and no less than five days prior to the annual meeting, the
3 district shall have published at least once in a newspaper having general circulation within the
5 (i) a notice of the annual meeting; and
6 (ii) the names of the directors.
7 (d) The district shall have published a summary of its financial report in a newspaper
8 having general circulation within the district. The summary shall be published no later than 30
9 days after the date the audit report required under Title 51, Chapter 2, Audits of Political
10 Subdivisions, Interlocal Organizations and Other Local Entities, is required to be filed with the
11 state auditor.
12 (e) Subsections (4)(c) and (d) do not apply to districts with annual revenues of less than
Legislative Review Note
as of 2-10-97 4:18 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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