17B-2a-604 - Metropolitan water district board of trustees.
17B-2a-604. Metropolitan water district board of trustees.
(1) Members of the board of trustees of a metropolitan water district shall be:
(a) elected in accordance with:
(i) the petition or resolution that initiated the process of creating the metropolitan waterdistrict; and
(ii) Section 17B-1-306;
(b) appointed in accordance with Subsection (2); or
(c) elected under Subsection (3)(a).
(2) (a) This Subsection (2) shall apply to an appointed board of trustees of a metropolitanwater district.
(b) If a district contains the area of a single municipality:
(i) the legislative body of that municipality shall appoint each member of the board oftrustees; and
(ii) one member shall be the officer with responsibility over the municipality's watersupply and distribution system, if the system is municipally owned.
(c) If a district contains some or all of the retail water service area of more than onemunicipality:
(i) the legislative body of each municipality shall appoint the number of members for thatmunicipality as determined under Subsection (2)(c)(ii);
(ii) subject to Subsection (2)(c)(iii), the number of members appointed by eachmunicipality shall be determined:
(A) by agreement between the metropolitan water district and the municipalities, subjectto the maximum stated in Subsection 17B-1-302(2); or
(B) as provided in Chapter 1, Part 3, Board of Trustees; and
(iii) at least one member shall be appointed by each municipality.
(d) Each trustee shall be appointed without regard to partisan political affiliations fromamong citizens of the highest integrity, attainment, competence, and standing in the community.
(3) (a) Members of the board of trustees of a metropolitan water district shall be electedin accordance with Section 17B-1-306, if, subject to Subsection (3)(b):
(i) three-fourths of all members of the board of trustees of the metropolitan water districtvote in favor of changing to an elected board; and
(ii) the legislative body of each municipality that appoints a member to the board oftrustees adopts a resolution approving the change to an elected board.
(b) A change to an elected board of trustees under Subsection (3)(a) may not shorten theterm of any member of the board of trustees serving at the time of the change.
(4) A member of the board of trustees of a metropolitan water district shall be:
(a) a registered voter;
(b) a property taxpayer; and
(c) a resident of:
(i) the metropolitan water district; and
(ii) the retail water service area of the municipality that:
(A) elects the member; or
(B) the member is appointed to represent.
(5) (a) Except as provided in Subsection (7), a member shall immediately forfeit themember's seat on the board of trustees if the member becomes elected or appointed to office in or
becomes an employee of the municipality whose legislative body appointed the member underSubsection (2).
(b) The position of the member described in Subsection (5)(a) is vacant until filled asprovided in Section 17B-1-304.
(6) Except as provided in Subsection (7), the term of office of each member of the boardof trustees is as provided in Section 17B-1-303.
(7) Subsections (4), (5)(a), and (6) do not apply to a member who is a member underSubsection (2)(b)(ii).
Amended by Chapter 159, 2010 General Session