§ 32-1-603 — Procedure after consolidation election

(1) After the election
approving the consolidated district, the members of the board of each of the
special districts consolidated or having services consolidated into the consolidated
district shall constitute the organizational board of the consolidated district,
regardless of the number of directors thereof. This organizational board shall
remain as the board of the consolidated district until such time as the first board of
the consolidated district is selected as provided in this section.

(2) The organizational board, within six months after the date of the
consolidation election, shall:

(a) (I) If the board of the consolidated district is to have five directors,
determine the terms of the directors of the first board as provided in paragraph (b)
of this subsection (2); or

(II) If the board of the consolidated district is to have seven directors, divide
the consolidated district into seven director districts, each of which shall have, as
nearly as possible, the same number of eligible electors and which shall be as
contiguous and compact as possible, and determine the terms of the directors of
the first board as provided in paragraph (b) of this subsection (2). In making the
division, the board shall consider existing or potential developments within the
proposed director districts which when completed would, in the reasonably near
future, increase or decrease the number of eligible electors within the director
district. The organizational board shall then select from its members a
representative of each director district, and, if possible, the representatives shall be
eligible electors within the boundaries of the director district which they are
selected to represent. Thereafter, directors shall be eligible electors of the director
district which they represent.

(b) Determine the terms of the directors of the first board of the
consolidated district. In making the determination, the organizational board shall fix
the terms of the first board as follows: The terms of two directors, if there are five
directors, or three directors, if there are seven directors, of the first board having
the fewest years to serve on the board to which they were originally elected shall
expire at the first regular special district election after the date of order of the
court as provided in subsection (4) of this section; and the terms of the remaining
three directors, if there are five directors, or the remaining four directors, if there
are seven directors, having the greatest number of years to serve on the board to
which they were originally elected shall expire at the second regular special district
election. If the terms of the directors so selected to the first board of the
consolidated district expire on the same date, the terms of the directors shall be
determined by the organizational board. The terms shall be determined, however, so
that two or three directors, as applicable, shall have terms expiring in two years and
three or four directors, as applicable, shall have terms expiring in four years.
Thereafter, each board member shall have a term of four years.

(c) Determine the amount of bond for each director of the consolidated
district, which amount shall not be less than one thousand dollars per director and
may be an individual, schedule or blanket bond at the expense of the consolidated
district, and fix the amount of the treasurer's bond in an amount not less than five
thousand dollars, which bonds are conditioned upon the faithful performance of
their duties.

(3) After making such determinations, the organizational board shall
promptly file in the court having jurisdiction as provided in section 32-1-602 (2)(c) a
petition stating the name of the consolidated district, the name and address of each
member of the first board of the consolidated district, the term of each member
thereof, the amount of the surety bonds fixed in accordance with this section, and a
description of the director districts, if any, of the consolidated district. Such petition
shall also have attached to it photocopies or duplicates of the bonds duly certified
by the insurance or surety company issuing the bonds, the originals of which bonds
shall be retained in the files of the consolidated district.

(4) The court, upon the filing of such petition, if satisfied that the allegations
therein are true, shall enter an order ex parte stating the name of the consolidated
district, the name and address of each member of the first board of the
consolidated district, a description of the director districts, if any, of the
consolidated district, a description of the total consolidated district, any conditions
that may attach to the consolidated district if services are consolidated, a
description of the specified services to be provided by such district, and the term of
office of each member of the board of the consolidated district, and, at the same
time, the court shall approve or disapprove the bond or bonds attached to the
petition. This order shall be forthwith recorded in the office of the county clerk and
recorder in each county wherein the consolidated district is organized, and notice of
such action shall be given in accordance with the provisions of section 32-1-105.

(5) The members of the first board named in the order of court as provided in
subsection (4) of this section, upon taking the oath of office, shall constitute the
board of the consolidated district. The board shall elect one of its members as
chairman of the board and president of the consolidated district, one of its
members as treasurer of the board and the consolidated district, and a secretary of
the board and the consolidated district who may be a member of the board. The
secretary and the treasurer may be one person, but, if such is the case, he shall be a
member of the board.

Legislative History

Source: L. 81: Entire article R&RE, p. 1565, � 1, effective July 1. L. 85: (1) and (4) amended, p. 1115, � 3, effective July 1; (2)(a)(II), (3), and (4) amended, p. 1084, � 3, effective July 1, 1986. L. 92: (2)(a) and (2)(b) amended, p. 880, � 113, effective January 1, 1993.