(1) All powers, rights, privileges, and duties
vested in or imposed upon any district organized under this part 5 shall be
exercised and performed by and through a board of directors; but the exercise of
any executive, administrative, and ministerial powers may be, by said board of
directors, delegated and redelegated to officials and employees of the district; and
the board of directors is authorized to create an executive committee of the board
of directors and to delegate to such committee all of such power and authority to
act on behalf of the district as the district board may determine by resolution or in
the bylaws of the district.
(2) (a) The members of the board from each municipality shall be appointed
by the executive of each such municipality with the approval of the governing body
of such municipality. In districts having eleven or more member municipalities, the
board shall consist of one member from each municipality included within the
district for each seventy-five thousand of population, or fraction thereof, in such
municipality, plus one member for each additional seventy-five thousand of
population, or fraction thereof, in any such municipality; except that no municipality
shall be entitled to more than one-half of the total membership or representation
upon the board; and further except that any municipality that has fifty percent or
more of the total population of the district shall have one-half of the total
membership or representation on the board. In districts having ten or less member
municipalities, the board shall consist of one member from each municipality
included within the district, plus two additional members for any municipality
having fifty percent of the total district population, plus one additional member for
any municipality having eighty percent of the total district population.
(b) In determining population for the purpose of apportioning and
reapportioning representation on the board of directors of the district, the
population of a city or of a city and county or of an incorporated town shall be the
latest estimate made by the division of planning.
(c) For the purpose of apportioning or reapportioning representation on the
board of directors, the population of a sanitation district, water and sanitation
district, or other political subdivision shall be determined by the governing body
thereof by multiplying by 2.8 either the number of single-family equivalent water
taps or the number of single-family equivalent sewer connections within the said
water and sanitation district or other political subdivision or by multiplying by 2.8
the number of single-family equivalent sewer connections within the said sanitation
district.
(d) The representation on the board shall be reapportioned every four years
after the creation of a district in the month in which the division of local government
in the department of local affairs issued a certificate of organization in the year of
the district's organization upon the basis set forth in this subsection (2).
(e) After a district is organized, the inclusion thereafter of additional
municipalities within the district shall entitle the included municipalities to
representation on the board of directors of the district on the same basis as other
municipalities. Should the addition of such membership to the board result in a
municipality which has fifty percent or more of the population of the district having
less than fifty percent of the total membership or representation on the board of
directors, that municipality's representation shall be increased simultaneously so
that it shall have one-half of the total membership or representation on said board.
This paragraph (e) shall not apply to districts having, after the addition of such
municipality, ten or less municipalities.
(3) Board members shall be qualified electors who are qualified to vote at
general elections in this state and who reside within the district and within the
municipality from which they are appointed. The term of each member shall be two
years; except that the terms of the members of the first board of directors shall be
adjusted so that the terms of one-half of the members shall expire one year
thereafter. In each calendar year any term of office then terminating shall expire as
soon as the incumbent's successor has been appointed and qualifies after the last
day of the month next following the month in which the division of local government
issued a certificate of organization in the year of the district's organization. At the
first meeting of the board of a newly formed district, the directors shall determine
by lot who shall serve for one-year terms and who shall serve for two-year terms. At
the expiration of a director's term a new appointment shall be made by the
appropriate executive, with the approval of the governing body, and any member
may be appointed to succeed himself. The executive, at his discretion, may remove
from office any member of the board representing his municipality and appoint a
successor with the approval of the governing body.
(4) A change of residence of a member of a board of directors to a place
outside the area which he represents shall constitute an automatic resignation and
shall create a vacancy on the board. Vacancies which occur on the board through
death or resignation or by change of residence or for any other reason shall be
filled in the same manner as original appointments.
(5) Upon the creation of a district the executive of each municipality within
the district shall appoint, with the approval of the governing body, the members of
the board of directors of said district to which such municipality is entitled and the
directors so appointed by the executive of the municipality which adopted the
initiating ordinance shall fix a time and place for the first meeting of the members
of the board of directors and shall cause each director to be given written notice
thereof at least five days prior thereto.
(6) All special and regular meetings of the board shall be open to the public.
Such meetings shall be held at locations which are within the boundaries of the
district or which are within the boundaries of any county in which the district is
located, in whole or in part, or in any county so long as the meeting location does
not exceed twenty miles from the district boundaries. The provisions of this
subsection (6) governing the location of meetings may be waived only if the
following criteria are met:
(a) The proposed change of location of a meeting of the board appears on
the agenda of a regular or special meeting of the board; and
(b) A resolution is adopted by the board stating the reason for which a
meeting of the board is to be held in a location other than under the provisions of
this subsection (6) and further stating the date, time, and place of such meeting.
(7) The board of directors has the following powers:
(a) To fix the time and place, or places, at which its regular meetings shall be
held and shall provide for the calling and holding of special meetings; to adopt
bylaws and rules for procedure; to select one of its members as chairman of the
board and district, and another member as pro tem chairman of the board and
district; and to choose a secretary and a treasurer of the board and district, each of
which positions may be filled by a person who is a member of the board and both of
which may be filled by one person;
(b) To make and pass resolutions and orders not repugnant to the provisions
of this part 5, necessary or proper for the government and management of the
affairs of the district, for the execution of the powers vested in the district, and for
carrying into effect the provisions of this part 5. On all resolutions and orders the
roll shall be called and the ayes and noes recorded. All resolutions and orders, as
soon as may be after their passage, shall be recorded in a book kept for that
purpose and be authenticated by the signature of the presiding officer of the board
of directors and the secretary. Every legislative act of the board or its executive
committee of a general or permanent nature shall be by resolution. The book of
resolutions and orders shall be a public record.
(c) Business of the board shall be transacted at a regular or special meeting
at which a quorum consisting of one-half of the total membership of the board of
directors is present. Any action of the board shall require the affirmative vote of the
majority of the directors present and voting, except when a weighted vote is
conducted in accordance with the bylaws of the district, applicable resolutions of
the board, or other laws or rules governing the procedures of the board. Questions
involving inclusion or exclusion of territories or authorizing any expenditures in
excess of fifty thousand dollars shall require the approval of a majority of the entire
membership of the board. A majority of the entire membership of the board may
authorize by resolution any project authorized in this part 5 and also thereby
authorize expenditures from time to time appertaining to such project in excess of
fifty thousand dollars approved by an affirmative vote of the majority of the
directors present and voting at any subsequent meeting. A smaller number of
directors than a quorum may adjourn from time to time and may compel the
attendance of absent members in such manner and under such penalties as the
board may provide.
(d) To fix the location of the principal place of business of the district and the
location of all offices and departments maintained under this part 5;
(e) To prescribe by resolution a system of business administration and to
create all necessary offices, and to establish and reestablish the powers and duties
and compensation of all officers and employees and to require and fix the amount
of all official bonds necessary for the protection of the funds and property of the
district;
(f) To prescribe a method of auditing and allowing or rejecting claims and
demands and a method for the letting of contracts on a fair and competitive basis
for the construction of works, structures, or equipment, or the performance or
furnishing of labor, materials, or supplies as required for the carrying out of any of
the purposes of this part 5;
(g) To designate and appoint an official newspaper within each county in
which the district or any portion thereof is situated to be used for the official
publications of the district; but nothing contained in this subsection (7) shall
prevent the board from directing publication in additional newspapers where public
necessity may so require. Any official newspaper so designated and appointed shall
be one which is published within the district.
(h) To appoint, by written resolution, one or more persons to act as
custodians of moneys of the district for purposes of depositing such moneys as set
forth in section 32-4-510 (1)(p). Such persons shall deposit, or cause to be
deposited, all or part of such moneys in such depositories as shall be designated by
the board and shall give surety bonds in such amounts and form and for such
purposes as the board requires.
(8) Each member of the board shall receive as compensation for his or her
service a sum not in excess of three thousand dollars per annum, payable at a rate
not to exceed seventy-five dollars for each regular or special meeting of the board
or committee of the board attended by the member. No member of the board shall
receive any compensation as an agent, employee, engineer, or attorney of the
district.
(9) No member of the board, nor officer, employee, or agent of a district shall
be interested in any contract or transaction with the district except in his official
representative capacity or as provided in his contract of employment with the
district. Neither the holding of any office or employment in the government of any
municipality or other public body of the federal government, nor the owning of any
property within the state shall be deemed a disqualification for membership on the
board or membership in or employment by a district, nor a disqualification for
compensation for services as a member of the board or as an officer, employee, or
agent of the district, except as provided in subsection (8) of this section.