A. Board Creation: There is hereby created the Traverse Ridge Special Service District Administrative Control Board. It shall administer the Traverse Ridge Special Service District to provide transportation services, including snow removal, street lighting, repairing and maintenance of roads, sweeping, and disposal services pursuant to Resolution No. 99-82 executed December 28, 1999, which created the district.
B. Powers and Duties: Except for the powers expressly reserved to the city council in Subsection (c) or where the delegation of power is otherwise prohibited by law, the board may:
1. Exercise the power of eminent domain possessed by the city that creates the special service district;
2. Enter into a contract that the governing authority considers desirable to carry out special service district functions, including a contract:
a. with the United States or an agency of the United States, the state, an institution of higher education, a county, a municipality, a school district, a local district, another special service district, or any other political subdivision of the state; or
b. that includes provisions concerning the use, operation, and maintenance of special service district facilities and the collection of fees or charges with respect to commodities, services, or facilities that the district provides;
3. Acquire or construct facilities;
4. Acquire real or personal property, or an interest in real or personal property, including water and water rights, whether by purchase, lease, gift, devise, bequest, or otherwise, and whether the property is located inside or outside the special service district, and own, hold, improve, use, finance, or otherwise deal in and with the property or property right;
5. Sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the special service district's property or assets, including water and water rights;
6. Mortgage, pledge, or otherwise encumber all or any part of the special service district's property or assets, including water and water rights;
7. Enter into a contract with respect to the use, operation, or maintenance of all or any part of the special service district's property or assets, including water and water rights;
8. Accept a government grant or loan and comply with the conditions of the grant or loan;
9. Use an officer, employee, property, equipment, office, or facility of the city that created the special service district, subject to reimbursement;
10. Employ one or more officers, employees, or agents, including one or more engineers, accountants, attorneys, or financial consultants, and establish their compensation;
11. Designate an assessment area and levy an assessment as provided by state law;
12. Contract with a franchised, certificated public utility for the construction and operation of an electrical service distribution system within the special service district;
13. Borrow money and incur indebtedness;
14. As provided in Part 5, Special Service District Bonds, issue bonds for the purpose of acquiring, constructing, and equipping any of the facilities required for the services the special service district is authorized to provide, including:
a. Bonds payable in whole or in part from taxes levied on the taxable property in the special service district;
b. Bonds payable from revenues derived from the operation of revenue-producing facilities of the special service district;
c. Bonds payable from both taxes and revenues;
d. Guaranteed bonds, payable in whole or in part from taxes levied on the taxable property in the special service district;
e. Tax anticipation notes;
f. Bond anticipation notes;
g. Refunding bonds;
h. Special assessment bonds; and
i. Bonds payable in whole or in part from mineral lease payments as provided by state law;
15. Except as otherwise stated by ordinance, impose fees or charges or both for commodities, services, or facilities that the special service district provides;
16. Provide to an area outside the special service district's boundary, whether inside or outside the state, a service that the special service district is authorized to provide within its boundary, if the governing body makes a finding that there is a public benefit to providing the service to the area outside the special service district's boundary;
17. Provide other services that the governing body determines will more effectively carry out the purposes of the special service district; and
18. Adopt an official seal for the special service district.
C. The following powers are expressly reserved to the city council or are otherwise prohibited from delegation:
1. The power to annex an area into the district or add a service within the area of the district under Part 4, Annexing a New Area and Adding a New Service;
2. The power to designate the classes of special service district contracts that are subject to building improvements and public works projects;
3. The power to levy a tax on the taxable property within the special service district;
4. The power to issue special service district bonds payable from taxes;
5. The power to call or hold an election for the authorization of a property tax or the issuance of bonds;
6. The power to levy an assessment;
7. The power to issue interim warrants or bonds payable from an assessment; and
8. The power to appoint a board of equalization.
D. The city council may at any time modify, limit, or revoke any right, power, or authority delegated to the administrative control board. A modification, limitation, or revocation does not affect the validity of an action taken by the administrative control board before the modification, limitation, or revocation.
E. Members:
1. Number: The board shall be comprised of five members who shall be appointed by the Mayor with the advice and consent of the city council.
2. Qualifications: Each member of the administrative control board shall be a registered voter within the special service district or be an officer or employee of Draper City.
3. Appointment and Term: The city council shall appoint board members according to the procedures found in state law. Board members shall be appointed to terms of four years. In order to provide for the proper staggering of terms so that all appointments do not expire at the same time and to provide appropriate opportunities for involvement by a variety of interested persons, two initial membership positions shall be for a term of two years, one initial membership position shall be for a term of four years. Board members may be appointed to successive terms after following the appointment procedures found in state law. Board members may be removed for cause at any time after a hearing by two-thirds vote of the city council.
F. Organization and Procedure:
1. Chairperson: The mayor shall appoint a member of the board to serve as chair to oversee the proceedings and activities of the board. The board may elect other officers as it deems necessary.
2. Rules: The board may propose reasonable bylaws, rules and regulations, including procurement and fiscal management procedure, to regulate the conduct of its meetings, which bylaws, rules and regulations must be approved and adopted by resolution of the city council before becoming effective. All collections, investments, disbursements, procurements, and other financial transactions will be managed by the board.
3. Meetings: The board may hold meetings at such times as the board determines are necessary and as properly called with notices duly provided to each board member and as required by law.
4. Compensation: Compensation of the board members shall be set, from time to time, by resolution of the council.
5. For purposes of advising the city council and transacting the business of the district, the board may meet and confer, adopt recommendations and convey them to the council verbally or in writing, make decisions regarding district matters, or it may meet with the council or any of its members to discuss service development and delivery proposals. The board may establish committees for the purpose of investigating preferred or potential methods of service development and delivery.
6. Budget: The board shall prepare an annual budget for the Traverse Ridge Special Service District which will conform to the uniform fiscal procedures act for special districts, and approve it. The budget shall demonstrate all proposed expenditures and the fees to be established and collected as revenue to the district's budget.
7. The board shall have power to purchase and maintain insurance on behalf of any person who is a director, officer, employee, or agent of the district against any liability asserted against him or her and incurred by him or her in any such capacity, or arising out of his or her status as such, whether or not the district would have authority to indemnify him or her against the liability under law.
8. The board shall make an annual presentation to the city council of its goals, budget and activities. (Ord. 1493, 6-15-2021; amd. Ord. 1578, 5-16-2023)