48-5705. Board of directors; qualifications; term; appointment; election; compensation; expenses

A. A board of at least three directors shall govern the district. Board members shall be elected or appointed as provided in this subsection. The petition for establishment of the district shall specify the number of directors and the dates of elections and of expiration of terms of the directors. For any district, membership on the board shall include the following:

1. One person who is appointed as a member by each incorporated city or town that is within the area of the district.

2. One person who is appointed as a member by each county that is within the area of the district.

3. One person elected as the at large representative by a majority vote of the qualified electors, as defined in section 16-121, in the district who vote in the election.

4. Persons elected by owners of taxable property qualified pursuant to subsection D of this section who represent owners of taxable property. The number of persons is determined by adding the number of persons designated pursuant to paragraphs 1 through 3 of this subsection and increasing that number by one.

B. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

C. The board of directors shall annually elect from among its members a chairman to serve as the chief executive officer of the board of directors of the district.

D. A person who is qualified to vote pursuant to subsection A, paragraph 4 of this section is a person who is all of the following:

1. An owner of taxable property in the district.

2. At least eighteen years of age.

3. Registered as prescribed by subsection E.

E. The board of directors of a district shall provide for and require a registration of persons qualified to vote pursuant to subsection A, paragraph 4 of this section. The registration books shall be open for a period beginning ten days after an election and closing on the twenty-ninth day before the date of the next election. A person not registered as provided in this section shall not be entitled to vote, but a person qualified to vote pursuant to subsection A, paragraph 4 of this section who voted in the last preceding district election and who continues to possess the qualifications shall not be required to reregister.

F. The administrator or executor of the estate of a deceased person and the guardian of a minor or incompetent person, appointed and qualified under the laws of the state, may register and cast the vote of the estate or person which he represents. The officer of a corporation who is designated and authorized by a resolution of the board of directors of the corporation may register and cast the vote of the corporation. The general partner of a partnership in whose name title to property within the district is vested as a holder of title or evidence of title, who is designated and authorized in writing by all of the general partners, may register and cast the vote of the partnership. The trustee of a trust, and the trustee who is designated and authorized in writing by all of the trustees of a trust in which there are more than one trustee, in whose name title to property within the district is vested as a holder of title or evidence of title, may register and cast the vote of the trust.

G. When voting is conducted under the acreage system, at least five days before holding a regular or special election the secretary of the district shall make up an election register. The election register shall denote the names of the owners of lands within the district, the number of acres held by each and the number of votes which they are entitled to cast. The lists shall be arranged with the name of the owner and the number of votes the voter is entitled to cast as shown by the records of the county recorder, the state land department, and the United States land office for the area in which the district is located as of the fiftieth day before the time fixed for holding the election. A person shall not be allowed to vote unless that person's name appears as a holder in public records, nor shall the person cast more votes than the number of votes as shown by the district register.

H. In the acreage system of voting, every owner of taxable property who has held title for ninety days shall be a person qualified to vote in the district if that person meets the qualifications pursuant to subsection D of this section and entitled to one vote on each question submitted and to one vote for each office to be filled for each acre of land owned in the district. If record title is held in more than one name, each owner otherwise possessing the qualifications of an elector may vote the number or fractions of acres represented by that person's legal interest or proportionate share of and in the lands.

I. The administrator or executor of a deceased person, and the guardian of a minor or an incompetent person, appointed and qualified under the laws of the state, may represent and cast the vote of the person or estate. An officer of a corporation designated and authorized by a resolution of the board of directors of the corporation may represent and cast the vote of the corporation. The general partner of a partnership in whose name title to property within the district is vested as a holder of title or evidence of title, who is designated and authorized in writing by all of the general partners, may register and cast the vote of the partnership. The trustee of a trust, and the trustee who is designated and authorized in writing by all of the trustees of a trust in which there are more than one trustee, in whose name title to property within the district is vested as a holder of title or evidence of title, may register and cast the vote of the trust.