(1) (a) Notwithstanding Subsection 17B-1-302(8): (i) the board of trustees of a mosquito abatement district consists of no less than five members appointed in accordance with this section; and (ii) subject to Subsection (1)(b), the legislative body of each municipality that is entirely or partly included within a mosquito abatement district shall appoint one member to the board of trustees. (b) If 75% or more of the area of a mosquito abatement district is within the boundaries of a single municipality: (i) the board of trustees consists of five members; and (ii) the legislative body of that municipality shall appoint all five members of the board. (2) Except as provided in Subsection (1), the legislative body of each county in which a mosquito abatement district is located shall appoint at least one member but no more than three members to the district's board of trustees as follows: (a) the county may appoint one member if: (i) (A) some or all of the county's unincorporated area is included within the boundaries of the mosquito abatement district; and (B) Subsection (2)(b) does not apply; or (ii) (A) the number of municipalities that are entirely or partly included within the district is an even number less than nine; and (B) Subsection (1)(b) does not apply; or (b) subject to Subsection (3), the county may appoint up to and including three members if: (i) more than 25% of the population of the mosquito abatement district resides outside the boundaries of all municipalities that may appoint members to the board of trustees; and (ii) a municipality appoints at least four members of the board of trustees. (3) A county may not appoint a member in accordance with Subsection (2)(b) who resides within a municipality that may appoint a member to the board of trustees. (4) If the number of board members appointed by application of Subsections (1) and (2)(a) is an even number less than nine, the legislative body of the county in which the district is located shall appoint an additional member. (5) Notwithstanding Subsection (2), and subject to Subsection (1)(b): (a) if the mosquito abatement district is located entirely within one county and, in accordance with this section, only one municipality may appoint a member of the board of trustees, the county legislative body shall appoint at least four members to the district's board of trustees; and (b) if the mosquito abatement district is located entirely within one county and no municipality may appoint a member of the board of trustees, the county legislative body shall appoint all of the members of the board. (6) Each board of trustees member is appointed in accordance with Section 17B-1-304. (7) The applicable appointing authority shall fill each vacancy on a mosquito abatement district board of trustees in accordance with Section 17B-1-304, or if the vacancy is a midterm vacancy, in accordance with Section 20A-1-512.
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