Paul H. Tonks, Esq.
Eagle Crest Drive, Draper, Utah 84020
May 4, 2010
Re: Traverse Ridge Special Services District
Draper City Council:
Draper City Council has been discussing ideas on how the Council could receive feedback from Draper residents living within the Traverse Ridge Special Services District (“TRSSD”) boundaries, concerning decisions on how to spend TRSSD funds. As a Draper resident living in the TRSSD, I would like you to consider the following:
The Utah Legislature created the Utah Special Service District Act allowing local governmental entities the ability to create a “special service district” for limited purposes. Utah Code Ann. § 17D-1-101. The special service district is a “body corporate and politic with perpetual succession” that is “separate and distinct” from the municipality that creates it. Section 17D-1-103(1)(a). Generally, a special service district is allowed to provide services “that the governing body determines will more effectively carry out the purposes of the special services district.” Section 17D-1–103(2)(q).
Approximately 12 years ago, the Traverse Ridge Special Services District was created through a partnership between the City of Draper and the developer of SunCrest for the purpose of providing a mechanism whereby the property owners within the district could be provided additional city services as necessary to address the special needs of the subdivision because of its elevation in relation to the rest of the city. Since that time, the city has wholly administered the TRSSD. With approximately 1,000 households now living within the TRSSD, this may be a good time for the city to consider other options in how it administers the TRSSD.
When the Utah Legislature created the Utah Special Service District Act, it also provided a system whereby a political subdivision could oversee a special service district and also allow those who reside within the special service district the ability to be involved in the decisions that impact their special service district. TRSSD is governed by the City of Draper, but the Act allows the city to delegate certain rights, powers, or authority to an administrative control board (“Board”). Utah Code Ann. § 17D-1-301(1). The Board may “exercise any right, power, or authority that the legislative body possesses with respect to the governance of the special service district” except for certain delineated powers listed in the Act (annex an area, levy a tax, levy an assessment, etc.). Section 17D-1-302, -303.
The Act provides that the municipal legislative body that creates the Board “may provide for board members to be elected or appointed, or for some members to be elected and some appointed.” Utah Code Ann.. § 17D-1-303(1). The city has discretion on who to appoint to the Board, and for elected members of the Board, they must either be (1) a registered voter within the special service district; or (2) an officer or employee of the municipality that created the special service district. Section 17D-1-304(1)(a).
If one were to inquire of the Draper residents living within the SunCrest subdivision what their greatest concern is regarding the TRSSD, the answer would be that we are concerned about how TRSSD funds are spent. There is a perception by some that TRSSD funds are used for improper purposes. It is obvious that better communication needs to take place between the City of Draper and SunCrest residents, and with a town meeting held in SunCrest last year and another town meeting planned in SunCrest in 2010, the city is making great strides on this issue.
However, I believe the only real solution for the twin problems of mistrust of how TRSSD funds are spent and better communication with SunCrest residents, is to make use of the solution the Utah Legislature has provided in the Special Service District Act: Elect or appoint registered voters living in the TRSSD to serve on the Board.
Currently the TRSSD Board is composed of six individuals: the five members of Draper City Council and the Mayor of Draper. Changing the composition of the Board to include one, three, or even five appointed or elected individuals from the TRSSD would still allow the City of Draper to still have majority control of the Board. But more importantly, such a makeup would allow TRSSD residents to be actively involved in the discussions and actual votes of the Board, giving the SunCrest community a greater voice in how their tax funds are utilized. It is also in line with the basic conservative principle that the closer the government can come to those who are governed, the greater the opportunity for them to direct how they are governed.
As noted previously, it is important to recognize that the Act provides that all rights, powers, and authority for the TRSSD Board are delegated to it from Draper City Council, and Draper City Council must retain certain rights. Further, according to the Act, Draper City Council may “at any time modify, limit, or revoke any right, power, or authority delegated to the administrative control board.” Utah Code § 17D-1-301(4)(a).
Concerning the proposal for a TRSSD advisory board, I agree with several Draper City Councilmen who have opined that the advisory board would have the effect of adding an extra layer of government between SunCrest residents and the City of Draper. Additionally, while having an advisory board is certainly a step closer to having SunCrest residents more involved with the City of Draper, members of the advisory board would only have the ability to “advise” as opposed to actually being able to vote for action items brought before the TRSSD Board.
Accordingly, please consider this proposal to include TRSSD residents on the TRSSD Board as you discuss how best to involve SunCrest residents with decisions of the Board. Thank you for your time and consideration.
Sincerely,
Paul Tonks
Draper and SunCrest Resident
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