Timberland Acres Special Road District #1
Rules and Regulations
January 24, 2015
This Special Road District was established and declared to be organized on the 26th day of September 1978. This Special Road District is to be governed by a Board of Trustees.
Some relevant portions of the A.R.S. – Arizona Revised Statutes (as updated by the 49th Legislature, 2010):
48-1401. Validation of existing road districts
All entities which have been in existence and have operated as special road districts for six months, as of the effective date of this section, are deemed to be legally and properly formed under the laws and constitution of this state, regardless of any defects in their original formation.
48-1404. Election of trustees; vacancies
A. An election shall be held in the special road district on the fourth Tuesday in February of each year to elect trustees to fill vacancies caused by expiration of term of office or otherwise. The trustee elected to succeed the trustee whose term has expired shall hold office for three years from the first Saturday in March next succeeding his election. Persons elected to fill a vacancy shall serve during the remainder of the term.
B. The election shall be held at such places as the board of trustees shall by resolution determine, after notice thereof posted for ten days next preceding the election in three conspicuous places in each precinct into which the district may be divided for the purposes of election. Candidates for the office of trustee shall file nominating petitions with the board of supervisors as prescribed by title 16, chapter 3. If only one person files or no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for the position and appoint the person who filed the nominating petition to fill the position. If no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for that office and that office is deemed vacant and shall be filled as otherwise provided by law. A person who is appointed pursuant to this section is fully vested with the powers and duties of the office as if elected to that office.
C. The returns of election shall be made to the board of supervisors, which shall canvass the returns and issue certificates of election.
D. The office of a trustee who removes from the district or who ceases to possess the qualifications of a trustee, as prescribed by this article, shall become vacant. The remaining members of the board of trustees in which a vacancy occurs shall within thirty days by resolution declare the office vacant, appoint a successor to fill the vacancy for the unexpired term and certify the appointment to the board of supervisors, which shall issue a certificate of the appointment. If the members of the board of trustees do not constitute a quorum, the county board of supervisors shall make the appointment to fill the vacancy.
48-1405. Powers and duties of trustees
The trustees of the special road district shall:
1. Have charge and control of the establishment, maintenance and repair of roads, driveways and bridges within the district, other than county and state highways, and to that end may, in the name of the district, hold and convey property for the use and benefit of the district.
2. Sue and be sued.
3. Make contracts, employ labor and purchase material for the construction, maintenance and repair of roads, driveways, highways and bridges within the district and keep such highways and bridges within the district free from obstructions.
4. Control the funds of the district, which shall be paid out only on written order containing an itemized statement of the charge for which the order is drawn, and signed by at least two members of the board of trustees.
5. Promulgate standards for building and paving roads, which have the effect of law.
6. Levy and collect civil penalties from persons who build or pave roads that are not in compliance with standards established by the trustees.
Rules and Regulations enacted by the Board of Trustees:
The board may appoint a Trustee to a position for three consecutive 3-year terms. The board may extend any Trustee’s appointed officer position for additional 3-year terms. Each additional 3-year term extension requires a unanimous vote of the board. After the completion of consecutive and, if applicable, any extended terms, the Trustee may not hold the same position again until the lapse of a complete term. Appointment of a Trustee to an officer position on the board does not effect the Election of Trustees requirements in the Arizona Revised Statutes. The board may also solicit help in performing their duties from other members of the community by a majority vote of the board members.
Duties of the Chairperson
1. Preside at all board meetings.
2. Prepare agendas for regular and special meetings.
3. Post notices of all meetings and elections.
4. Act as a liaison between individuals, government agencies and the Board when dealing with official Road Board business along with the Vice Chairperson.
5. Take the responsibility for presenting all contracts and agreements for approval of the Board.
6. To be a member of all committees.
7. Prepare the annual report in collaboration with the Treasurer to Board approval.
8. Meet at least monthly with the treasurer to review income received, and the state of the account.
Duties of the Vice Chairperson
1. In the absence of the Chairperson, preside and perform the duties of the Chairperson.
2. Act as a liaison between the Board and road contractors while construction and improvements are in progress.
3. Supervise roadwork while in progress.
4. At the July regular meeting present a tentative plan for road improvements for the next fiscal year.
5. Collaborate with the Treasurer, and the Chairperson, in preparing the Annual Report.
Duties of the Treasurer
1. Pay all bills for the operation of the Road District in accordance with ARS 48-1405 and other ARS statutes. A receipt must support expenses greater than three dollars ($3.00). Treasurer will present to the Board for approval any Trustee Expenses over one hundred dollars ($100.00).
2. All bills are to be paid by warrant and signed by at least two (2) Trustees.
3. Provide a quarterly financial report at each regular meeting.
4. Provide information and collaborate with the Board in preparing the budget for the next fiscal year.
5. Prepare an annual financial report at the end of each fiscal year. And have a yearly review of the financial records by a member of the community familiar with accounting practices.
6. Supply all financial records for audits as requested, and to any member of the public residing in Timberland Acres that wishes to see them.
Duties of the Clerk/Secretary
1. Keep minutes of all regular and special meetings, an audio tape of the meeting will become part of the minutes.
2. Provide copies of the minutes to all Board Members within two weeks of the meetings.
3. Take charge of all documents of the Board and review the Rules & Regulations every two years with Board Members.
Duties of the Culvert/Driveway Consultant, Grantor of Permits
1. Work with property owners and Board members to insure that culverts and driveways are installed correctly when needed.
2. Issue a permit (Resolution 91-1) to the property owner granting permission to install culverts and driveways.
3. Notify property owners of improperly installed culverts and driveways.
C. BOARD MEETINGS
1. Regular Meetings will be held on the fourth (4th) Saturday after each Quarter of the fiscal year (October, January, April, and July).
2. Notices and agendas of all Regular meetings will be posted at least 24 hours to the meeting; however, notices may be posted earlier.
3. Special Meetings will be held upon the call of the Chairperson, or upon the call of a quorum of it.
4. Notices of Special Meetings will be posted at five (5) designated places within the District when practical, but not less than two (2) hours prior to proposed meeting.
5. The pay for each member of the Board of Trustees, (if they wish to accept) will be sixty-five dollars ($65.00) for the Regular Meetings attended. Reimbursement for necessary long distance travel, excluding board meetings, will be at the same rate as County Officials receive. The Board of Trustees, at regular or executive meeting, must approve, in advance, all long distance expenses for travel. Board members (if they wish to accept) will receive thirty dollars ($30.00) for each Special Meeting attended.
D. RECORDS RETENTION POLICY
1. The Clerk/Secretary shall permanently retain written minutes of each meeting. The Clerk/Secretary shall retain an audiotape recording of each meeting for one (1) year after the date of the meeting.
2. The Treasurer shall retain all financial records of the board for five (5) years after the end of the fiscal year in which they were prepared.
Rules and Regulations with Revisions approved by motion of the Board January 24, 2015, and signed below by Board Members Present
Russel Britt, Chairperson
Rick Bowers, Vice-Chairperson
Kristine Sleighter, Treasurer
Richard Wright, Clerk/Secretary
Sandra Kanz-Metz, Culvert/Driveway Consultant, Grantor of Permits