| Timberland Acres Special Road District #1 As Amended by the Board on January 27, 2024 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 52nd Legislature, 2016): 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: 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. Sue and be sued. 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. 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. Promulgate standards for building and paving roads, which have the effect of law. Levy and collect civil penalties from persons who build or pave roads that are not in compliance with standards established by the trustees. Policies and Procedures enacted by the TASRD Board of Trustees: A. OFFICERS The duties and authorities shall be divided between the Trustees. If there is any disagreement between the Trustees about the allocation of duty or authority it shall be resolved by a majority vote of the Board. The board may also solicit help in performing their duties from other members of the community by a majority vote of the board members. B. POSITIONS AND DUTIES Duties of the Chairperson Preside at all board meetings. Prepare agendas for regular and special meetings. Post notices of all meetings and elections. Act as a liaison between individuals, government agencies and the Board when dealing with official Road Board business along with the Vice Chairperson. Take the responsibility for presenting all contracts and agreements for approval of the Board. To be a member of all committees. Prepare the annual report in collaboration with the Treasurer to Board approval. Confer with the treasurer to review income received, and the state of the account. Duties of the Vice Chairperson In the absence of the Chairperson, preside and perform the duties of the Chairperson. Act as a liaison between the Board and road contractors while construction and improvements are in progress. Supervise roadwork while in progress. At the July regular meeting present a tentative plan for road improvements for the next fiscal year. Collaborate with the Treasurer, and the Chairperson, in preparing the Annual Report. Duties of the Treasurer 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). All bills are to be paid by warrant and signed by at least two (2) Trustees. Provide a quarterly financial report at each regular meeting. Prepare a Year End Financial Report at the end of each fiscal year. Provide the Board approved report to the Navajo County Finance Office. Provide information and collaborate with the Board in preparing the budget for the next fiscal year. Provide the Board approved Budget to the Navajo County Clerk of the Board of Supervisors, the Navajo County Finance Office and coordinate for publish in the local paper. Complete the Annual Report of Bonded Indebtedness to the Office of Arizona State Treasurer. Complete the Annual Financial Report for the Navajo County Board of Supervisors. Complete the Annual U.S. Census of Governments, Survey of Public Employment & Payroll. Hire a CPA to conduct a financial review of TASRD financial records and procedures once every two years as required by ARS 48-253. A financial review is not as intense of an examination as an audit. Supply all financial records for the annual financial review as requested, and to any member of the public residing in Timberland Acres that wishes to see them. Coordinate for Commercial General Liability and Director & Officer Liability insurance. Follow Arizona general retention schedules set forth for Special Districts. Coordinate with the Clerk/Secretary for the destruction or retention of documents annually. Duties of the Clerk/Secretary Keep minutes of all regular, special and executive session meetings, an audio tape of the meeting will be used in the creation of the minutes. Provide copies of the draft minutes to all Board Members and make accessible to the public within seventy-two hours of the meetings. Act as the Records Officer and maintain a records management program for the Board following Arizona general retention schedules set forth for Special Districts. Review and update the Policies and Procedures every five years with Board Members. Address all public record requests on behalf of the Board. Duties of the Culvert/Driveway Consultant, Grantor of Permits Work with property owners and Board members to insure that culverts and driveways are installed correctly when needed. Issue a permit (Resolution 91-1) to the property owner granting permission to install culverts and driveways. Notify property owners of improperly installed culverts and driveways. Notify Property Owners if driveway culvert needs to be cleaned out, or repaired. Driveway culvert maintenance is the responsibility of Property Owners. In-person contact will be attempted at the property. If in-person contact can not be accomplished, the Culvert/Driveway Consultant can use other means such as telephone calls, or letters, with a clear statement of what the problem is and a reasonable deadline for completion. After notification, if the property owner does not respond or correct the problem within 90 days, the Culvert/Driveway Consultant can have the Board’s contractor perform any needed work and send a bill for that work to the property owner. C. BOARD MEETINGS Regular Meetings will be held on the fourth (4th) Saturday after each Quarter of the fiscal year. (October, January, April, and July). Notices and agendas of all Regular meetings will be posted at least 24 hours to the meeting, however, notices may be posted earlier. Special Meetings will be held upon the call of the Chairperson, or upon the call of a quorum of the Board it. 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. The compensation for each member of the Board of Trustees, (if they wish to accept) will be seventy-five dollars ($75.00) for Regular and Special Meetings attended not to exceed four meetings within a calendar month (IAW ARS 48-1083). 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. D. PURCHASING/PROCUREMENT GUIDELINES All Board Members will follow the Navajo County Board of Supervisor Purchasing/Procurement Guidelines outlined below: If less than $1,000.00 – Three (3) verbal quotes are required. If $1,001.00-$100,000.00 – Three (3) written quotes are required. If cost is over $100,001.00 – Three (3) bids are required. E. RECORDS RETENTION POLICY All Board Members will follow the Arizona Secretary of State general retention schedules set forth for Special Districts. The Clerk/Secretary shall act as the Records Officer for the Board. Policies and Procedures with Amendments approved by motion of the Board October 22, 2022 |
