(1) Unless it is held as an agenda item of a meeting of the board of trustees of a special district as allowed by Subsection 17B-1-508(2), before holding a public hearing under Section 17B-1-508, the board of trustees of the special district shall:

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Terms Used In Utah Code 17B-1-509

  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
         (31)(a) this chapter; or
         (31)(b)
              (31)(b)(i) this chapter; and
              (31)(b)(ii)
                   (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
                   (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;
                   (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;
                   (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;
                   (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;
                   (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;
                   (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
                   (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;
                   (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;
                   (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;
                   (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or
                   (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) mail notice of the public hearing and of the proposed withdrawal to:

          (1)(a)(i) if the special district is funded predominantly by revenues from a property tax, each owner of private real property located within the area proposed to be withdrawn, as shown upon the county assessment roll last equalized as of the previous December 31;
          (1)(a)(ii) if the special district is funded by fees based upon an allotment of acre-feet of water, each owner of private real property with an allotment of water located within the area proposed to be withdrawn, as shown upon the district’s records; or
          (1)(a)(iii) if the special district is not funded predominantly by revenues from a property tax or fees based upon an allotment of acre-feet of water, each registered voter residing within the area proposed to be withdrawn, as determined by the voter registration list maintained by the county clerk as of a date selected by the board of trustees that is at least 20 but not more than 60 days before the public hearing; and
     (1)(b) post notice of the public hearing and of the proposed withdrawal in at least four conspicuous places within the area proposed to be withdrawn, no less than five nor more than 30 days before the public hearing.
(2) Each notice required under Subsection (1) shall:

     (2)(a) describe the area proposed to be withdrawn;
     (2)(b) identify the special district in which the area proposed to be withdrawn is located;
     (2)(c) state the date, time, and location of the public hearing;
     (2)(d) state that the petition or resolution may be examined during specified times and at a specified place in the special district; and
     (2)(e) state that any person interested in presenting comments or other information for or against the petition or resolution may:

          (2)(e)(i) prior to the hearing, submit relevant comments and other information in writing to the board of trustees at a specified address in the special district; or
          (2)(e)(ii) at the hearing, present relevant comments and other information in writing and may also present comments and information orally.
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