Utah Code 17B-1-407. Notice of intent to consider providing service — Public hearing requirements
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Terms Used In Utah Code 17B-1-407
- Applicable area: means :(1)(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or(1)(b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401
- Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
- Municipality: means a city or town. See Utah Code 17B-1-102
- Quorum: The number of legislators that must be present to do business.
- 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(1)(a) If the legislative body of a county or municipality whose applicable area is proposed to be annexed to a special district in a petition under Subsection17B-1-403 (2)(a) or (c) intends to consider having the county or municipality, respectively, provide to the applicable area the service that the proposed annexing special district provides, the legislative body shall, within 30 days after receiving the notice under Subsection17B-1-406 (1), mail or deliver a written notice to the board of trustees of the proposed annexing special district indicating that intent.(1)(b)(1)(b)(i) A notice of intent under Subsection (1)(a) suspends the special district’s annexation proceeding as to the applicable area of the county or municipality that submits the notice of intent until the county or municipality:(1)(b)(i)(A) adopts a resolution under Subsection17B-1-408 (1) declining to provide the service proposed to be provided by the proposed annexing special district; or(1)(b)(i)(B) is considered under Subsection17B-1-408 (2) or (3) to have declined to provide the service.(1)(b)(ii) The suspension of an annexation proceeding under Subsection (1)(b)(i) as to an applicable area does not prevent the special district from continuing to pursue the annexation proceeding with respect to other applicable areas for which no notice of intent was submitted.(1)(c) If a legislative body does not mail or deliver a notice of intent within the time required under Subsection (1)(a), the legislative body shall be considered to have declined to provide the service.(2) Each legislative body that mails or delivers a notice under Subsection (1)(a) shall hold a public hearing or a set of public hearings, sufficient in number and location to ensure that no substantial group of residents of the area proposed for annexation need travel an unreasonable distance to attend a public hearing.(3) Each public hearing under Subsection (2) shall be held:(3)(a) no later than 45 days after the legislative body sends notice under Subsection (1);(3)(b) except as provided in Subsections (6) and (7), within the applicable area; and(3)(c) for the purpose of allowing public input on:(3)(c)(i) whether the service is needed in the area proposed for annexation;(3)(c)(ii) whether the service should be provided by the county or municipality or the proposed annexing special district; and(3)(c)(iii) all other matters relating to the issue of providing the service or the proposed annexation.(4) A quorum of the legislative body of each county or municipal legislative body holding a public hearing under this section shall be present throughout each hearing held by that county or municipal legislative body.(5) Each hearing under this section shall be held on a weekday evening other than a holiday beginning no earlier than 6 p.m.(6) Two or more county or municipal legislative bodies may jointly hold a hearing or set of hearings required under this section if all the requirements of this section, other than the requirements of Subsection (3)(b), are met as to each hearing.(7) Notwithstanding Subsection (3)(b), a county or municipal legislative body may hold a public hearing or set of public hearings outside the applicable area if:(7)(a) there is no reasonable place to hold a public hearing within the applicable area; and(7)(b) the public hearing or set of public hearings is held as close to the applicable area as reasonably possible.(8) Before holding a public hearing or set of public hearings under this section, the legislative body of each county or municipality that receives a request for service shall provide notice of the hearing or set of hearings as provided in Section17B-1-211 .