(1) Except as provided in Sections 17B-1-413 and 17B-1-415, the board of trustees of each special district that certifies a petition that was filed under Subsection 17B-1-403(2)(c), receives a resolution adopted under Subsection 17B-1-403(3)(a), or adopts a resolution under Subsection 17B-1-403(3)(b) shall hold a public hearing on the proposed annexation and provide notice of the hearing as provided in Section 17B-1-410.
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Terms Used In Utah Code 17B-1-409

  • Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. 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
(2) Each public hearing under Subsection (1) shall be held:

     (2)(a) within 45 days after:

          (2)(a)(i) if no notice to a county or municipal legislative body is required under Section 17B-1-406, petition certification under Section 17B-1-405; or
          (2)(a)(ii) if notice is required under Section 17B-1-406, but no notice of intent is submitted by the deadline:

               (2)(a)(ii)(A) expiration of the deadline under Subsection 17B-1-407(1) to submit a notice of intent; or
               (2)(a)(ii)(B) termination of a suspension of the annexation proceeding under Subsection 17B-1-407(1)(b);
     (2)(b)

          (2)(b)(i) for a special district located entirely within a single county:

               (2)(b)(i)(A) within or as close as practicable to the area proposed to be annexed; or
               (2)(b)(i)(B) at the special district office; or
          (2)(b)(ii) for a special district located in more than one county:

               (2)(b)(ii)(A)

                    (2)(b)(ii)(A)(I) within the county in which the area proposed to be annexed is located; and
                    (2)(b)(ii)(A)(II) within or as close as practicable to the area proposed to be annexed; or
               (2)(b)(ii)(B) if the special district office is reasonably accessible to all residents within the area proposed to be annexed, at the special district office;
     (2)(c) on a weekday evening other than a holiday beginning no earlier than 6 p.m.; and
     (2)(d) for the purpose of allowing:

          (2)(d)(i) the public to ask questions and obtain further information about the proposed annexation and issues raised by it; and
          (2)(d)(ii) any interested person to address the board regarding the proposed annexation.
(3) A quorum of the board of trustees of the proposed annexing special district shall be present throughout each public hearing held under this section.
(4)

     (4)(a) After holding a public hearing under this section or, if no hearing is held because of application of Subsection 17B-1-413(2)(a)(ii), after expiration of the time under Subsection 17B-1-413(2)(a)(ii)(B) for requesting a hearing, the board of trustees may by resolution deny the annexation and terminate the annexation procedure if:

          (4)(a)(i) for a proposed annexation initiated by a petition under Subsection 17B-1-403(2)(a) or (c), the board determines that:

               (4)(a)(i)(A) it is not feasible for the special district to provide service to the area proposed to be annexed; or
               (4)(a)(i)(B) annexing the area proposed to be annexed would be inequitable to the owners of real property or residents already within the special district; or
          (4)(a)(ii) for a proposed annexation initiated by resolution under Subsection 17B-1-403(3)(a) or (b), the board determines not to pursue annexation.
     (4)(b) In each resolution adopted under Subsection (4)(a), the board shall set forth its reasons for denying the annexation.
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