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(1)(a)(ii)(A) or (B), receives a resolution adopted under Subsection 17B-1-403(1)(b), or adopts a resolution under Subsection 17B-1-403(1)(c) shall hold a public hearing on the proposed annexation and provide notice of the hearing as provided in Section 17B-1-410.
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:
Each public hearing under Subsection (1) shall be held:
(a)
within 45 days after:
(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
(ii)
if notice is required under Section 17B-1-406, but no notice of intent is submitted by the deadline:
(A)
expiration of the deadline under Subsection 17B-1-407(1) to submit a notice of intent; or
(B)
termination of a suspension of the annexation proceeding under Subsection 17B-1-407(1)(b);
(b)
(i)
for a special district located entirely within a single county:
(A)
within or as close as practicable to the area proposed to be annexed; or
(B)
at the special district office; or
(ii)
for a special district located in more than one county:
(A)
(I)
within the county in which the area proposed to be annexed is located; and
(II)
within or as close as practicable to the area proposed to be annexed; or
(B)
if the special district office is reasonably accessible to all residents within the area proposed to be annexed, at the special district office;
(c)
on a weekday evening other than a holiday beginning no earlier than 6 p.m.; and
(d)
for the purpose of allowing:
(i)
the public to ask questions and obtain further information about the proposed annexation and issues raised by it; and
(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)
(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:
(i)
for a proposed annexation initiated by a petition under Subsection 17B-1-403(1)(a)(i) or (ii), the board determines that:
(A)
it is not feasible for the special district to provide service to the area proposed to be annexed; or
(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
(ii)
for a proposed annexation initiated by resolution under Subsection 17B-1-403(1)(b) or (c), the board determines not to pursue annexation.
(b)
In each resolution adopted under Subsection (4)(a), the board shall set forth its reasons for denying the annexation.
