17B-1-609.  Hearing to consider adoption — Notice.

(1)  At the meeting at which the tentative budget is adopted, the board of trustees shall:

Terms Used In Utah Code 17B-1-609

  • Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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:
(a) this chapter; or
(b) 
(i) this chapter; and
(ii) 
(A) 1;
(B) 2;
(C) 3;
(D) 4;
(E) 5;
(F) 6;
(G) 7;
(H) 8;
(I) 9;
(J) 10; or
(K) 11. See Utah Code 17B-1-102
(a)  establish the time and place of a public hearing to consider its adoption; and

(b)  except as provided in Subsection (6) or (7), order that notice of the hearing be published for the district, as a class A notice under Section 63G-30-102, for at least seven days before the day of the hearing.

(2)  If the budget hearing is held in conjunction with a tax increase hearing, the notice required in Subsection (1)(b):

(a)  may be combined with the notice required under Section 59-2-919; and

(b)  shall be published in accordance with the advertisement provisions of Section 59-2-919.

(3)  If the budget hearing is to be held in conjunction with a fee increase hearing, the notice required in Subsection (1)(b):

(a)  may be combined with the notice required under Section 17B-1-643; and

(b)  shall be published or mailed in accordance with the notice provisions of Section 17B-1-643.

(4)  Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is prima facie evidence that notice was properly given.

(5)  If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within 30 days after the day on which the hearing is held, the notice is adequate and proper.

(6)  A board of trustees of a special district with an annual operating budget of less than $250,000 may satisfy the notice requirements in Subsection (1)(b) by:

(a)  mailing a written notice, postage prepaid, to each voter in the special district; and

(b)  posting the notice in three public places within the district.

(7)  The notice described in this section is exempt from the physical posting requirement described in Subsection 63G-30-102(1)(c).

Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session