LegalFix

Section 409 - Public hearing on proposed annexation.

UT Code § 17B-1-409 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) Except as provided in Sections 17B-1-413 and 17B-1-415, the board of trustees of each local 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.

(2) 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 local 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 local district office; or (ii) for a local 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 local district office is reasonably accessible to all residents within the area proposed to be annexed, at the local 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.

(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);

(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);

(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 local 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 local district office; or (ii) for a local 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 local district office is reasonably accessible to all residents within the area proposed to be annexed, at the local district office;

(i) for a local 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 local district office; or

(A) within or as close as practicable to the area proposed to be annexed; or

(B) at the local district office; or

(ii) for a local 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 local district office is reasonably accessible to all residents within the area proposed to be annexed, at the local district office;

(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

(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 local district office is reasonably accessible to all residents within the area proposed to be annexed, at the local 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.

(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 local 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 local 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 local 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.

(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 local 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 local 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.

(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 local 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 local district; or

(A) it is not feasible for the local 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 local 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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 409 - Public hearing on proposed annexation.