17B-1-409 - Public hearing on proposed annexation. - Utah Statutes

17B-1-409. Public hearing on proposed annexation.
(1) Except as provided in Sections 17B-1-413 and 17B-1-415, the board of trustees ofeach 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 resolutionunder Subsection 17B-1-403(1)(c) shall hold a public hearing on the proposed annexation andprovide 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 Section17B-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 bythe deadline:
(A) expiration of the deadline under Subsection 17B-1-407(1) to submit a notice ofintent; or
(B) termination of a suspension of the annexation proceeding under Subsection17B-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 areaproposed 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 proposedannexation 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 bepresent throughout each public hearing held under this section.
(4) (a) After holding a public hearing under this section or, if no hearing is held becauseof application of Subsection 17B-1-413(2)(a)(ii), after expiration of the time under Subsection17B-1-413(2)(a)(ii)(B) for requesting a hearing, the board of trustees may by resolution deny theannexation 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 beannexed; or
(B) annexing the area proposed to be annexed would be inequitable to the owners of realproperty 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 itsreasons for denying the annexation.

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Renumbered and Amended by Chapter 329, 2007 General Session