17B-1-407 - Notice of intent to consider providing service -- Public hearing requirements.
17B-1-407. Notice of intent to consider providing service -- Public hearingrequirements.
(1) (a) If the legislative body of a county or municipality whose applicable area isproposed to be annexed to a local district in a petition under Subsection 17B-1-403(1)(a) intendsto consider having the county or municipality, respectively, provide to the applicable area theservice that the proposed annexing local district provides, the legislative body shall, within 30days after receiving the notice under Subsection 17B-1-406(1), mail or deliver a written notice tothe board of trustees of the proposed annexing local district indicating that intent.
(b) (i) A notice of intent under Subsection (1)(a) suspends the local district's annexationproceeding as to the applicable area of the county or municipality that submits the notice of intentuntil the county or municipality:
(A) adopts a resolution under Subsection 17B-1-408(1) declining to provide the serviceproposed to be provided by the proposed annexing local district; or
(B) is considered under Subsection 17B-1-408(2) or (3) to have declined to provide theservice.
(ii) The suspension of an annexation proceeding under Subsection (1)(b)(i) as to anapplicable area does not prevent the local district from continuing to pursue the annexationproceeding with respect to other applicable areas for which no notice of intent was submitted.
(c) If a legislative body does not mail or deliver a notice of intent within the timerequired under Subsection (1)(a), the legislative body shall be considered to have declined toprovide the service.
(2) Each legislative body that mails or delivers a notice under Subsection (1)(a) shallhold a public hearing or a set of public hearings, sufficient in number and location to ensure thatno substantial group of residents of the area proposed for annexation need travel an unreasonabledistance to attend a public hearing.
(3) Each public hearing under Subsection (2) shall be held:
(a) no later than 45 days after the legislative body sends notice under Subsection (1);
(b) except as provided in Subsections (6) and (7), within the applicable area; and
(c) for the purpose of allowing public input on:
(i) whether the service is needed in the area proposed for annexation;
(ii) whether the service should be provided by the county or municipality or the proposedannexing local district; and
(iii) all other matters relating to the issue of providing the service or the proposedannexation.
(4) A quorum of the legislative body of each county or municipal legislative bodyholding a public hearing under this section shall be present throughout each hearing held by thatcounty or municipal legislative body.
(5) Each hearing under this section shall be held on a weekday evening other than aholiday beginning no earlier than 6 p.m.
(6) Two or more county or municipal legislative bodies may jointly hold a hearing or setof hearings required under this section if all the requirements of this section, other than therequirements of Subsection (3)(b), are met as to each hearing.
(7) Notwithstanding Subsection (3)(b), a county or municipal legislative body may hold apublic hearing or set of public hearings outside the applicable area if:
(a) there is no reasonable place to hold a public hearing within the applicable area; and
(b) the public hearing or set of public hearings is held as close to the applicable area asreasonably possible.
(8) Before holding a public hearing or set of public hearings under this section, thelegislative body of each county or municipality that receives a request for service shall providenotice of the hearing or set of hearings as provided in Section 17B-1-211.
Renumbered and Amended by Chapter 329, 2007 General Session