By Myrna Trauntvein
Times-News Correspondent
The Citizen's for Recreation need to follow the
outline presented by the county attorney in getting the
issue accepted by the people of East Juab County.
However, as the topic was discussed at county
commission meeting the Utah code for establishing special
service districts and improvement districts within special
service districts was somewhat clarified by Jared Eldridge,
county attorney.
"It is up to you if you want the issue to be placed on
the ballot, but I don't think it is required by statute,"
said Eldridge.
Eldridge was asked by the commission to review the
statue and find out, for certain, that a public election was
not required before establishing a special service district
if taxes were needed to operate the district.
However, it is something of a moot point. Even though,
an election might not be required, commissioners agreed they
would not establish a special service district without a
ballot vote of the electorate.
"If the people want a special service district for
recreation, they will do the work to get it on the ballot,"
said Neil Cook, commission chairman.
"I wouldn't agree to a special service district
without a vote," said Robert Steele, commissioner.
Val Jones, commissioner, was on vacation and was not
present for the discussion.
"As I said, it is up to you," said Eldridge. "But the
state statue requires a public hearing be held."
According to state statue, before a service district
may be established, the county clerk shall give notice of
the intention of the county or municipality to establish the
service district.
The notice of intention shall describe the boundaries
of the service district, generally describe the type or
types of services proposed to be provided within the service
district, state that taxes may be annually levied upon all
taxable property within the service district and that fees
and charges may be imposed to pay for all or a part of the
services to be provided by the service district, and
designate a time and place for a public hearing on the
establishment of the service district.
According to state code, a county or a municipality
may establish a special service district for the purpose of
providing within the area of the special service district
allowable services or any combination of them.
One of those services is recreation.
The governing authority of a county or of a
municipality, upon its own motion, may by resolution declare
that the public health, convenience, and necessity requires
the establishment of a service district.
The resolution shall describe the boundaries of and
the services to be provided within the proposed service
district and shall designate a name for the proposed service
district.
The governing authority of a county or municipality
shall adopt such a resolution, upon presentation to the
governing authority of a petition proposing the
establishment of a service district and setting forth the
boundaries of and the services to be provided within the
proposed service district, if the petition is approved by
the owners of 10 percent or more of the taxable value of the
taxable property included in the proposed service district
(as shown on the assessment rolls last completed before the
signing of the petition) or by 10 percent or more of the
qualified electors of the proposed service district (as
shown on the registration lists last made or revised).
Approval of the petition shall be evidenced by one or
more writings, attached to a copy of the petition, signed by
the property owners or electors and so designated, together
with their residence address and, in the case of property
owners, the address of or other description sufficient to
identify the property in the proposed service district owned
by them.
The notice of intention to establish a service
district shall be published at least once a week during
three consecutive weeks, the first publication to be not
less than 21 days nor more than 35 days before the hearing,
in a newspaper having general circulation in the county or
municipality proposing the establishment of the service
district.
A special service district established by a county may
contain all or a part of any municipality or of an existing
improvement district that provides the same service proposed
to be provided by the special service district, but only
with the consent of the governing authority as provided in a
resolution or ordinance adopted by the governing authority;
and a special service district may not include any area not
directly benefited by the services provided under this
section without the consent of the nonbenefited
landowner.
The governing authority of any special service
district created may create one or more improvement
districts within the boundaries of the special service
districts.
Any interested person may protest the establishment of
a service district or the furnishing of specified types of
services within a service district.
Protests may be made: orally at the hearing, or in
writing at the hearing; any time prior to the hearing; or
within 15 days after the conclusion of the hearing.
At the place, date, and time specified for the hearing
in the notice of intention, the county or municipal
governing authority shall give full consideration to all
protests that have been filed; and hear and consider all
interested persons desiring to be heard.
The governing authority shall abandon the proposed
establishment of the special service district or eliminate
those types of services objected to within the service
district, if written protests against establishing the
service district or against types of services proposed to be
offered by the district are filed by: more than 50 percent
of the qualified voters of the territory proposed to be
included within the service district; or the owners of more
than 50 percent of the taxable value of the taxable property
included within the proposed service district.
The entire code may be reviewed by going to:
http://www.code-co.com/utah/code/04/17a02_pc.htm.
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