17B-1-210 - Public hearing.
17B-1-210. Public hearing.
(1) The legislative body of each county and municipality with which a request is filed orthat adopts a resolution under Subsection 17B-1-203(1)(c) and the board of trustees of each localdistrict that adopts a resolution under Subsection 17B-1-203(1)(d) shall hold a public hearing or aset of public hearings, sufficient in number and location to ensure that no substantial group ofresidents of the proposed local district need travel an unreasonable distance to attend a publichearing.
(2) Each public hearing under Subsection (1) shall be held:
(a) no later than 45 days after:
(i) for a public hearing on a request, certification of a request under Subsection17B-1-206(1)(b)(i); or
(ii) for a public hearing on a resolution, adoption of a resolution under Subsection17B-1-203(1)(c) or (d);
(b) within the proposed local district;
(c) except as provided in Subsections (6) and (7), within the applicable area; and
(d) for the purpose of:
(i) for a public hearing on a request, allowing public input on:
(A) whether the requested service is needed in the area of the proposed local district;
(B) whether the service should be provided by the county or municipality or the proposedlocal district; and
(C) all other matters relating to the request or the proposed local district; or
(ii) for a public hearing on a resolution, allowing the public to ask questions of andobtain further information from the governing body holding the hearing regarding the issuescontained in or raised by the resolution.
(3) A quorum of each governing body holding a public hearing under this section shall bepresent throughout each hearing held by that governing body.
(4) Each hearing under this section shall be held on a weekday evening other than aholiday beginning no earlier than 6 p.m.
(5) At the beginning and end of each hearing concerning a resolution, the governing bodyshall announce the deadline for filing protests and generally explain the protest procedure andrequirements.
(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 (2)(c), are met as to each hearing.
(7) Notwithstanding Subsection (2)(c), a governing body may hold a public hearing or setof 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.
Renumbered and Amended by Chapter 329, 2007 General Session