§ 17B-1-509. Notice of hearing and withdrawal.

(1) Unless it is held as an agenda item of a meeting of the board of trustees of a local district as allowed by Subsection 17B-1-508(2), before holding a public hearing under Section 17B-1-508, the board of trustees of the local district shall:

(a) mail notice of the public hearing and of the proposed withdrawal to:

(i) if the local district is funded predominantly by revenues from a property tax, each owner of private real property located within the area proposed to be withdrawn, as shown upon the county assessment roll last equalized as of the previous December 31;

(ii) if the local district is funded by fees based upon an allotment of acre-feet of water, each owner of private real property with an allotment of water located within the area proposed to be withdrawn, as shown upon the district's records; or

(iii) if the local district is not funded predominantly by revenues from a property tax or fees based upon an allotment of acre-feet of water, each registered voter residing within the area proposed to be withdrawn, as determined by the voter registration list maintained by the county clerk as of a date selected by the board of trustees that is at least 20 but not more than 60 days before the public hearing; and

(b) post notice of the public hearing and of the proposed withdrawal in at least four conspicuous places within the area proposed to be withdrawn, no less than five nor more than 30 days before the public hearing.

(2) Each notice required under Subsection (1) shall:

(a) describe the area proposed to be withdrawn;

(b) identify the local district in which the area proposed to be withdrawn is located;

(c) state the date, time, and location of the public hearing;

(d) state that the petition or resolution may be examined during specified times and at a specified place in the local district; and

(e) state that any person interested in presenting comments or other information for or against the petition or resolution may:

(i) prior to the hearing, submit relevant comments and other information in writing to the board of trustees at a specified address in the local district; or

(ii) at the hearing, present relevant comments and other information in writing and may also present comments and information orally.

Renumbered and Amended by Chapter 329, 2007 General Session