NOTICE OF INTENTION TO
ANNEX ADDITIONAL PROPERTY INTO THE BOUNDARIES AND SERVICE AREA OF THE CEDARVIEW-MONTWELL SPECIAL SERVICE DISTRICT
NOTICE IS HEREBY GIVEN pursuant to the provisions of Article XI, Section 8 of the Utah Constitution and Section 17D-1-101 et seq. of the Utah Code (the Act)” to all interested persons that on February 13, 2017, the Board of County Commissioners (the “Commission”) of Duchesne County, Utah adopted a resolution declaring the public health, convenience, and necessity require theamendment and enlargement of the boundaries of the Cedarview-Montwell Special Service District (the“District”) by annexing certain property located in Duchesne County, Utah into the boundaries and service area of the District, and providing for the holding of a public hearing on the proposed annexation of property into the District.
The boundaries and service area of the proposed annexation into the District shall be expanded to include the following property located in Duchesne County, Utah, which property is more particularly defined in the public land records kept by the Duchesne County Clerk/Auditor:
Parcel 00-0004-0190; Parcel 00-0027-3262; Parcel 00-0004-0182; Parcel 00-0004-0216; Parcel 00-0030-1683; Parcel 00-0004-0174; Parcel 00-0034-5151; Parcel 00-0004-0166; Parcel 00-0026-2273; Parcel 00-0026-2190; Parcel 00-0028-5340; Parcel 00-0035-0167; Parcel 00-0026-4543; Parcel 00-0005-5297; Parcel 00-0026-4535; Parcel 00-0005-5321; Parcel 00-0005-5339; Parcel 00-0005-5305; Parcel 00-0005-5313; Parcel 00-0028-4541;
A map showing the affected areas may be found at the Duchesne County Clerk/Auditor office. No additional services are to be provided by the District. The services the District has previously provided shall be provided to the property proposed for annexation, namely to provide culinary water services, together with all services and functions ancillary thereto and/or necessary and proper to carry out and provide the named services. Taxes may be annually levied upon all taxable property within the District. Should the proposed annexation be approved, such taxes may be levied upon property within the area proposed to be annexed into the District. Fees and charges may be imposed to pay for some or all of the services that the District provides. Should the proposed annexation be approved, such fees and charges may be imposed upon property within the area proposed to be annexed into the District.
NOTICE IS FURTHER GIVEN that the Commission called a public hearing for April 4, 2017, at 1:30 p.m., or as soon thereafter as feasible, at the County Administration Building at 734 North Center Street, Duchesne, Utah. Any interested person may protest the annexation of the above-referenced land into the District’s boundaries and service area either orally at said public hearing, or in a written protest filed with the Duchesne County Clerk/Auditor. A protest must be in writing to preserve the protestor’s ability to contest the expansion of the District. All written protests must be filed within 60 days after the conclusion of said public hearing and all withdrawals or cancellations of withdrawals must be filed within 60 days after the conclusion of said public hearing. The Commission will hear all interested persons desiring to be heard and will give full consideration to all protests. If special accommodations are required, please call 435.738.1100 with reasonable advance notice.
Any written protest, pursuant to the provisions of Article XI, Section 8 of the Utah Constitution and Section 17D-1-206et seq. of the Utah Code (the Act)”, which requires an individual signing in a representative capacity on behalf of a property owner is only valid where the individual’s representative capacity and the name of the owner represented by the individual are indicated on the protest signed by the individual and the individual provides documentation accompanying the protest that reasonably substantiates the individual’s representative capacity.Where property within the proposed District is owned by more than one person or entity, a majority of owners (or in the case of a joint tenancy or tenancy by the entirety, 50% of the owners) must sign the protest for the protest to be valid.
If, within 60 days after the conclusion of said public hearing, owners of 25% or more of total private land area within the applicable area and that is equal in value to at least 15% of the value of all private real property within the applicable area or registered voters residing within the applicable area equal in number to at least 25% of the number of votes cast in the applicable area for the office of President of the United States at the most recent election prior to the adoption of the resolution file written protests against the annexation of additional property into the boundaries and service area of the District herein described, the Commission may not adopt a resolution or ordinance effecting the annexation herein contemplated.
NOTICE IS FURTHER GIVEN that after the public hearing and after the 60-day protest period closes without written and adequate protest being filed, the Commission may adopt a resolution or ordinance approving the annexation herein contemplated. Such a resolution or ordinance approving the annexation herein contemplated may contain any changes from the initial resolution or this notice of intention the Commission determines to be appropriate, including reduction of boundaries of the District and elimination of one or more of the types of services proposed. The boundaries of the District may not be increased nor additional types of services added unless the Commission gives a new notice of intention and holds a new public hearing.
Any person who shall have timely filed a written protest and who is a registered voter residing within the District may file an action in district court within 30 days after the adoption of said resolution or ordinance effecting the annexation herein described that alleges the procedures used to effect the annexation violated applicable law. Any person who shall have timely filed a written protest and who owns property within the District may file an action in district court within 30 days after the adoption of said resolution or ordinance effecting the annexation herein described that alleges either that the person’s property will not be benefitted by the annexation herein described or that the procedure used to effect the annexation herein described violated applicable law.
FAILURE TO TIMELY FILE A WRITTEN PROTEST PRECLUDES THE PROTEST FROM BEING INCLUDED IN THE 25% CALCULATION DISCUSSED ABOVE AND THE PROTESTOR FROM FILING AN ACTION IN DISTRICT COURT. FAILURE TO TIMELY FILE A PETITION FOR WRIT OF REVIEW FORECLOSES ANY RIGHTS TO OBJECT THEREAFTER TO THE AMENDMENT OF THE DISTRICT.
DATED: February 13, 2017/s/ SIGNATURE______
County Clerk/Auditor
Published on March 7, 14, 21 & 28, 2017