2006 Utah Code - 17A-2-319 — Authority for district\'s exercise of other powers than those provided in creation -- Procedure -- Hearing -- Appeals.

     17A-2-319.   Authority for district's exercise of other powers than those provided in creation -- Procedure -- Hearing -- Appeals.
     Any district heretofore or hereafter created or operating under this part or heretofore created under authority of Chapter 2, Part 3, and having authority to acquire and operate less than all of the facilities and systems specified in Section 17A-2-301, whether such authority was acquired under the proceedings creating said district or under subsequent proceedings, may nevertheless (but subject to the limitation appearing in Section 17A-2-301) acquire and operate any or all of the remaining facilities and systems specified in said sections and exercise all of the powers pertinent thereto.
     Before any such district shall so acquire any such additional facilities or system, if all or any part of the cost thereof is to be paid for from the proceeds of bonds payable in whole or in part from the proceeds of ad valorem taxes, the board of trustees of the district shall give notice of its intention to acquire the additional facilities or system, which notice shall generally describe the nature and extent of the improvement proposed and its estimated cost (which estimate, however, shall not constitute a limitation upon the cost of the improvements thereafter constructed), the estimated amount of bonds it is proposed to issue (which estimate shall not be a limitation on the amount of bonds thereafter issued), and state that such bonds are in the discretion of the board to be payable in whole or in part from ad valorem taxes. Notice of such intended hearing shall be given by publication one time in a newspaper having general circulation in the district, which publication shall be made not less than 15 days prior to the date fixed for the hearing. All interested persons may appear at the hearing either in support of or in opposition to the acquisition of such facilities or system and may be heard on the question of the adequacy of the benefits to accrue to any property in the district owned by them. At the conclusion of the hearing, or at any meeting to which the hearing may have been adjourned, the board of trustees shall adopt a resolution either finding that the proposed improvements will not sufficiently benefit the taxable property in the district and should be abandoned, or that the taxable property in the district will be sufficiently benefited and that such an improvement shall be acquired. Any property owner who is aggrieved by the determination of the board of trustees may within 15 days after the adoption of such resolution apply to the district court of the judicial district in which his taxable property in the district is located for a writ of review of the determination of the board of trustees, but only upon the ground that his property will not be benefited by the proposed improvements. A failure to apply for such writ of review within said time shall foreclose all owners of property within the district from the right further to object thereto.

Renumbered and Amended by Chapter 186, 1990 General Session