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2006 Utah Code - 17A-2-622 — Petition for bond election -- Petition requirements -- Notice and hearing -- Election regarding issuance of bonds.

     17A-2-622.   Petition for bond election -- Petition requirements -- Notice and hearing -- Election regarding issuance of bonds.
     (1) After a fire protection district has been created, a petition may be presented to the fire protection district board of trustees requesting the board to order an election to determine whether the bonds of the district shall be issued to the amount and for the purpose or purposes stated in the petition.
     (2) (a) Each petition under Subsection (1) shall be signed by 25% or more of the holders of title of real property, or documentary evidence of title, within the boundaries of the district whose names appear as such upon the last county assessment roll.
     (b) If the petition is signed by all of the holders of title or documentary evidence of title within the boundaries of the district, a hearing on the petition and election shall be dispensed with.
     (3) (a) The board of trustees shall set a time and place for hearing upon the petition, which shall be not less than four nor more than six weeks from the date of the filing.
     (b) The board of trustees shall publish a notice of the time of the hearing once each week for three successive weeks, previous to the time of the hearing, in a newspaper published within the county, or if there is no newspaper so published, then by posting the notice in at least three public places in the district for a period of 15 days.
     (c) Each notice under Subsection (3)(b) shall state that any taxpayer within the district may appear on the date fixed for the hearing and offer objection to the issuance of bonds of such district.
     (4) (a) At the time and place fixed for the hearing on the petition or at any adjournment or adjournments of the hearing, which shall not extend the time for determining the petition for more than 30 days in all from the original date of hearing, the board of trustees shall hear the petition and all competent and relevant evidence, oral or written, in support of or in objection to the petition.
     (b) The board of trustees shall, after a full hearing, determine whether an election should be held on the question of issuing the bonds.
     (5) Adoption of a resolution calling the election, determination of voters' qualifications, notice and conduct of the election, and the canvass of election results shall be accomplished in the manner prescribed in Title 11, Chapter 14, Local Government Bonding Act. The fire protection district board of trustees, for purposes of the election, may treat the entire district as a single precinct or divide the district into several precincts and it may fix such polling places as they consider appropriate.

Amended by Chapter 105, 2005 General Session

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