§ 32-1-204 — Public hearing on service plan - procedures - decision

(1) The
board of county commissioners shall provide written notice of the date, time, and
location of the hearing to the petitioners and the governing body of any existing
municipality or special district that has levied an ad valorem tax within the next
preceding tax year and that has boundaries within a radius of three miles of the
proposed special district boundaries, which governmental units shall be interested
parties for the purposes of this part 2. The board of county commissioners shall
make publication of the date, time, location, and purpose of the hearing, the first of
which shall be at least twenty days prior to the hearing date. The board of county
commissioners shall include in the notice a general description of the land
contained within the boundaries of the proposed special district and information
outlining methods and procedures pursuant to section 32-1-203 (3.5) concerning
the filing of a petition for exclusion of territory; except that, if the hearing is to
review a service plan for a health service district, health assurance district, or early
childhood development service district, the notice shall not include information
regarding filing a petition for exclusion of territory. The publications shall
constitute constructive notice to the residents and property owners within the
proposed special district who shall also be interested parties at the hearing.

(1.5) Not more than thirty days nor less than twenty days prior to the hearing
held pursuant to this section, the petitioners for the organization of the special
district shall send letter notification of the hearing to the property owners within
the proposed special district as listed on the records of the county assessor on the
date requested unless the petitioners represent one hundred percent of the
property owners. The notification shall indicate that it is a notice of a hearing for the
organization of a special district and shall indicate the date, time, location, and
purpose of such hearing, a reference to the type of special district, the maximum
mill levy, if any, or stating that there is no maximum that may be imposed by the
proposed special district, and procedures for the filing of a petition for exclusion
pursuant to section 32-1-203 (3.5). Except when no mailing is required, the mailing
of the letter notification to all addresses or post office box addresses within the
proposed special district shall constitute a good-faith effort to comply with this
subsection (1.5), and failure to notify all electors thereby shall not provide grounds
for a challenge to the hearing being held.

(2) (a) If there is a county planning commission or a regional planning
commission in lieu thereof, the service plan submitted by the petitioners for the
organization of the proposed special district shall be delivered by the county clerk
and recorder to such planning commission. The county planning commission or
regional planning commission shall study such service plan and present its
recommendations consistent with this part 2 to the board of county commissioners
within thirty days following the filing of the service plan with the county clerk and
recorder.

(b) Notwithstanding subsection (2)(a) of this section, the service plan of a
proposed health service district, health assurance district, or early childhood
development service district shall not be delivered to the planning commission for
study or recommendations unless specifically requested by the petitioners. If the
petitioners do not request that the service plan be delivered to the planning
commission, the clerk and recorder shall deliver the service plan to the board of
county commissioners and the planning commission shall not be required to study
the service plan or to present recommendations to the board of county
commissioners pursuant to subsection (2)(a) of this section.

(3) The hearing held by the board of county commissioners shall be open to
the public, and a record of the proceedings shall be made. All interested parties as
defined in this section shall be afforded an opportunity to be heard under such rules
of procedure as may be established by the board of county commissioners. Any
testimony or evidence which in the discretion of the board of county commissioners
is relevant to the organization of the proposed special district shall be considered.

(4) Within twenty days after the completion of the hearing, the board of
county commissioners shall advise the petitioners for the organization of the
proposed special district in writing of its action on the service plan. If the service
plan is approved as submitted, a resolution of approval shall be issued to the
petitioners. If the service plan is disapproved, the specific detailed reasons for such
disapproval shall be set forth in writing. If the service plan is conditionally
approved, the changes or modifications to be made in, or additional information
relating to, the service plan, together with the reasons for such changes,
modifications, or additional information, shall also be set forth in writing, and the
proceeding shall be continued until such changes, modifications, or additional
information is incorporated in the service plan. Upon the incorporation of such
changes, modifications, or additional information in the service plan of the proposed
special district, the board of county commissioners shall issue a resolution of
approval to the petitioners.

Legislative History

Source: L. 81: Entire article R&RE, p. 1549, � 1, effective July 1. L. 85: (1.5) added, p. 1106, � 1, effective January 1, 1986. L. 91: (1), (1.5), and (2) amended, p. 782, � 4, effective June 4. L. 96: (1.5) amended, p. 309, � 7, effective April 15. L. 2007: (1) and (2) amended, p. 1188, � 5, effective July 1. L. 2019: (1) and (2)(b) amended, (HB 19-1052), ch. 72, p. 258, � 4, effective August 2.