NOTICE OF INTENTION TO ADD SERVICES TO BE PROVIDED BY THE CARBON COUNTY RECREATION AND TRANSPORTATION SPECIAL SERVICE DISTRCT
NOTICE OF INTENTION TO ADD SERVICES TO BE PROVIDED BY THE CARBON
RECREATION AND TRANSPORTATION SPECIAL SERVICE DISTRCT
NOTICE IS HEREBY GIVEN THAT on December 28, 2011, the Board of
County Commissioners of Carbon County, Utah, adopted a Resolution
declaring that the public health, convenience, and necessity require
the addition of services to be provided by the Carbon County
Recreation and Transportation Special Service District, Carbon County,
Utah. The additional services proposed to be included are set forth
below. The Resolution also requires that a public hearing be held on
the proposed addition of services to be provided by the District.
Said hearing shall be held in the chambers of the Carbon County Board
of Commissioners, at 120 East Main Street, Price, Utah, at 5:30 p.m.,
on March 7, 2012.
DESCRIPTION OF THE BOUNDARIES OF THE DISTRICT
The District shall retain the same boundaries as present; to wit,
all of the unincorporated areas within the boundaries of Carbon
County, State of Utah, as of November 23, 1988.
DESCRIPTION OF THE PROPOSED ADDITIONAL SERVICES
In addition to the services currently provided by the District,
the Resolution proposes to authorize the District to provide the
following additional services:
1. Garbage collection and disposal;
2. Fire protection, including (a) emergency medical services,
ambulance services, and search and rescue services, if fire protection
service is also provided; (b) Firewise Communities programs and the
development of community wildfire protection plans; and (c) the
receipt of federal secure rural school funds as provided under Utah
Code Annotated Section 51-9-603 for the purposes of carrying out
Firewise Communities programs, developing community wildfire
protection plans, and performing emergency services, including
firefighting on federal land and other services;
3. Consolidated 911 and emergency dispatch;
4. Animal shelter and control;
5. Flood control;
6. Receiving federal mineral lease funds under Title 59, Chapter
21, and expending those funds to provide construction and maintenance
of public facilities, traditional governmental services, and planning,
as a means for mitigating impacts from extractive mineral industries.
If such additional services are added, the Special Service
District would be able to enter into contracts, and to purchase,
maintain, operate, acquire and construct such improvements and
property, both real and personal, as may be necessary to facilitate
these additional services.
TAXES, FEES, AND CHARGES
Pursuant to the provisions of the Utah Special Services District
Act, set forth in Utah Code Annotated Section 17D, Chapter 1, et seq.,
if the newly proposed services set forth herein are added to the
services to be provided by the District, the District may impose fees
and charges to pay for all or a part of the new services. It may also
annually levy taxes upon all taxable property within the District to
provide the new services, and may issue bonds for the acquisition
and/or construction of facilities or systems to provide said services;
provided, however, that said levy to provide said services or to repay
said bonds, must be authorized and approved by a majority of the
qualified electors of the District at an election for that purpose.
PUBLIC HEARING ON PROPOSED ADDITION OF SERVICES TO THE SPECIAL
On March 7, 2012, at the hour of 5:30 p.m., at 120 East Main
Street, Price, Utah, the Board of County Commissioner of Carbon
County, Utah will hold a public hearing to consider the addition of
the above described services to be provided by the Carbon County
Recreation and Transportation Special Service. At the public hearing,
the Board of County Commissioners shall give full consideration to
each written protest filed, and shall hear and consider each person
desiring to be heard. The Board of County Commissioners may continue
the hearing from time to time.
Any interested person may protest any or all of the additional
services proposed to be provided by the District.
Oral protests may be made at the public hearing as set forth
above. However, oral protests are not the same as written protests
and are not aggregated with or counted as adequate protests for the
purpose of defeating a resolution or ordinance to add services to the
Written protests may be filed with the Board of County
Commissioners by submitting the same to the following address:
Board of Carbon County Commissioners
c/o Robert P. Pero, Carbon County Clerk
120 East Main, Price, UT 84501
Written protests must be submitted no later than 15 days after
the date of the public hearing set forth above. Written protests must
be signed by the owner of real property within the District. All
written protests must explain why the owner is protesting, and must
specify which new service is being protested against. Written protests
may be withdrawn at any time before the County approves by ordinance
or resolution the addition of services to the District. Having
withdrawn a protest, a person may cancel the withdrawal until 30 days
after the public hearing.
Any protest signed by a person acting in a representative
capacity for an owner must indicate the person's representative
capacity and the name of the owner the person represents. The person
shall also provide documentation accompanying the protest that
reasonably substantiates the person's representative capacity. Where
title to any one parcel of real property is held in the name of more
than one person, the protest must be signed by owners representing a
majority ownership interest in that parcel. Where a parcel of real
property is owned by joint tenants or tenants by the entirety, the
protest must be signed by 50% of the number of owners of that parcel.
A duly appointed personal representative may sign a protest on behalf
of a deceased owner.
If owners of property within the District representing more than
33% of the taxable value of all taxable property within the District
timely file written protests to any proposed additional service to be
provided by the District, or if 33% of the registered voters within
the District timely file written protests to any proposed additional
service to be provided by the District, the Board of Commissioners may
not add to the District the service for which the protests were filed.
Within 30 days after the approval of an ordinance or resolution
adding additional services to be provided by the District, a person
who timely submitted a written protest with the Board of County
Commissioners against the addition of services to be provided by the
District, and who is a registered voter within the District or is an
owner of property within the boundaries of the District, may file an
action in the Seventh Judicial District Court of Utah in Carbon
County, Utah upon the grounds that the proceedings taken in the
addition of services to be provided by the District violated
applicable law, or upon the grounds that the person's property will
not be benefitted by the additional services authorized by the
resolution or ordinance to be furnished by the District.
GIVEN by order of the Board of County Commissioners of Carbon
County, Utah, this 28th day of December, 2011.
Published in the Sun Advocate January 31, February 7 and 14, 2012.
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