NOTICE OF INTENTION TO ESTABLISH THE SOUTH CACHE VALLEY RECREATION SPECIAL SERVICE DISTRICT
Notice Tags
Indoor Recreation
Notice Type(s)
Notice
Event Start Date & Time
November 6, 2025 06:30 PM
Event End Date & Time
November 6, 2025 10:00 PM
Description/Agenda
NOTICE OF INTENTION TO ESTABLISH THE SOUTH CACHE VALLEY RECREATION SPECIAL SERVICE DISTRICT
NOTICE is hereby given to all interested persons that on August 21, 2025, the City Council of Nibley City adopted a resolution declaring that the public health, convenience, and necessity require the establishment of a special service district, to be known as the South Cache Valley Recreation Special Service District (the District) to provide the following services: recreation services, together with all services and functions ancillary thereto and/or necessary and proper to carry out and provide the named services within the District's boundaries, and providing for the holding of a public hearing on the proposed establishment of the District.
In the event the District is created, then it is possible that an election may be called and if a majority of qualified electors voting at an election grant approval, then and only then, taxes may be annually levied upon all taxable property within the District. For services provided by the District, such as recreational facilities and activities, fees and charges may be imposed to pay for all or part of the services to be provided by the District. It is the intent of the City Council that the charges for services to be provided by the District will be sufficient to pay for those services.
The boundaries and service area of the proposed District are the incorporated boundaries of Nibley City as of the date that the District may be established and designated by the Utah Lieutenant Governor's Office..
In the event other cities desire to be part of the proposed District and authorize such, then the boundaries of the District may include the boundaries of those cities as well.
The public hearing to determine whether the District will be created shall be held on November 6, 2025, at 6:30 in the City Council Chambers, 455 W., 3200 S., Nibley, Utah. Any interested person may protest the establishment of the District either orally at said public hearing, or in a written protest filed with the City Recorder. A protest must be in writing to preserve the protestor's ability to contest the creation of the District in court. All written protests must be filed within 60 days after the conclusion of said public hearing, and all withdrawals of a protest or cancellations of withdrawals must likewise be filed within 60 days after the conclusion of said public hearing. The City Council of Nibley City will hear all interested persons desiring to be heard and will give full consideration to all protests at the public hearing. If special accommodations are required, please call (435) 752-0431 with reasonable advance notice.
Any written protest made by 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.
By law, the City Council may not create the District if, within 60 days after the conclusion of said public hearing, either at least twenty-five percent (25%) of registered voters within the District file protests or the owners of at least twenty-five percent (25%) of the private land area within the District, which amounts to at least fifteen percent (15%) of the value of all private real property within the District, file protests.
After the public hearing and 60-day protest period closes, the City Council will adopt a resolution either establishing the District, amending the District or abandoning the establishment of the District. A resolution approving the establishment of the District may contain any changes from the initial resolution or this notice of intention the City Council 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 City Council 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 qualified voter residing within, or owning property within, the District, may petition the district court within 30 days after the adoption of said creation resolution for a writ of review. The grounds for such a petition are limited to: (1) a claim that the petitioner's property will not be benefited by the services to be provided by the District; and (2) a claim that the procedures used to establish the District violated the 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 A PETITION FOR A WRIT OF REVIEW. FAILURE TO TIMELY FILE A PETITION FOR WRIT OF REVIEW FORECLOSES ANY RIGHTS TO THEREAFTER OBJECT TO THE ESTABLISHMENT OF THE DISTRICT.
DATED August 21, 2025 __/s/___Cheryl Bodily_________________
City Recorder
Notice of Special Accommodations (ADA)
NOTICE OF SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Cheryl Bodily at 435-752-0431.