NOTICE OF INTENTION TO ESTABLISH UPPER COMMUNITY RECREATION DISTRICT
NOTICE IS HEREBY GIVEN that, on October 28, 2013, the Board of County Commissioners of Duchesne County, Utah adopted a resolution declaring that the public health, convenience and necessity require the establishment of a special service district, to be called the “Upper Community Recreation District”, for the purpose of providing recreation services and performing such duties as are ancillary to the primary purpose of recreation services within the boundaries of the district. The Resolution also provides for a public hearing on the establishment of the district in the county, to be held at the Altamont High School auditorium, Altamont, Utah, at 7:00 p.m. on Wednesday, December 4, 2013.
DESCRIPTION OF THE PROPOSED DISTRICT
The district shall have the following boundaries:
TOWNSHIP 5 NORTH, RANGE 1 WEST
Parts of Sections 19-22
Sections 27-34
TOWNSHIP 5 NORTH, RANGE 2 WEST
Parts of Sections 19-24
Sections 25-36
TOWNSHIP 5 NORTH, RANGE 3 WEST
Parts of Sections 14-18
Sections 19-22
Part of Sections 23-24
Sections 25-36
TOWNSHIP 5 NORTH, RANGE 4 WEST
Parts of Sections 13-14
Part of Sections 21-24
Sections 25-27
Part of Section 28
Part of Sections 30-31
Section 32-36
TOWNSHIP 5 NORTH, RANGE 5 WEST
Parts of Sections 33, 35, 36
TOWNSHIP 4 NORTH, RANGE 1 WEST
Sections 3-10
Sections 15-22
Sections 27-34
TOWNSHIP 4 NORTH, RANGE 2 WEST
Sections 1-36
TOWNSHIP 4 NORTH, RANGE 3 WEST
Sections 1-36
TOWNSHIP 4 NORTH, RANGE 4 WEST
Sections 1-36
TOWNSHIP 4 NORTH, RANGE 5 WEST
Sections 1-2
Parts of Sections 3-6
Section 7-36
TOWNSHIP 4 NORTH, RANGE 6 WEST
Parts of Sections 1-3
Parts of Sections 8-12
Section 13-17
Section 20-29
Section 32-36
TOWNSHIP 3 NORTH, RANGE 1 WEST
Sections 3-10
Sections 15-22
Sections 27-34
TOWNSHIP 3 NORTH, RANGE 2 WEST
Sections 1-36
TOWNSHIP 3 NORTH, RANGE 3 WEST
Sections 1-36
TOWNSHIP 3 NORTH, RANGE 4 WEST
Sections 1-36
TOWNSHIP 3 NORTH, RANGE 5 WEST
Sections 1-36
TOWNSHIP 3 NORTH, RANGE 6 WEST
Sections 1-5
Sections 8-17
Sections 20-29
Sections 32-36
TOWNSHIP 2 NORTH, RANGE 1 WEST
Sections 3-10
Sections 15-22
Sections 27-34
TOWNSHIP 2 NORTH, RANGE 2 WEST
Sections 1-20
Parts of Sections 21-22
Sections 23-25
Parts of Sections 26-29
Section 30-31
Parts of Sections 32-36
TOWNSHIP 2 NORTH, RANGE 3 WEST
Sections 1-36
TOWNSHIP 2 NORTH, RANGE 4 WEST
Sections 1-36
TOWNSHIP 2 NORTH, RANGE 5 WEST
Sections 1-36
TOWNSHIP 2 NORTH, RANGE 6 WEST
Sections 1-5
Sections 8-17
Sections 20-29
Sections 32-36
TOWNSHIP 1 NORTH, RANGE 1 WEST
Sections 1
Parts of Sections 2-3, 12
TOWNSHIP 1 NORTH, RANGE 2 WEST
Parts of Section 5
Sections 6-7
Parts of Sections 8, 17
Sections 18-19
Parts of Section 20-21
Parts of Section 28
Section 29-32
Partial Section of 33
TOWNSHIP 1 NORTH, RANGE 3 WEST
Sections 1-36
TOWNSHIP 1 NORTH, RANGE 4 WEST
Sections 1-36
TOWNSHIP 1 NORTH, RANGE 5 WEST
Sections 1-36
TOWNSHIP 1 NORTH, RANGE 6 WEST
Sections 1-5
Sections 8-17
Sections 20-29
Sections 32-36
TOWNSHIP 1 SOUTH, RANGE 2 WEST
Sections 6-7, 18-19, 30-31
TOWNSHIP 1 SOUTH, RANGE 3 WEST
Sections 1-36
TOWNSHIP 1 SOUTH, RANGE 4 WEST
Sections 1-36
TOWNSHIP 1 SOUTH, RANGE 5 WEST
Sections 1-36
TOWNSHIP 1 SOUTH, RANGE 6 WEST
Sections 1-5
Sections 8-17
Sections 20-29
Sections 32-36
TOWNSHIP 2 SOUTH, RANGE 2 WEST
Parts of Sections 5-6
TOWNSHIP 2 SOUTH, RANGE 3 WEST
Parts of Sections 1
Sections 2-10
Parts of Sections 11-12, 15
Sections 16-21
Part of Sections 22
Section 28-33
Parts of Section 34
TOWNSHIP 2 SOUTH, RANGE 4 WEST
Sections 1-36
TOWNSHIP 2 SOUTH, RANGE 5 WEST
Sections 1-18
Parts of Sections 19-21
Sections 22-26
Parts of Sections 27, 35, 36
TOWNSHIP 2 SOUTH, RANGE 6 WEST
Sections 1-12
Part of Section 13
Sections 14-17
Parts of Sections 20-24
TOWNSHIP 3 SOUTH, RANGE 3 WEST
Parts of Sections 4
Sections 5-8
Parts of Sections 17-18
TOWNSHIP 3 SOUTH, RANGE 4 WEST
Sections 1-5
Parts of Sections 6, 11-14
TOWNSHIP 3 SOUTH, RANGE 5 WEST
Parts of Section 1
Including Altamont City
*To view a map of the proposed areas, please visit the Duchesne County Website.
PROPOSED SERVICES
The district will be authorized to provide recreation services within the boundaries of the district, together with acquisition of all properties, facilities, equipment and appurtenances therefore.
METHODS OF FINANCING AND GENERAL POWERS
Pursuant to the provisions of the Special Service District Act, Title 17D, Chapter 1, Utah Code Annotated (1953), as amended, and Article XI, Section 7 of the Constitution of Utah, the district may annually impose fees and charges to pay for some or all of the services to be provided by the district. It may also annually levy taxes upon all taxable property within the district to provide the proposed services, and exercise any and all other powers set forth in Utah Code Annotated Section 17D-1-103.
PROTESTING AGAINST THE CREATION OF THE SPECIAL SERVICE DISTRICT OR AGAINST A SERVICE THE SPECIAL SERVICE DISTRICT IS PROPOSED TO PROVIDE
An interested person may protest the creation of the special service district or a service that the special service district is proposed to provide. Each protest shall be in writing, shall be submitted to the Board of County Commissioners of Duchesne County no later than 60 days after the public hearing described herein and shall explain why the person is protesting. A person submitting a written protest may withdraw the protest, or, having withdrawn a protest, cancel the withdrawal, no later than 60 days after the public hearing described herein. The Board may not adopt a resolution or ordinance creating the special service district, or authorizing the district to provide a service, if adequate protests, as defined by Utah Code Annotated Section 17D-1-102(1), are filed with respect to the creation of the district or provision of that service. A parcel of real property may not be included for purposes of calculating adequate protests unless the protest is signed by owners representing a majority ownership in that parcel, or, if the property is owned by joint tenants or tenants by the entirety, by 50% of the number of owners of that parcel. The signature of a person signing a protest in a representative capacity on behalf of an owner is invalid unless the person’s representative capacity and the name of the owner the person represents are indicated on the protest with the person’s signature, and the person provides documentation accompanying the protest that reasonably substantiates the person’s representative capacity. Subject to the aforesaid requirements set forth for persons signing in a representative capacity, a duly appointed personal representative may sign a protest on behalf of a deceased owner.
Subject to the provisions of Title 17D, Chapter 1, Part 2, Utah Code Annotated (1953), as amended, prohibiting or restricting the same, the Board may adopt a resolution or ordinance establishing the Upper Community Recreation District as proposed. The Board may, in its discretion, change the boundaries of the district and/or change the services to be provided by the district.
A person may file an action in district court challenging the creation of the district or a service the district is proposed to provide, if the person filed a written protest, in conformity with the requirements set forth above, and either is a registered voter within the district and alleges in the action that the procedures used to create the district violated applicable law, or is an owner of property included within the boundary of the district and alleges in the action that the person’s property will not be benefitted by the service that the district is proposed to provide or the procedures used to create the district violated applicable law. Any court action must be filed within 30 days after the date of the adoption of a resolution or ordinance creating the district. If a court action is not filed within said 30 days, a registered voter or property owner within the district may not contest the creation of the district or a service that it is proposed to provide.
PUBLIC HEARING ON PROPOSED ESTABLISHMENT OF SPECIAL SERVICE DISTRICT
The Board of County Commissioners of Duchesne County will hold a public hearing on the establishment of the district and the providing of recreational services within the district at the Altamont High School auditorium, Altamont, Utah, at 7:00 p.m., on Wednesday, December 4, 2013. At said public hearing, the Board of County Commissioners will give full consideration to each written protest that has been filed and hear and consider all interested persons desiring to be heard. The Board may continue the hearing to another date and time.
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 the Duchesne County Clerk's Office. (435) 738-1103
Notice of Electronic or Telephone Participation
Pursuant to UCA 52-4-207 - no electronic or telephonic participation is available for the meeting.