General Information

Government Type

County

Entity

Duchesne County

Public Body

Duchesne County Commission

Notice Information

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Notice Title

NOTICE OF INTENTION TO ESTABLISH THE PIONEER SPECIAL SERVICE DISTRICT

Notice Tags

Special Districts

Notice Type(s)

Notice

Event Start Date & Time

June 9, 2022 01:00 AM

Event Deadline Date & Time

07/18/22 09:00 AM

Description/Agenda

NOTICE OF INTENTION TO ESTABLISH THE PIONEER SPECIAL SERVICE DISTRICT NOTICE is hereby given to all interested persons that on June 6, 2022, the Board of County Commissioners of Duchesne County adopted a resolution declaring that the public health, convenience, and necessity require the establishment of a special service district, to be known as the Pioneer Special Service District (the District) (A) to provide the following services: Water (only secondary irrigation water for parcel 00-0031-4850); Sewerage; Drainage; Flood control; Street lighting; Receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease Funds, and expending those funds to be used in accordance with state and federal law; Control or abatement of earth movement or a landslide; An energy efficiency upgrade, a renewable energy system, or electric vehicle charging infrastructure as defined in Section 11-42a-102, in accordance with Title 11, Chapter 52a, Commercial Property Assessed Clean Energy Act, 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 (B) to provide for the holding of a public hearing on the proposed establishment of the District. In the event the District is created, then an election may be called by the Board of County Commissioners acting as the governing body of the District and if a majority of qualified electors voting at an election grant approval, then taxes may be annually levied upon all taxable property within the District. If the District is created, then, upon approval of the Board of the County Commissioners acting as the governing body of the District it may impose a special tax assessment on benefitted properties in the District to pay for public improvements. For services provided by the District, such as sewerage and other services, fees and charges may be imposed to pay for all or part of the services to be provided by the District. At this time, the Board of County Commissioners does not intend to allocate mineral lease funds to the District, but reserves that power for future consideration. The boundaries and service area of the proposed District shall include properties on either side of Highway 40 and immediately west of Sand Wash Road as more particularly described as follows: Parcel ID Acres 00-0007-6186 57.03 00-0007-6160 31.56 00-0035-1260 18.48 00-0035-1259 14.70 00-0029-5562 4.28 The public hearing to determine whether the District will be created shall be held on July 18, 2022, at 9:00 a.m. in the Commission Chambers of the Duchesne County Administration Building, 734 N. Main, Duchesne, Utah 84021. Any interested person may protest the establishment of the District either orally at said public hearing, or in a written protest filed with the Board of County Commissioners of Duchesne County. A protest must be in writing to preserve the protestor's ability to contest in court the creation of the District or the provision of a service that the District is proposed to provide. All written protests, or waivers and consents, 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 Board of County Commissioners of Duchesne County 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) 738-1150 with reasonable advance notice. Any written protest, or waiver and consent, 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 Board of County Commissioners 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, either by the expiration of 60 days or by waiver and consent received by the County from all effected residents and property owners, the Board of County Commissioners 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 Board of County Commissioners 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 Board of County Commissioners 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, OR WAIVER OF PROTEST AND CONSENT TO DESIGNATE THE DISTRICT, 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: JUNE 6, 2022 __/s/ _JoAnn Evans____________ County Clerk/Auditor

Notice of Special Accommodations (ADA)

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.

Meeting Information

Meeting Location

734 N Center St
Duchesne, UT 84021
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Contact Name

Melissa Hughes

Contact Email

melissa.hughes@duchesne.utah.gov

Contact Phone

(435)738-1139

Notice Posting Details

Notice Posted On

June 09, 2022 10:14 AM

Notice Last Edited On

June 09, 2022 10:14 AM

Deadline Date

July 18, 2022 09:00 AM

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