§ 17B-1-409. Public hearing on proposed annexation.

(1) Except as provided in Sections 17B-1-413 and 17B-1-415, the board of trustees of each special district that certifies a petition that was filed under Subsection 17B-1-403(2)(c), receives a resolution adopted under Subsection 17B-1-403(3)(a), or adopts a resolution under Subsection 17B-1-403(3)(b) shall hold a public hearing on the proposed annexation and provide notice of the hearing as provided in Section 17B-1-410. (2) Each public hearing under Subsection (1) shall be held: (a) within 45 days after: (i) if no notice to a county or municipal legislative body is required under Section 17B-1-406, petition certification under Section 17B-1-405; or (ii) if notice is required under Section 17B-1-406, but no notice of intent is submitted by the deadline: (A) expiration of the deadline under Subsection 17B-1-407(1) to submit a notice of intent; or (B) termination of a suspension of the annexation proceeding under Subsection 17B-1-407(1)(b); (b) (i) for a special district located entirely within a single county: (A) within or as close as practicable to the area proposed to be annexed; or (B) at the special district office; or (ii) for a special district located in more than one county: (A) (I) within the county in which the area proposed to be annexed is located; and (II) within or as close as practicable to the area proposed to be annexed; or (B) if the special district office is reasonably accessible to all residents within the area proposed to be annexed, at the special district office; (c) on a weekday evening other than a holiday beginning no earlier than 6 p.m.; and (d) for the purpose of allowing: (i) the public to ask questions and obtain further information about the proposed annexation and issues raised by it; and (ii) any interested person to address the board regarding the proposed annexation. (3) A quorum of the board of trustees of the proposed annexing special district shall be present throughout each public hearing held under this section. (4) (a) After holding a public hearing under this section or, if no hearing is held because of application of Subsection 17B-1-413(2)(a)(ii), after expiration of the time under Subsection 17B-1-413(2)(a)(ii)(B) for requesting a hearing, the board of trustees may by resolution deny the annexation and terminate the annexation procedure if: (i) for a proposed annexation initiated by a petition under Subsection 17B-1-403(2)(a) or (c), the board determines that: (A) it is not feasible for the special district to provide service to the area proposed to be annexed; or (B) annexing the area proposed to be annexed would be inequitable to the owners of real property or residents already within the special district; or (ii) for a proposed annexation initiated by resolution under Subsection 17B-1-403(3)(a) or (b), the board determines not to pursue annexation. (b) In each resolution adopted under Subsection (4)(a), the board shall set forth its reasons for denying the annexation.