OCR Text |
Show privileges and responsibilities respon-sibilities appertaining thereto. Upon annexation. annexa-tion. Clearfield City shall be entitled to have a representative appointed to the Admi-nistrative Admi-nistrative Control Board established under the Utah Special Service District Act. GIVEN by order of the Board of County commissioners of Davis County, Utah, this 22 day of December, Decem-ber, 1986. Chairman, Board of County Commissioners, Davis County: Harry B. Gerlach Sr. Attest: Michael G. Allphin Davis County Clerk Published in the Davis Reflex Journal First publication Dec. 30, 1986 Last publication Jan. 13, 1987 Issue No. 52 R-347 Published in the Davis County Clipper First publication Dec. 30, 1986 Last publication Jan. 15, 1987 Issue No. 52 C-647 further described as being north and west of the corporate boundaries bound-aries of Layton City, east of the corporate boundaries of Syracuse Syra-cuse and West Point Cities, south of the corporate boundaries of Sunset and Clinton Cities and also south and west of the corporate corpo-rate boundaries of Hill Air Force Base. The property located lo-cated within the corporate corpo-rate boundaries of Layton City is also described de-scribed as being within the Davis County tax district number 13 on file in the office of the Davis County Recorder. Re-corder. Pursuant to the provisions pro-visions of the Utah Special Service District Dis-trict Act (Chapter 23, of Title II, Utah Code Ann. (1953) as amended), and of Article Arti-cle XIV, Section 8, of the Utah Constitution, the Davis County Solid Waste Management and Energy Recovery Special Service District Dis-trict may annually levy taxes upon all taxable property within its boundaries, and may impose fees and charges to pay for all or part of the garbage services ser-vices to be provided by the District. THE UTAH SPECIAL SERVICE DISTRICT ACT PROVIDES, HOWEVER. THAT NO TAX MAY BE LEVIED AND NO BONDS OF THE DAVIS COUNTY SOLID WASTE MANAGEMENT AND ENERGY RECOVERY RE-COVERY SPECIAL SERVICE DISTRICT WHICH ARE PAYABLE PAY-ABLE IN WHOLE OR IN PART FROM TAXES TO BE LEVIED ON THE TAXABLE PROPERTY PROPER-TY IN THE DAVIS COUNTY SOLID WASTE MANAGEMENT MANAGE-MENT AND ENERGY ENER-GY RECOVERY SPECIAL SERVICE DISTRICT SHALL BE ISSUED UNLESS UN-LESS AUTHORIZED BY A MAJORITY OF THE QUALIFIED ELECTORS OF THE DAVIS COUNTY SOLID WASTE MANAGEMENT AND ENERGY RECOVERY RE-COVERY SPECIAL SERVICE DISTRICT VOTING AT AN ELECTION HELD FOR THAT PURPOSE PUR-POSE AS PROVIDED IN THE UTAH SPECIAL SPE-CIAL SERVICE DISTRICT DIS-TRICT ACT. All interested parties par-ties may appear before the Board at the above time and place and be heard either in support of or in opposition to the annexation of Clearfield City to the Davis County Solid Waste Management and Energy Recovery Special Service District Dis-trict or the furnishing of garbage services thereby, and may on or before said date protest pro-test against the annexation anne-xation of Clearfield City to the Davis County Solid Waste Management and Energy Recovery Special Spe-cial Service District or the furnishing of garbage gar-bage services thereby, in writing filed with the County Clerk of Davis County, Utah. Any protest may be withdrawn with-drawn by the protes-tant protes-tant at any time before the Board annexes or abandons the annexation annexa-tion referred to in this Notice. At the place and on the date and time above specified, the Board will give full consideration to all protests which shall have been filed and will hear and consider all interested persons desiring to be heard. The Board may continue con-tinue the hearing from time to time. After the conclusion of the hearing hear-ing and after the time for filing protests as described below, the Board shall ADOPT A RESOLUTION EITHER ANNEXING ANNEX-ING Clearfield City to the Davis County Solid Waste Management and Energy Recovery Special Service District Dis-trict or determining that the proposal to annex should be aban doned. The Board may, in its discretion, reduce the boundaries of the proposed annexation, anne-xation, but the boundaries bound-aries of the proposed annexation may not be increased, nor additional addi-tional types of services added without the giving giv-ing of a new notice of intention and the holding hold-ing of the new hearing. No additional area, however, shall be annexed and the governing gov-erning authority shall abandon the annexation annexa-tion proceedings if the owners of more than 50 of the assessed value of the taxable property within the area to be annexed, or if more than 50 of the assessed value of the taxable property within with-in the established district dis-trict (as determined from the owners, properties, prop-erties, and assessed value shown on the assessment roles last completed prior to the adoption of the resolution resolu-tion proposing the annexation), or more than 50 of the qualified qual-ified electors of the area to be annexed or more than 50 of the qualified electors of the established district (as determined from the registration lists last made or revised) file written protests to the annexation at or prior to the hearing regarding re-garding it. Any person who files a written protest within the period specified spe-cified above with the County Clerk of Davis County, Utah, and a qualified voter residing within the Davis County Coun-ty Waste Management and Energy Recovery Special Service District Dis-trict or those prop erties located within the territory to be annexed to the Special Service District may within thirty (30) days after the adoption of the resolution annexing annex-ing Clearfield City to the Special Service District, apply to the District Court of the Second Judicial District Dis-trict for a writ of review re-view of the actions of the Board in annexing Clearfield City to the Davis County Solid Waste Management and Energy Recovery Special Service District. Dis-trict. Under Section 11-23-11(2), Utah Code Ann. ( 1953) as amended, the only grounds upon which a person may apply for a writ of review are that the protestor's property proper-ty will not be benefitted benefit-ted by one or more of the types of services authorized to be furnished fur-nished by the Service District or that the pro-ceedings pro-ceedings taken in establishing the Service Ser-vice District have not been in compliance with law. A FAILURE TO TIMELY APPLY FOR A WRIT OF RE-VI RE-VI EW FORECLOSES FORE-CLOSES THE RIGHT OF ALL OWNERS OF PROPERTY PROP-ERTY OR QUALIFIED QUAL-IFIED VOTERS WITHIN THE PROPOSED PROP-OSED AREA TO BE ANNEXED TO FURTHER OBJECT THERETO. Any protest signed on behalf of a corporation corpora-tion owning property in the area proposed to be annexed to the Davis County Solid Waste Management and Energy Recovery Special Service District Dis-trict shall be sufficient if it is signed by the president, vice-president, vice-president, or any duly authorized agent of the corporation. Where title ti-tle to any property is held in the name of more than one person, all of the persons holding hold-ing title to the property must join in the signing of the protest. Upon the adoption of the resolution annexing Clearfield City to the Davis County Solid Waste, Management and Energy Recovery Special Spe-cial Service District, Clearfield City shall thereafter be annexed to and become a part of the Davis County Solid Waste Management and Energy Recovery Special Service District, Dis-trict, with all rights. NOTICE OF INTENTION TO ANNEX CLEARFIELD CITY TO THE DAVIS COUNTY SOLID WASTE MANAGEMENT AND ENERGY RECOVERY SPECIAL SERVICE DISTRICT. Notice is hereby given to all persons interested in-terested that on December De-cember 22. 1986, the Board of County Commissioners Com-missioners of Davis County, Utah, "The Board," adopted a resolution re-solution declaring that the public health, convenience, con-venience, and necessity necessi-ty makes it desirable for the Davis County Solid Waste Management Manage-ment and Energy Recovery Re-covery Special Service District to annex Clearfield City for the purpose of providing garbage services within with-in the area thereof, and providing for the holding hold-ing of a public hearing on the annexation of Clearfield City to the Special Service District Dis-trict at a regular meeting meet-ing place of the Board in the Davis County Courthouse, 28 East State Street, Farming-ton. Farming-ton. Utah 84025, at 3:00 p.m. on January 26, 1987. The boundaries proposed for annexation annexa-tion to the Davis County Coun-ty Solid Waste Management Man-agement and Energy Recovery Special Service Ser-vice District are coterminous coter-minous with the corporate corpo-rate boundaries of Clearfield City, Utah, V which corporate s boundaries are located entirely within Township. Town-ship. 4 North, Range I West, Township 4 North , 2 West and Township 5 North Range 2 West Salt Lake Base and Meridian. Meri-dian. The property is |