10-2-501. Municipal disconnection -- Definitions -- Request for disconnection -- Requirements upon filing request -- Notice.

306 words·~1 min read·/ut/title-10/chapter-2/10-2-501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)As used in this part "petitioner" means:

(a)one or more persons who:

(i)own title to real property within the area proposed for disconnection; and

(ii)sign a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality; or

(b)the mayor of the municipality within which the area proposed for disconnection is located who signs a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality.

(a)A petitioner proposing to disconnect an area within and lying on the borders of a municipality shall file with that municipality's legislative body a request for disconnection.

(b)Each request for disconnection shall:

(i)contain the names, addresses, and signatures of the owners of more than 50% of any private real property in the area proposed for disconnection;

(ii)give the reasons for the proposed disconnection;

(iii)include a map or plat of the territory proposed for disconnection; and

(iv)designate between one and five persons with authority to act on the petitioner's behalf in the proceedings.

(3)Upon receiving a request for disconnection, a municipal legislative body shall publish notice of the request:

(a)in accordance with the legal notice requirements described in Section 45-1-101 , for three weeks before the day of the public hearing described in Section 10-2-502.5 ; and

(b)for the area proposed to be disconnected, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the public hearing described in Section 10-2-502.5 .

(4)A municipal legislative body may bill the petitioner for the cost of preparing, printing, and publishing the notice required under Subsection

(3).

Amended by Chapter 435 , 2023 General Session