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

(1)  As used in this part “petitioner” means:

Terms Used In Utah Code 10-2-501

  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • 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. See Utah Code 10-2-501
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
    • (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.

    • (2) 

    (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

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