10-2-502.5. Hearing on request for disconnection — Notice — Determination by municipal legislative body — Petition in district court.
(1)
No sooner than three weeks after notice is provided under Subsection 10-2-501(3), the legislative body of the municipality in which the area proposed for disconnection is located shall hold a public hearing.
Terms Used In Utah Code 10-2-502.5
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;
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
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. 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
The municipal legislative body shall provide notice of the public hearing:
(a)
at least seven days before the hearing date, in writing to the petitioner and to the legislative body of the county in which the area proposed for disconnection is located; and
(b)
for the municipality, as a class B notice under Section 63G-30-102, for at least 10 days before the hearing date.
(3)
In the public hearing, any person may speak and submit documents regarding the disconnection proposal.
(4)
Within 45 calendar days of the hearing, the municipal legislative body shall:
(a)
determine whether to grant the request for disconnection; and
(b)
if the municipality determines to grant the request, adopt an ordinance approving disconnection of the area from the municipality.
(5)
(a)
A petition against the municipality challenging the municipal legislative body’s determination under Subsection (4) may be filed in district court by:
(i)
the petitioner; or
(ii)
the county in which the area proposed for disconnection is located.
(b)
Each petition under Subsection (5)(a) shall include a copy of the request for disconnection.
