10-2-502.5 - Hearing on request for disconnection -- Determination by municipal legislative body -- Petition in district court.
10-2-502.5. Hearing on request for disconnection -- Determination by municipallegislative body -- Petition in district court.
(1) Within 30 calendar days after the last publication of notice required under Subsection10-2-501(3)(a), the legislative body of the municipality in which the area proposed fordisconnection is located shall hold a public hearing.
(2) At least seven calendar days before the hearing date, the municipal legislative bodyshall provide notice of the public hearing:
(a) in writing to the petitioners and to the legislative body of the county in which the areaproposed for disconnection is located; and
(b) by publishing a notice:
(i) (A) in a newspaper of general circulation within the municipality; or
(B) if there is no newspaper as described in Subsection (2)(b)(i)(A), then by postingnotice of the hearing in at least three public places within the municipality; and
(ii) on the Utah Public Notice Website created in Section 63F-1-701.
(3) In the public hearing, any person may speak and submit documents regarding thedisconnection 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 approvingdisconnection of the area from the municipality.
(5) (a) A petition against the municipality challenging the municipal legislative body'sdetermination under Subsection (4) may be filed in district court by:
(i) petitioners; 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 fordisconnection.
Amended by Chapter 90, 2010 General Session