10-2-701 - Petition for disincorporation -- Validity -- District court order for election.
10-2-701. Petition for disincorporation -- Validity -- District court order forelection.
Disincorporation of a municipality shall be initiated upon petition. The petition shall bearsignatures equal in number to 25% of all votes cast from the municipality at the last congressionalelection. No signature is valid, for purposes of this section, unless it is that of a registered voterwho is a resident of the municipality proposed for disincorporation.
The petition containing the specified number of signatures shall be filed with the countyclerk for validation by that officer. If the county clerk finds the petition valid, the clerk shall filethe original with the district court and furnish a copy to the governing body of the municipality.
The district court, upon determining that the petition comports with Section 10-2-701.5and that it does not offend Section 10-2-710 and is otherwise complete, shall order that thequestion of dissolution be placed before the voters of the municipality.
Enacted by Chapter 55, 1981 General Session