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This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 21, 2003 at 3:09 PM by rday. --> 1
5 This act modifies the Utah Municipal Code and the procedure for disconnecting territory
6 from a municipality. The act repeals provisions relating to the appointment of
7 commissioners to make findings regarding the viability of disconnection. The act
8 modifies the criteria for disconnection and modifies the procedure for disconnection. The
9 act also makes technical changes.
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 10-2-501, as last amended by Chapter 132, Laws of Utah 1996
13 10-2-507, as last amended by Chapter 318, Laws of Utah 2000
14 10-2-508, as last amended by Chapter 132, Laws of Utah 1996
15 RENUMBERS AND AMENDS:
16 10-2-502.5, (Renumbered from 10-2-504, as last amended by Chapter 132, Laws of
17 Utah 1996)
18 10-2-502.7, (Renumbered from 10-2-505, as last amended by Chapter 132, Laws of
19 Utah 1996)
21 10-2-502, as last amended by Chapter 132, Laws of Utah 1996
22 10-2-503, as last amended by Chapter 132, Laws of Utah 1996
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 10-2-501 is amended to read:
25 10-2-501. Municipal disconnection -- Definitions -- Request to municipality --
26 Petition to district court.
27 (1) As used in this part[
30 "petitioners" means persons [
31 (a) own title to real property within the [
32 area proposed for disconnection; and
33 (b) have signed a request for disconnection proposing to disconnect that [
34 from [
37 (2) (a) Petitioners proposing to disconnect [
38 the borders of [
39 body a [
41 (b) Each request for disconnection shall:
43 of the real property [
47 petitioners' behalf in the proceedings.
48 (3) Upon filing the request for disconnection, petitioners shall:
49 (a) cause notice of the [
50 consecutive weeks in a newspaper of general circulation within the municipality[
55a S (b) CAUSE NOTICE OF THE REQUEST TO BE MAILED TO EACH OWNER OF REAL PROPERTY
55b LOCATED WITHIN THE AREA PROPOSED TO BE DISCONNECTED; AND
57 proposed for disconnection is located.
58 Section 2. Section 10-2-502.5 , which is renumbered from Section 10-2-504 is
59 renumbered and amended to read:
61 by municipal legislative body -- Petition in district court.
62 (1) Within 30 calendar days [
63 required under Subsection 10-2-501 (3)(a), the [
64 municipality in which the area proposed for disconnection is located shall hold a public
66 (2) At least seven calendar days before the hearing date, the [
67 municipal legislative body shall [
69 (a) in writing to the petitioners and to the legislative body of the county in which the
70 area proposed for disconnection is located; and
71 (b) by publishing a notice in a newspaper of general circulation within the municipality
72 or, if there is none, then by posting notice of the hearing in at least three public places within
73 the municipality.
74 (3) In the public hearing, any person may speak and submit documents regarding the
75 disconnection proposal.
76 (4) Within 45 calendar days of the hearing, the [
77 body shall [
82 (a) determine whether to grant the request for disconnection; and
83 (b) if the municipality determines to grant the request, adopt an ordinance approving
84 disconnection of the area from the municipality.
85 (5) (a) A petition against the municipality challenging the municipal legislative body's
86 determination under Subsection (4) may be filed in district court by:
87 (i) petitioners; or
88 (ii) the county in which the area proposed for disconnection is located.
89 (b) Each petition under Subsection (5)(a) shall include a copy of the request for
91 Section 3. Section 10-2-502.7 , which is renumbered from Section 10-2-505 is
92 renumbered and amended to read:
94 (1) [
95 Section 10-2-502.5 and a response to the petition , the court [
96 or upon its own motion, conduct a court hearing.
97 (2) At the hearing, the court shall hear evidence [
99 (3) The burden of proof is on petitioners who must prove, by a preponderance of the
101 (a) the viability of the disconnection [
102 (b) that justice and equity require that the territory be disconnected from the
103 municipality [
106 (c) that the proposed disconnection [
107 (i) leave the municipality with an area within its boundaries for which the cost,
108 requirements, or other burdens of providing municipal services would materially increase over
109 previous years;
110 (ii) make it economically or practically unfeasible for the municipality to continue to
111 function as a municipality; or
112 (iii) leave or create one or more islands or peninsulas of unincorporated territory; and
113 (d) that the county in which the area proposed for disconnection is located is capable h , IN A
113a COST-EFFECTIVE MANNER AND WITHOUT MATERIALLY INCREASING THE COUNTY'S COSTS OF
113b PROVIDING MUNICIPAL SERVICES, h of
114 providing to the area h [
115 longer provide to the area due to the disconnection.
116 (4) In determining whether petitioners have met their burden of proof with respect to
117 Subsections (3)(c)(i) and (ii), the court shall consider all relevant factors, including the effect of
118 the proposed disconnection on:
119 (a) the municipality or community as a whole;
120 (b) adjoining property owners;
121 (c) existing or projected streets or public ways;
122 (d) water mains and water services;
123 (e) sewer mains and sewer services;
124 (f) law enforcement;
125 (g) zoning; and
126 (h) other municipal services.
127 (5) The court's order either ordering or rejecting disconnection shall be in writing with
128 findings and reasons.
129 Section 4. Section 10-2-507 is amended to read:
130 10-2-507. Decree -- Filing of documents -- Notice requirements.
131 (1) Upon entering a disconnection order, the court shall file a certified copy of the
132 order and a transparent reproducible copy of the map or plat in the county recorder's office.
133 (2) [
134 shall file amended articles of incorporation in the lieutenant governor's office, as provided in
135 Section 10-1-117 , and the county recorder's office[
136 (a) adoption of an ordinance approving disconnection under Subsection
137 10-2-502.5 (4)(b); or
138 (b) entry of a court order under Section 10-2-502.7 ordering disconnection.
139 (3) The amended articles of incorporation shall:
140 (a) describe the postdisconnection geography of the municipality; and
141 (b) specify the postdisconnection population of the municipality.
142 (4) The lieutenant governor shall comply with the requirements of Subsection
143 10-1-117 (3).
145 charged against the disconnected territory.
147 shall comply with the notice requirements of Section 10-1-116 .
148 Section 5. Section 10-2-508 is amended to read:
149 10-2-508. Disconnection completed.
150 Disconnection is complete when the [
152 by Section [
153 Section 6. Repealer.
154 This act repeals:
155 Section 10-2-502, Court appointment of commissioners.
156 Section 10-2-503, Criteria for disconnection.
Legislative Review Note
as of 1-16-03 4:40 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.