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H.B. 98 Enrolled
This act modifies the Utah Municipal Code and the procedure for disconnecting territory
from a municipality. The act repeals provisions relating to the appointment of
commissioners to make findings regarding the viability of disconnection. The act
modifies the criteria for disconnection and modifies the procedure for disconnection. The
act also makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
10-2-501, as last amended by Chapter 132, Laws of Utah 1996
10-2-507, as last amended by Chapter 318, Laws of Utah 2000
10-2-508, as last amended by Chapter 132, Laws of Utah 1996
RENUMBERS AND AMENDS:
10-2-502.5, (Renumbered from 10-2-504, as last amended by Chapter 132, Laws of
10-2-502.7, (Renumbered from 10-2-505, as last amended by Chapter 132, Laws of
10-2-502, as last amended by Chapter 132, Laws of Utah 1996
10-2-503, as last amended by Chapter 132, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-2-501 is amended to read:
10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
Requirements upon filing request.
(1) As used in this part[
"petitioners" means persons [
(a) own title to real property within the [
area proposed for disconnection; and
(b) have signed a request for disconnection proposing to disconnect that [
(2) (a) Petitioners proposing to disconnect [
borders of [
(b) Each request for disconnection shall:
the real property [
behalf in the proceedings.
(3) Upon filing the request for disconnection, petitioners shall:
(a) cause notice of the [
consecutive weeks in a newspaper of general circulation within the municipality[
(b) cause notice of the request to be mailed to each owner of real property located within
the area proposed to be disconnected; and
(c) deliver a copy of the request to the legislative body of the county in which the area
proposed for disconnection is located.
Section 2. Section 10-2-502.5 , which is renumbered from Section 10-2-504 is
renumbered and amended to read:
municipal legislative body -- Petition in district court.
(1) Within 30 calendar days [
required under Subsection 10-2-501 (3)(a), the [
municipality in which the area proposed for disconnection is located shall hold a public hearing.
(2) At least seven calendar days before the hearing date, the [
legislative body shall [
(a) in writing to the petitioners and to the legislative body of the county in which the area
proposed for disconnection is located; and
(b) by publishing a notice in a newspaper of general circulation within the municipality
or, if there is none, then by posting notice of the hearing in at least three public places within the
(3) In the public hearing, any person may speak and submit documents regarding the
(4) Within 45 calendar days of the hearing, the [
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) 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 for
Section 3. Section 10-2-502.7 , which is renumbered from Section 10-2-505 is
renumbered and amended to read:
Section 10-2-502.5 and a response to the petition , the court [
or upon its own motion, conduct a court hearing.
(2) At the hearing, the court shall hear evidence [
(3) The burden of proof is on petitioners who must prove, by a preponderance of the
(a) the viability of the disconnection [
(b) that justice and equity require that the territory be disconnected from the municipality
(c) that the proposed disconnection [
(i) leave the municipality with an area within its boundaries for which the cost,
requirements, or other burdens of providing municipal services would materially increase over
(ii) make it economically or practically unfeasible for the municipality to continue to
function as a municipality; or
(iii) leave or create one or more islands or peninsulas of unincorporated territory; and
(d) that the county in which the area proposed for disconnection is located is capable, in
a cost-effective manner and without materially increasing the county's costs of providing
municipal services, of providing to the area the services that the municipality will no longer
provide to the area due to the disconnection.
(4) In determining whether petitioners have met their burden of proof with respect to
Subsections (3)(c)(i) and (ii), the court shall consider all relevant factors, including the effect of
the proposed disconnection on:
(a) the municipality or community as a whole;
(b) adjoining property owners;
(c) existing or projected streets or public ways;
(d) water mains and water services;
(e) sewer mains and sewer services;
(f) law enforcement;
(g) zoning; and
(h) other municipal services.
(5) The court's order either ordering or rejecting disconnection shall be in writing with
findings and reasons.
Section 4. Section 10-2-507 is amended to read:
10-2-507. Decree -- Filing of documents -- Notice requirements.
(1) Upon entering a disconnection order, the court shall file a certified copy of the order
and a transparent reproducible copy of the map or plat in the county recorder's office.
shall file amended articles of incorporation in the lieutenant governor's office, as provided in
Section 10-1-117 , and the county recorder's office[
(a) adoption of an ordinance approving disconnection under Subsection
10-2-502.5 (4)(b); or
(b) entry of a court order under Section 10-2-502.7 ordering disconnection.
(3) The amended articles of incorporation shall:
(a) describe the postdisconnection geography of the municipality; and
(b) specify the postdisconnection population of the municipality.
(4) The lieutenant governor shall comply with the requirements of Subsection
charged against the disconnected territory.
shall comply with the notice requirements of Section 10-1-116 .
Section 5. Section 10-2-508 is amended to read:
10-2-508. Disconnection completed.
Disconnection is complete when the [
Section 6. Repealer.
This act repeals:
Section 10-2-502, Court appointment of commissioners.
Section 10-2-503, Criteria for disconnection.
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