Chief Sponsor: Melvin R. Brown

Senate Sponsor: Kevin T. Van Tassell


8     General Description:
9          This bill modifies provisions of the Utah Municipal Code related to disconnection.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that the mayor of a municipality in which an area proposed for
13     disconnection is located may file a request for disconnection;
14          ▸     modifies the name, address, and signature requirement for a request for
15     disconnection; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          10-2-501, as last amended by Laws of Utah 2009, Chapter 388
24          10-2-502.5, as last amended by Laws of Utah 2010, Chapter 90
25          10-2-502.7, as renumbered and amended by Laws of Utah 2003, Chapter 279
26          10-2-509, as enacted by Laws of Utah 1977, Chapter 48

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 10-2-501 is amended to read:

30          10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
31     Requirements upon filing request.
32          (1) As used in this part ["petitioners"] "petitioner" means [persons who]:
33          (a) one or more persons who:
34          (i) own title to real property within the area proposed for disconnection; and
35          [(b) have signed] (ii) sign a request for disconnection proposing to disconnect [that]
36     the area proposed for disconnection from the municipality[.]; or
37          (b) the mayor of the municipality within which the area proposed for disconnection is
38     located who signs a request for disconnection proposing to disconnect the area proposed for
39     disconnection from the municipality.
40          (2) (a) [Petitioners] A petitioner proposing to disconnect an area within and lying on
41     the borders of a municipality shall file with that municipality's legislative body a request for
42     disconnection.
43          (b) Each request for disconnection shall:
44          (i) contain the names, addresses, and signatures of the owners of more than 50% of
45     [the] any private real property in the area proposed for disconnection;
46          (ii) give the reasons for the proposed disconnection;
47          (iii) include a map or plat of the territory proposed for disconnection; and
48          (iv) designate between one and five persons with authority to act on the [petitioners']
49     petitioner's behalf in the proceedings.
50          (3) Upon filing the request for disconnection, [petitioners] the petitioner shall:
51          (a) cause notice of the request to be published:
52          (i) once a week for three consecutive weeks in a newspaper of general circulation
53     within the municipality; and
54          (ii) in accordance with Section 45-1-101 for three weeks;
55          (b) cause notice of the request to be mailed to each owner of real property located
56     within the area proposed to be disconnected; and
57          (c) deliver a copy of the request to the legislative body of the county in which the area

58     proposed for disconnection is located.
59          Section 2. Section 10-2-502.5 is amended to read:
60          10-2-502.5. Hearing on request for disconnection -- Determination by municipal
61     legislative body -- Petition in district court.
62          (1) Within 30 calendar days after the last publication of notice required under
63     Subsection 10-2-501(3)(a), the legislative body of the municipality in which the area proposed
64     for disconnection is located shall hold a public hearing.
65          (2) At least seven calendar days before the hearing date, the municipal legislative body
66     shall provide notice of the public hearing:
67          (a) in writing to the [petitioners] petitioner and to the legislative body of the county in
68     which the area proposed for disconnection is located; and
69           (b) by publishing a notice:
70          (i) (A) in a newspaper of general circulation within the municipality; or
71          (B) if there is no newspaper as described in Subsection (2)(b)(i)(A), then by posting
72     notice of the hearing in at least three public places within the municipality; and
73          (ii) on the Utah Public Notice Website created in Section 63F-1-701.
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 municipal legislative body shall:
77          (a) determine whether to grant the request for disconnection; and
78          (b) if the municipality determines to grant the request, adopt an ordinance approving
79     disconnection of the area from the municipality.
80          (5) (a) A petition against the municipality challenging the municipal legislative body's
81     determination under Subsection (4) may be filed in district court by:
82          (i) [petitioners] the petitioner; or
83          (ii) the county in which the area proposed for disconnection is located.
84          (b) Each petition under Subsection (5)(a) shall include a copy of the request for
85     disconnection.

86          Section 3. Section 10-2-502.7 is amended to read:
87          10-2-502.7. Court action.
88          (1) After the filing of a petition under Section 10-2-502.5 and a response to the
89     petition, the court shall, upon request of a party or upon its own motion, conduct a court
90     hearing.
91          (2) At the hearing, the court shall hear evidence regarding the viability of the
92     disconnection proposal.
93          (3) The burden of proof is on [petitioners who must] the petitioner to prove, by a
94     preponderance of the evidence:
95          (a) the viability of the disconnection;
96          (b) that justice and equity require that the territory be disconnected from the
97     municipality;
98          (c) that the proposed disconnection will not:
99          (i) leave the municipality with an area within its boundaries for which the cost,
100     requirements, or other burdens of providing municipal services would materially increase over
101     previous years;
102          (ii) make it economically or practically unfeasible for the municipality to continue to
103     function as a municipality; or
104          (iii) leave or create one or more islands or peninsulas of unincorporated territory; and
105          (d) that the county in which the area proposed for disconnection is located is capable,
106     in a cost-effective manner and without materially increasing the county's costs of providing
107     municipal services, of providing to the area the services that the municipality will no longer
108     provide to the area due to the disconnection.
109          (4) In determining whether [petitioners have] the petitioner has met [their] the
110     petitioner's burden of proof with respect to Subsections (3)(c)(i) and (ii), the court shall
111     consider all relevant factors, including the effect of the proposed disconnection on:
112          (a) the municipality or community as a whole;
113          (b) adjoining property owners;

114          (c) existing or projected streets or public ways;
115          (d) water mains and water services;
116          (e) sewer mains and sewer services;
117          (f) law enforcement;
118          (g) zoning; and
119          (h) other municipal services.
120          (5) The court's order either ordering or rejecting disconnection shall be in writing with
121     findings and reasons.
122          Section 4. Section 10-2-509 is amended to read:
123          10-2-509. Costs.
124          Each party to the court action for disconnection shall pay its own witnesses and
125     [petitioners] the petitioner shall pay all other costs.