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7 LONG TITLE
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
27
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 [
33 (a) one or more persons who:
34 (i) own title to real property within the area proposed for disconnection; and
35 [
36 the area proposed for disconnection from the municipality[
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) [
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 [
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 [
49 petitioner's behalf in the proceedings.
50 (3) Upon filing the request for disconnection, [
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 [
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) [
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 [
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 [
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 [