Current through the 2024 Fourth Special Session
Section 10-2-501 - Municipal disconnection - Definitions - Request for disconnection -Requirements upon filing request - Notice(1) As used in this part "petitioner" means: (a) one or more persons who:(i) own title to real property within the area proposed for disconnection; and(ii) sign a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality; or(b) the mayor of the municipality within which the area proposed for disconnection is located who signs a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality.(2)(a) A petitioner proposing to disconnect an area within and lying on the borders of a municipality shall file with that municipality's legislative body a request for disconnection.(b) Each request for disconnection shall:(i) contain the names, addresses, and signatures of the owners of more than 50% of any private real property in the area proposed for disconnection;(ii) give the reasons for the proposed disconnection;(iii) include a map or plat of the territory proposed for disconnection; and(iv) designate between one and five persons with authority to act on the petitioner's behalf in the proceedings.(3) Upon receiving a request for disconnection, a municipal legislative body shall publish notice of the request: (a) in accordance with the legal notice requirements described in Section 45-1-101, for three weeks before the day of the public hearing described in Section 10-2-502.5; and(b) for the area proposed to be disconnected, as a class B notice under Section 63G-30-102, for at least three weeks before the day of the public hearing described in Section 10-2-502.5.(4) A municipal legislative body may bill the petitioner for the cost of preparing, printing, and publishing the notice required under Subsection (3).Amended by Chapter 435, 2023 General Session ,§ 14, eff. 5/3/2023.Amended by Chapter 355, 2022 General Session ,§ 2, eff. 5/4/2022.Amended by Chapter 345, 2021 General Session ,§ 10, eff. 7/1/2021.Amended by Chapter 84, 2021 General Session ,§ 10, eff. 5/5/2021.Amended by Chapter 255, 2019 General Session ,§ 7, eff. 5/14/2019.Amended by Chapter 406, 2016 General Session ,§ 1, eff. 5/10/2016.Amended by Chapter 388, 2009 General Session