2006 Utah Code - 10-2-502.5 — Hearing on request for disconnection -- Determination by municipal legislative body -- Petition in district court.

     10-2-502.5.   Hearing on request for disconnection -- Determination by municipal legislative body -- Petition in district court.
     (1) Within 30 calendar days after the last publication of notice required under Subsection 10-2-501(3)(a), the legislative body of 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 municipal legislative body shall provide notice of the public hearing:
     (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 municipality.
     (3) In the public hearing, any person may speak and submit documents regarding the disconnection proposal.
     (4) Within 45 calendar days of the hearing, the municipal legislative 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 disconnection.

Renumbered and Amended by Chapter 279, 2003 General Session