Municipal disconnection -- Definitions -- Request for disconnection -- Requirements upon filing request.

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  • (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 filing the request for disconnection, the petitioner shall publish notice of the request:
    • (a)
      • (i) once a week for three consecutive weeks before the public hearing described in Section 10-2-502.5 in a newspaper of general circulation within the municipality;
      • (ii) if there is no newspaper of general circulation in the municipality, at least three weeks before the day of the public hearing described in Section 10-2-502.5, by posting one notice, and at least one additional notice per 2,000 population of the municipality, in places within the municipality that are most likely to give notice to the residents within, and the owners of real property located within, the municipality, including the residents who live in the area proposed for disconnection; or
      • (iii) at least three weeks before the day of the public hearing described in Section 10-2-502.5, by mailing notice to each residence within, and each owner of real property located within, the municipality;
    • (b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks before the day of the public hearing described in Section 10-2-502.5;
    • (c) in accordance with Section 45-1-101, for three weeks before the day of the public hearing described in Section 10-2-502.5;
    • (d) by mailing notice to each owner of real property located within the area proposed to be disconnected;
    • (e) by delivering a copy of the request to the legislative body of the county in which the area proposed for disconnection is located; and
    • (f) if the municipality has a website, on the municipality's website for three weeks before the day of the public hearing.





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