Hearing on request for disconnection -- Determination by municipal legislative body -- Petition in district court.

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  • (1) No sooner than three weeks after notice is provided under Subsection 10-2-501(3), the legislative body of the municipality in which the area proposed for disconnection is located shall hold a public hearing.
  • (2) The municipal legislative body shall provide notice of the public hearing:
    • (a) at least seven days before the hearing date, in writing to the petitioner and to the legislative body of the county in which the area proposed for disconnection is located;
    • (b)
      • (i) at least seven days before the hearing date, 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 residents within, and the owners of real property located within, the municipality, subject to a maximum of 10 notices; or
      • (ii) at least 10 days before the hearing date, by mailing notice to each residence within, and each owner of real property located within, the municipality;
    • (c) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for seven days before the hearing date; and
    • (d) if the municipality has a website, by posting notice on the municipality's website for seven days before the hearing date.
  • (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) the petitioner; 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.




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