Section 502.5 - Hearing on request for disconnection -- Determination by municipal legislative body -- Petition in district court.

UT Code § 10-2-502.5 (2019) (N/A)
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(1) No sooner than seven calendar days after, and no later than 30 calendar days after, the last day on which the petitioner publishes the 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) 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 publishing notice in a newspaper of general circulation within the municipality; (ii) if there is no newspaper of general circulation within the municipality, 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; or (iii) 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) on the Utah Public Notice Website created in Section 63F-1-701, for seven days before the hearing date; (d) in accordance with Section 45-1-101, for seven days before the hearing date; and (e) if the municipality has a website, on the municipality's website for seven days before the hearing date.

(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 publishing notice in a newspaper of general circulation within the municipality; (ii) if there is no newspaper of general circulation within the municipality, 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; or (iii) 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;

(i) at least seven days before the hearing date, by publishing notice in a newspaper of general circulation within the municipality;

(ii) if there is no newspaper of general circulation within the municipality, 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; or

(iii) 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) on the Utah Public Notice Website created in Section 63F-1-701, for seven days before the hearing date;

(d) in accordance with Section 45-1-101, for seven days before the hearing date; and

(e) if the municipality has a website, 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.

(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.

(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.

(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.