(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