- (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; and
- (b) for the municipality, as a class B notice under Section 63G-30-102, for at least 10 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.
Amended by Chapter 435, 2023 General Session