Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 248 (2016GS)

Sponsor

Rep. Brown, M.

Final action

Governor Signed 3/30/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that the mayor of a municipality in which an area proposed for disconnection is located may file a request for disconnection;
• modifies the name, address, and signature requirement for a request for disconnection; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MUNICIPAL DISCONNECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melvin R. Brown
Senate Sponsor: 
 Kevin T. Van Tassell
LONG TITLE
General Description:
This bill modifies provisions of the Utah Municipal Code related to disconnection.
Highlighted Provisions:
This bill:
▸ provides that the mayor of a municipality in which an area proposed for
disconnection is located may file a request for disconnection;
▸ modifies the name, address, and signature requirement for a request for
disconnection; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-501
, as last amended by Laws of Utah 2009, Chapter 388
10-2-502.5
, as last amended by Laws of Utah 2010, Chapter 90
10-2-502.7
, as renumbered and amended by Laws of Utah 2003, Chapter 279
10-2-509
, as enacted by Laws of Utah 1977, Chapter 48
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-501
 is amended to read:
10-2-501.
Municipal disconnection -- Definitions -- Request for disconnection --
Requirements upon filing request.
(1) As used in this part [
"petitioners"
] 
"petitioner"
 means [
persons who
]:
(a) 
one or more persons who:
(i)
 own title to real property within the area proposed for disconnection; and
[
(b) have signed
] 
(ii) sign
 a request for disconnection proposing to disconnect [
that
]
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) [
Petitioners
] 
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
[
the
] 
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 [
petitioners'
]
petitioner's
 behalf in the proceedings.
(3) Upon filing the request for disconnection, [
petitioners
] 
the petitioner
 shall:
(a) cause notice of the request to be published:
(i) once a week for three consecutive weeks in a newspaper of general circulation
within the municipality; and
(ii) in accordance with Section 
45-1-101
 for three weeks;
(b) cause notice of the request to be mailed to each owner of real property located
within the area proposed to be disconnected; and
(c) deliver a copy of the request to the legislative body of the county in which the area
proposed for disconnection is located.
Section 2. Section 
10-2-502.5
 is amended to read:
10-2-502.5.
Hearing on request for disconnection -- Determination by municipal
legislative body -- Petition in district court.
(1) Within 30 calendar days after the last publication of 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) At least seven calendar days before the hearing date, the municipal legislative body
shall provide notice of the public hearing:
(a) in writing to the [
petitioners
] 
petitioner
 and to the legislative body of the county in
which the area proposed for disconnection is located; and
(b) by publishing a notice:
(i) (A) in a newspaper of general circulation within the municipality; or
(B) if there is no newspaper as described in Subsection (2)(b)(i)(A), then by posting
notice of the hearing in at least three public places within the municipality; and
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
.
(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) [
petitioners
] 
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.
Section 3. Section 
10-2-502.7
 is amended to read:
10-2-502.7.
Court action.
(1) After the filing of a petition under Section 
10-2-502.5
 and a response to the
petition, the court shall, upon request of a party or upon its own motion, conduct a court
hearing.
(2) At the hearing, the court shall hear evidence regarding the viability of the
disconnection proposal.
(3) The burden of proof is on [
petitioners who must
] 
the petitioner to
 prove, by a
preponderance of the evidence:
(a) the viability of the disconnection;
(b) that justice and equity require that the territory be disconnected from the
municipality;
(c) that the proposed disconnection will not:
(i) leave the municipality with an area within its boundaries for which the cost,
requirements, or other burdens of providing municipal services would materially increase over
previous years;
(ii) make it economically or practically unfeasible for the municipality to continue to
function as a municipality; or
(iii) leave or create one or more islands or peninsulas of unincorporated territory; and
(d) that the county in which the area proposed for disconnection is located is capable,
in a cost-effective manner and without materially increasing the county's costs of providing
municipal services, of providing to the area the services that the municipality will no longer
provide to the area due to the disconnection.
(4) In determining whether [
petitioners have
] 
the petitioner has
 met [
their
] 
the
petitioner's
 burden of proof with respect to Subsections (3)(c)(i) and (ii), the court shall
consider all relevant factors, including the effect of the proposed disconnection on:
(a) the municipality or community as a whole;
(b) adjoining property owners;
(c) existing or projected streets or public ways;
(d) water mains and water services;
(e) sewer mains and sewer services;
(f) law enforcement;
(g) zoning; and
(h) other municipal services.
(5) The court's order either ordering or rejecting disconnection shall be in writing with
findings and reasons.
Section 4. Section 
10-2-509
 is amended to read:
10-2-509.
Costs.
Each party to the court action for disconnection shall pay its own witnesses and
[
petitioners
] 
the petitioner
 shall pay all other costs.
Legislative Review Note
Office of Legislative Research and General Counsel