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Utah Code Title 10. Utah Municipal Code § 10-2-701. Petition for disincorporation--Validity--Certification of petition signatures--Removal of signature--District court order for election

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Disincorporation of a municipality shall be initiated upon petition.

(2) The petition shall bear signatures equal in number to 25% of all votes cast from the municipality at the last congressional election.

(3) No signature is valid, for purposes of this section, unless it is that of a registered voter who is a resident of the municipality proposed for disincorporation.

(4) The petition containing the specified number of signatures shall be filed with the county clerk for validation by that officer.

(5) Within 21 days after the day on which the county clerk receives a petition, the county clerk shall:

(a) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2); and

(b) certify on the petition whether each name is that of a registered voter from the municipality.

(6)(a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.

(b) A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).

(c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.

(7) If the county clerk finds the petition valid, the clerk shall file the original with the district court and furnish a copy to the governing body of the municipality.

(8) The district court, upon determining that the petition comports with Section 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order that the question of dissolution be placed before the voters of the municipality.

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Cite this article: FindLaw.com - Utah Code Title 10. Utah Municipal Code § 10-2-701. Petition for disincorporation--Validity--Certification of petition signatures--Removal of signature--District court order for election - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-10-utah-municipal-code/ut-code-sect-10-2-701/

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