United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-507

Disconnection ordinance or decree -- Filing of notice and plat -- Recording requirements -- Effective date of disconnection -- Costs of disconnection. As used in this section, "disconnection actio…

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boundary changesdisconnected territoryfiling requirementslocal taxationmunicipal costsrecording requirements

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Disconnection ordinance or decree -- Filing of notice and plat -- Recording requirements -- Effective date of disconnection -- Costs of disconnection. As used in this section, "disconnection action" means: the municipal legislative body's”

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Disconnection ordinance or decree -- Filing of notice and plat -- Recording requirements -- Effective date of disconnection -- Costs of disconnection.

Section 10-2-507

Subsection 10-2-507(2)(a)(ii)

a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

Section 10-2-507(2)(a)(ii)

Subsection 10-2-507(2)(b)(ii)

If a disconnected area spans more than one county, it must submit specified documents to the recorder in one county and certified copies to the recorders in the other counties.

Section 10-2-507(2)(b)(ii)

Subsection 10-2-507(3)

The disconnection takes effect when the lieutenant governor issues a certificate of disconnection.

Section 10-2-507(3)

Subsection 10-2-507(5)

The municipality may charge costs it incurs in complying with this section against the disconnected territory.

Section 10-2-507(5)

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Showing 30 of 30 provisions

Provision 30

Part 10-2-5

part 10-2-5 Restriction of Municipal Limits

§ 10-2-507Disconnection ordinance or decree -- Filing of notice and plat -- Recording requirements -- Effective date of disconnection -- Costs of disconnection.Provision

Source excerpt

Disconnection ordinance or decree -- Filing of notice and plat -- Recording requirements -- Effective date of disconnection -- Costs of disconnection. As used in this section, "disconnection action" means: the municipal legislative body's adoption of an ordinance under Subsection 10-2-502.5(4)(b) approving disconnection; or the entry of a court order under Section 10-2-502.7 ordering disconnection. The municipal legislative body shall: within 30 days after the disconnection action, file with the lieutenant governor: a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5(3) ; and a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and upon the lieutenant governor's issuance of a certificate of disconnection under Section 67-1a-6.5 : if the disconnected area is located within the boundary of a single county, submit to the recorder of that county: the original: notice of an impending boundary action; certificate of disconnection; and approved final local entity plat; and a certified copy of the ordinance approving the disconnection or court order ordering disconnection; or if the disconnected area is located within the boundaries of more than a single county: submit to the recorder of one of those counties: the original of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection; and submit to the recorder of each other county: a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection. The disconnection is effective upon the lieutenant governor's issuance of a certificate of disconnection under Section 67-1a-6.5 . The effective date of a disconnection for purposes of assessing property within the disconnected territory is governed by Section 59-2-305.5 . Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of each county in which the property is located, a county in which the disconnected territory is located may not: except as provided in Section 10-2-506 , levy or collect a property tax on property within the disconnected territory unless the county was levying and collecting the tax immediately before disconnection; levy or collect an assessment on property within the disconnected territory unless the county was levying and collecting the assessment immediately before disconnection; or charge or collect a fee for service provided to property within the disconnected territory unless the county was charging and collecting the fee immediately before disconnection. Any cost incurred by the municipality in complying with this section may be charged against the disconnected territory.

Section 10-2-507Verify source

§ 10-2-507(1)Subsection 10-2-507(1)Provision

Source excerpt

This section defines “disconnection action” as either a municipal legislative body’s approving ordinance or a court order ordering disconnection.

As used in this section, "disconnection action" means: the municipal legislative body's adoption of an ordinance under Subsection 10-2-502.5(4)(b) approving disconnection; or the entry of a court order under Section 10-2-502.7 ordering disconnection.

Section 10-2-507(1)Verify source

§ 10-2-507(1)(a)Subsection 10-2-507(1)(a)Provision

Source excerpt

This phrase refers to a municipal legislative body's adoption of an ordinance approving disconnection under Subsection 10-2-502.5(4)(b).

the municipal legislative body's adoption of an ordinance under Subsection 10-2-502.5(4)(b) approving disconnection; or

Section 10-2-507(1)(a)Verify source

§ 10-2-507(1)(b)Subsection 10-2-507(1)(b)Provision

Source excerpt

the entry of a court order under Section 10-2-502.7 ordering disconnection.

Section 10-2-507(1)(b)Verify source

§ 10-2-507(2)Subsection 10-2-507(2)Provision

Source excerpt

The municipal legislative body must file and later submit specified disconnection documents to the lieutenant governor and county recorders.

The municipal legislative body shall: within 30 days after the disconnection action, file with the lieutenant governor: a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5(3) ; and a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and upon the lieutenant governor's issuance of a certificate of disconnection under Section 67-1a-6.5 : if the disconnected area is located within the boundary of a single county, submit to the recorder of that county: the original: notice of an impending boundary action; certificate of disconnection; and approved final local entity plat; and a certified copy of the ordinance approving the disconnection or court order ordering disconnection; or if the disconnected area is located within the boundaries of more than a single county: submit to the recorder of one of those counties: the original of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection; and submit to the recorder of each other county: a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection.

Section 10-2-507(2)Verify source

§ 10-2-507(2)(a)Subsection 10-2-507(2)(a)Provision

Source excerpt

Within 30 days after the disconnection action, a filing must be made with the lieutenant governor.

within 30 days after the disconnection action, file with the lieutenant governor: a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5(3) ; and a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

Section 10-2-507(2)(a)Verify source

§ 10-2-507(2)(a)(i)Subsection 10-2-507(2)(a)(i)Provision

Source excerpt

a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5(3) ; and

Section 10-2-507(2)(a)(i)Verify source

§ 10-2-507(2)(a)(ii)Subsection 10-2-507(2)(a)(ii)Provision

Source excerpt

a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

Section 10-2-507(2)(a)(ii)Verify source

§ 10-2-507(2)(b)Subsection 10-2-507(2)(b)Provision

Source excerpt

upon the lieutenant governor's issuance of a certificate of disconnection under Section 67-1a-6.5 : if the disconnected area is located within the boundary of a single county, submit to the recorder of that county: the original: notice of an impending boundary action; certificate of disconnection; and approved final local entity plat; and a certified copy of the ordinance approving the disconnection or court order ordering disconnection; or if the disconnected area is located within the boundaries of more than a single county: submit to the recorder of one of those counties: the original of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection; and submit to the recorder of each other county: a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection.

Section 10-2-507(2)(b)Verify source

§ 10-2-507(2)(b)(i)Subsection 10-2-507(2)(b)(i)Provision

Source excerpt

If the disconnected area is within one county, submit specified disconnection documents to that county’s recorder.

if the disconnected area is located within the boundary of a single county, submit to the recorder of that county: the original: notice of an impending boundary action; certificate of disconnection; and approved final local entity plat; and a certified copy of the ordinance approving the disconnection or court order ordering disconnection; or

Section 10-2-507(2)(b)(i)Verify source

§ 10-2-507(2)(b)(i)(A)Subsection 10-2-507(2)(b)(i)(A)Provision

Source excerpt

the original: notice of an impending boundary action; certificate of disconnection; and approved final local entity plat; and

Section 10-2-507(2)(b)(i)(A)Verify source

§ 10-2-507(2)(b)(i)(A)(I)Subsection 10-2-507(2)(b)(i)(A)(I)Provision

Source excerpt

notice of an impending boundary action;

Section 10-2-507(2)(b)(i)(A)(I)Verify source

§ 10-2-507(2)(b)(i)(A)(II)Subsection 10-2-507(2)(b)(i)(A)(II)Provision

Source excerpt

certificate of disconnection; and

Section 10-2-507(2)(b)(i)(A)(II)Verify source

§ 10-2-507(2)(b)(i)(A)(III)Subsection 10-2-507(2)(b)(i)(A)(III)Provision

Source excerpt

approved final local entity plat; and

Section 10-2-507(2)(b)(i)(A)(III)Verify source

§ 10-2-507(2)(b)(i)(B)Subsection 10-2-507(2)(b)(i)(B)Provision

Source excerpt

a certified copy of the ordinance approving the disconnection or court order ordering disconnection; or

Section 10-2-507(2)(b)(i)(B)Verify source

§ 10-2-507(2)(b)(ii)Subsection 10-2-507(2)(b)(ii)Provision

Source excerpt

If a disconnected area spans more than one county, it must submit specified documents to the recorder in one county and certified copies to the recorders in the other counties.

if the disconnected area is located within the boundaries of more than a single county: submit to the recorder of one of those counties: the original of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection; and submit to the recorder of each other county: a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection.

Section 10-2-507(2)(b)(ii)Verify source

§ 10-2-507(2)(b)(ii)(A)Subsection 10-2-507(2)(b)(ii)(A)Provision

Source excerpt

submit to the recorder of one of those counties: the original of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering

Section 10-2-507(2)(b)(ii)(A)Verify source

§ 10-2-507(2)(b)(ii)(A)(I)Subsection 10-2-507(2)(b)(ii)(A)(I)Provision

Source excerpt

the original of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and

Section 10-2-507(2)(b)(ii)(A)(I)Verify source

§ 10-2-507(2)(b)(ii)(A)(II)Subsection 10-2-507(2)(b)(ii)(A)(II)Provision

Source excerpt

a certified copy of the ordinance approving the disconnection or the court order ordering disconnection; and

Section 10-2-507(2)(b)(ii)(A)(II)Verify source

§ 10-2-507(2)(b)(ii)(B)Subsection 10-2-507(2)(b)(ii)(B)Provision

Source excerpt

A filing must be submitted to the recorder of each other county.

submit to the recorder of each other county: a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and a certified copy of the ordinance approving the disconnection or the court order ordering disconnection.

Section 10-2-507(2)(b)(ii)(B)Verify source

§ 10-2-507(2)(b)(ii)(B)(I)Subsection 10-2-507(2)(b)(ii)(B)(I)Provision

Source excerpt

a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I) , (II) , and (III) ; and

Section 10-2-507(2)(b)(ii)(B)(I)Verify source

§ 10-2-507(2)(b)(ii)(B)(II)Subsection 10-2-507(2)(b)(ii)(B)(II)Provision

Source excerpt

a certified copy of the ordinance approving the disconnection or the court order ordering disconnection.

Section 10-2-507(2)(b)(ii)(B)(II)Verify source

§ 10-2-507(3)Subsection 10-2-507(3)Provision

Source excerpt

The disconnection takes effect when the lieutenant governor issues a certificate of disconnection.

The disconnection is effective upon the lieutenant governor's issuance of a certificate of disconnection under Section 67-1a-6.5 .

Section 10-2-507(3)Verify source

§ 10-2-507(4)Subsection 10-2-507(4)Provision

Source excerpt

Until the required documents are recorded, the county may not levy or collect property tax, assessments, or service fees on property in the disconnected territory, except as otherwise provided and only if it was already doing so before disconnection.

The effective date of a disconnection for purposes of assessing property within the disconnected territory is governed by Section 59-2-305.5 . Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of each county in which the property is located, a county in which the disconnected territory is located may not: except as provided in Section 10-2-506 , levy or collect a property tax on property within the disconnected territory unless the county was levying and collecting the tax immediately before disconnection; levy or collect an assessment on property within the disconnected territory unless the county was levying and collecting the assessment immediately before disconnection; or charge or collect a fee for service provided to property within the disconnected territory unless the county was charging and collecting the fee immediately before disconnection.

Section 10-2-507(4)Verify source

§ 10-2-507(4)(a)Subsection 10-2-507(4)(a)Provision

Source excerpt

The effective date of a disconnection for property-assessment purposes in the disconnected territory is governed by Section 59-2-305.5.

The effective date of a disconnection for purposes of assessing property within the disconnected territory is governed by Section 59-2-305.5 .

Section 10-2-507(4)(a)Verify source

§ 10-2-507(4)(b)Subsection 10-2-507(4)(b)Provision

Source excerpt

A county in disconnected territory may not levy or collect a property tax, assessment, or service fee on property there until the listed documents are recorded, except as allowed by Section 10-2-506 or if the county was already doing so before disconnection.

Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of each county in which the property is located, a county in which the disconnected territory is located may not: except as provided in Section 10-2-506 , levy or collect a property tax on property within the disconnected territory unless the county was levying and collecting the tax immediately before disconnection; levy or collect an assessment on property within the disconnected territory unless the county was levying and collecting the assessment immediately before disconnection; or charge or collect a fee for service provided to property within the disconnected territory unless the county was charging and collecting the fee immediately before disconnection.

Section 10-2-507(4)(b)Verify source

§ 10-2-507(4)(b)(i)Subsection 10-2-507(4)(b)(i)Provision

Source excerpt

A county may not levy or collect property tax on property in the disconnected territory, except as allowed by Section 10-2-506 or if the county was already levying and collecting that tax immediately before disconnection.

except as provided in Section 10-2-506 , levy or collect a property tax on property within the disconnected territory unless the county was levying and collecting the tax immediately before disconnection;

Section 10-2-507(4)(b)(i)Verify source

§ 10-2-507(4)(b)(ii)Subsection 10-2-507(4)(b)(ii)Provision

Source excerpt

The county must not levy or collect an assessment on property in the disconnected territory, unless it was already levying and collecting that assessment immediately before disconnection.

levy or collect an assessment on property within the disconnected territory unless the county was levying and collecting the assessment immediately before disconnection; or

Section 10-2-507(4)(b)(ii)Verify source

§ 10-2-507(4)(b)(iii)Subsection 10-2-507(4)(b)(iii)Provision

Source excerpt

A county must not charge or collect a fee for service provided to property in the disconnected territory, unless it was already charging and collecting that fee before disconnection.

charge or collect a fee for service provided to property within the disconnected territory unless the county was charging and collecting the fee immediately before disconnection.

Section 10-2-507(4)(b)(iii)Verify source

§ 10-2-507(5)Subsection 10-2-507(5)Provision

Source excerpt

The municipality may charge costs it incurs in complying with this section against the disconnected territory.

Any cost incurred by the municipality in complying with this section may be charged against the disconnected territory.

Section 10-2-507(5)Verify source

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Utah Code § 10-2-507

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