10-2-712. Power of court -- Articles of dissolution -- Notice to lieutenant governor -- Recording requirements -- Effective date of dissolution.

422 words·~2 min read·/ut/title-10/chapter-2/10-2-712

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The district court may:

(a)enforce compliance with any order issued to give effect to this part by proceedings for contempt; and

(b)appoint any person to assist it in carrying out the provisions of this part.

(a)Upon entering an order approving the dissolution of a municipality, the district court shall file with the lieutenant governor:

(i)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

(ii)a certified copy of the court order approving the dissolution.

(b)Upon the lieutenant governor's issuance of a certificate of dissolution under Section 67-1a-6.5 :

(i)the municipality is dissolved; and

(ii)the court shall:

(A)if the dissolved municipality was located within the boundary of a single county, submit to the recorder of that county:

(I)a certified copy of the court order approving dissolution of the municipality; and

(II)the original certificate of dissolution; or

(B)if the dissolved municipality was located within the boundaries of more than a single county:

(I)submit to the recorder of one of those counties:

(Aa)a certified copy of the court order approving dissolution of the municipality; and

(Bb)the original certificate of dissolution; and

(II)submit to the recorder of each other county:

(Aa)a certified copy of the court order approving dissolution of the municipality; and

(Bb)a certified copy of the certificate of dissolution.

(a)The effective date of a dissolution of a municipality for purposes of assessing property within the dissolved municipality is governed by Section 59-2-305.5 .

(b)Until the documents listed in Subsection (2)(b)(ii) are recorded in the office of the recorder of each county in which the property is located, a county in which a dissolved municipality is located may not:

(i)levy or collect a property tax on property within the former boundary of the dissolved municipality unless the county was levying and collecting the tax immediately before dissolution;

(ii)levy or collect an assessment on property within the former boundary of the dissolved municipality unless the county was levying and collecting the assessment immediately before dissolution; or

(iii)charge or collect a fee for service provided to property within the former boundary of the dissolved municipality unless the county was levying and collecting the fee immediately before dissolution.

Amended by Chapter 350 , 2009 General Session