17D-1-209. Notice and plat to lieutenant governor -- Recording requirements -- Effective date.

314 words·~1 min read·/ut/title-17d/chapter-1/17d-1-209·

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

(1)The legislative body adopting a resolution or ordinance approving the creation of a special service district shall:

(a)within 30 days after adopting the resolution or ordinance, 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 copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

(b)upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5 , submit to the recorder of the county in which the special service district is located:

(i)the original notice of an impending boundary action;

(ii)the original certificate of incorporation;

(iii)the original approved final local entity plat; and

(iv)a certified copy of the resolution or ordinance approving the creation of the special service district.

(a)Upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5 , the special service district is created and incorporated.

(i)The effective date of a special service district's incorporation for purposes of assessing property within the special service district is governed by Section 59-2-305.5 .

(ii)Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of the county in which the property is located:

(A)the county, city, or town that created the special service district may not levy or collect a property tax for special service district purposes on property within the special service district; and

(B)the special service district may not:

(I)levy or collect an assessment on property within the special service district; or

(II)charge or collect a fee for service provided to property within the special service district.

Amended by Chapter 350 , 2009 General Session