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

Terms Used In Utah Code 17D-1-209

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
(a) is created under authority of the Utah Constitution Article XI, Section 7; and
(b) operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • (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.

    (2) 

    (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.

    (b) 

    (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