Utah Code 17B-1-215. Notice and plat to lieutenant governor — Recording requirements — Certificate of incorporation — Special district incorporated as specialized special district or basic special district — Effective date
17B-1-215. Notice and plat to lieutenant governor — Recording requirements — Certificate of incorporation — Special district incorporated as specialized special district or basic special district — Effective date.
(1)
Terms Used In Utah Code 17B-1-215
Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
(b)
the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:
(i)
the unincorporated part of the county; or
(ii)
more than one municipality within the county;
(c)
if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
(d)
the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or a public infrastructure district. See Utah Code 17B-1-102
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(a)
Within the time specified in Subsection (1)(b), the responsible body 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 copy of an approved final local entity plat, as defined in Section 67-1a-6.5.
(b)
The responsible body shall file the documents listed in Subsection (1)(a) with the lieutenant governor within 10 days after:
(i)
the canvass of an election under Section 17B-1-214, if a majority of those voting at the election within the proposed special district as a whole vote in favor of the creation of a special district;
(ii)
certification of a petition as to which the election requirement of Subsection 17B-1-214(1) does not apply because of Subsection 17B-1-214(3)(a), (b), or (c); or
(iii)
adoption of a resolution, under Subsection 17B-1-213(5) approving the creation of a special district for which an election was not required under Subsection 17B-1-214(3)(d), (e), (f), or (g) by the legislative body of each county whose unincorporated area is included within and the legislative body of each municipality whose area is included within the proposed special district, or by the board of trustees of the initiating special district.
(2)
Upon the lieutenant governor’s issuance of a certificate of incorporation under Section 67-1a-6.5, the responsible body shall:
(a)
if the special district is located within the boundary of a single county, submit to the recorder of that county:
(i)
the original:
(A)
notice of an impending boundary action;
(B)
certificate of incorporation; and
(C)
approved final local entity plat; and
(ii)
if applicable, a certified copy of each resolution adopted under Subsection 17B-1-213(5); or
(b)
if the special district is located within the boundaries of more than a single county:
(i)
submit to the recorder of one of those counties:
(A)
the original of the documents listed in Subsections (2)(a)(i)(A), (B), and (C); and
(B)
if applicable, a certified copy of each resolution adopted under Subsection 17B-1-213(5); and
(ii)
submit to the recorder of each other county:
(A)
a certified copy of the documents listed in Subsection (2)(a)(i)(A), (B), and (C); and
(B)
if applicable, a certified copy of each resolution adopted under Subsection 17B-1-213(5).
(3)
The area of each special district consists of:
(a)
if an election was held under Section 17B-1-214, the area of the new special district as approved at the election;
(b)
if an election was not required because of Subsection 17B-1-214(3)(a), (b), or (c), the area of the proposed special district as described in the petition; or
(c)
if an election was not required because of Subsection 17B-1-214(3)(d), (e), (f), or (g), the area of the new special district as described in the resolution adopted under Subsection 17B-1-213(5).
(4)
(a)
Upon the lieutenant governor’s issuance of the certificate of incorporation under Section 67-1a-6.5, the special district is created and incorporated as:
(i)
the type of specialized special district that was specified in the petition under Subsection 17B-1-203(1)(a), (b), or (c) or resolution under Subsection 17B-1-203(1)(d) or (e), if the petition or resolution proposed the creation of a specialized special district; or
(ii)
a basic special district, if the petition or resolution did not propose the creation of a specialized special district.
(b)
(i)
The effective date of a special district’s incorporation for purposes of assessing property within the special district is governed by Section 59-2-305.5.
(ii)
Until the documents listed in Subsection (2) are recorded in the office of the recorder of each county in which the property is located, a newly incorporated special district may not:
(A)
levy or collect a property tax on property within the special district;
(B)
levy or collect an assessment on property within the special district; or
(C)
charge or collect a fee for service provided to property within the special district.
