17D-1-603.  Notice and plat to lieutenant governor — Recording requirements.

(1)  If a county or municipal legislative body adopts a resolution approving the withdrawal of an area from a special service district, the dissolution of a special service district, or the reorganization of a special service district as a special district, the county or municipal legislative body, as the case may be, shall:

Terms Used In Utah Code 17D-1-603

  • 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
(a)  within 30 days after adopting the resolution, 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)  in the case of a withdrawal, 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 withdrawal, dissolution, or incorporation, as the case may be, 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 withdrawal or dissolution, as the case may be;

(iii)  in the case of a withdrawal, the original approved final local entity plat; and

(iv)  a certified copy of the resolution approving the withdrawal, dissolution, or incorporation.

(2) 

(a)  Upon the lieutenant governor’s issuance of the certificate of withdrawal under Section 67-1a-6.5, the area to be withdrawn that is the subject of the legislative body’s resolution is withdrawn from the special service district.

(b)  Upon the lieutenant governor’s issuance of the certificate of dissolution under Section 67-1a-6.5, the special service district is dissolved.

(3) 

(a)  Upon the lieutenant governor’s issuance of a certificate of incorporation as provided in Section 67-1a-6.5, the special service district is:

(i)  reorganized and incorporated as a special district subject to the provisions of Title 17B, Chapter 1, Provisions Applicable to All Special Districts;

(ii)  subject to Subsection (3)(b), if the special service district is reorganized as a special district described in and subject to Title 17B, Chapter 2a, Provisions Applicable to Different Types of Special Districts, the applicable part of that chapter; and

(iii)  no longer a special service district.

(b)  A special service district reorganized as a special district is a basic special district as provided in 14, unless the resolution adopted in accordance with Subsection 17D-1-604(5):

(i)  specifies that the reorganized special district is a different type of special district other than a basic special district; and

(ii)  states the type of that special district, including the governing part in Title 17B, Chapter 2a, Provisions Applicable to Different Types of Special Districts.

Amended by Chapter 15, 2023 General Session