17C-1-701 - Approval of agency deactivation and dissolution -- Restrictions -- Notice -- Recording requirements -- Agency records -- Dissolution expenses.
17C-1-701. Approval of agency deactivation and dissolution -- Restrictions --Notice -- Recording requirements -- Agency records -- Dissolution expenses.
(1) (a) Subject to Subsection (1)(b), the legislative body of the community that created anagency may, by ordinance, approve the deactivation and dissolution of the agency.
(b) An ordinance under Subsection (1)(a) approving the deactivation and dissolution ofan agency may not be adopted unless the agency has no outstanding bonded indebtedness, otherunpaid loans, indebtedness, or advances, and no legally binding contractual obligations withpersons or entities other than the community.
(2) (a) The community legislative body shall:
(i) within 10 days after adopting an ordinance under Subsection (1), file with thelieutenant governor a copy of a notice of an impending boundary action, as defined in Section67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section67-1a-6.5, submit to the recorder of the county in which the agency is located:
(A) the original notice of an impending boundary action;
(B) the original certificate of dissolution; and
(C) a certified copy of the ordinance approving the deactivation and dissolution of theagency.
(b) Upon the lieutenant governor's issuance of the certificate of dissolution under Section67-1a-6.5, the agency is dissolved.
(c) Within 10 days after receiving the certificate of dissolution from the lieutenantgovernor under Section 67-1a-6.5, the community legislative body shall send a copy of thecertificate of dissolution and the ordinance adopted under Subsection (1) to the State Board ofEducation, and each taxing entity.
(d) The community legislative body shall publish a notice of dissolution in a newspaperof general circulation in the county in which the dissolved agency is located.
(3) The books, documents, records, papers, and seal of each dissolved agency shall bedeposited for safekeeping and reference with the recorder of the community that dissolved theagency.
(4) The agency shall pay all expenses of the deactivation and dissolution.
Amended by Chapter 350, 2009 General Session