17D-1-209 - Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
17D-1-209. Notice and plat to lieutenant governor -- Recording requirements --Effective date.
(1) The legislative body adopting a resolution or ordinance approving the creation of aspecial service district shall:
(a) within 30 days after adopting the resolution or ordinance, file with the lieutenantgovernor:
(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 Section67-1a-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 specialservice district.
(2) (a) Upon the lieutenant governor's issuance of a certificate of creation under Section67-1a-6.5, the special service district is created and incorporated.
(b) (i) The effective date of a special service district's incorporation for purposes ofassessing 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 therecorder of the county in which the property is located:
(A) the county, city, or town that created the special service district may not levy orcollect a property tax for special service district purposes on property within the special servicedistrict; 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 servicedistrict.
Amended by Chapter 350, 2009 General Session