53A-2-101.5 - Filing of notice and plat relating to school district boundary changes including creation, consolidation, division, or dissolution -- Recording requirements -- Effective date.
53A-2-101.5. Filing of notice and plat relating to school district boundary changesincluding creation, consolidation, division, or dissolution -- Recording requirements --Effective date.
(1) The county legislative body shall:
(a) within 30 days after the creation, consolidation, division, or dissolution of a schooldistrict, 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) except in the case of a dissolution, a copy of an approved final local entity plat, asdefined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of boundary action underSection 67-1a-6.5:
(i) if the school district is or, in the case of dissolution, was located within the boundaryof a single county, submit to the recorder of that county:
(A) the original:
(I) notice of an impending boundary action;
(II) certificate of boundary action; and
(III) except in the case of dissolution, approved final local entity plat; and
(B) if applicable, a certified copy of the resolution approving the boundary action; or
(ii) if the school district is or, in the case of a dissolution, was located within theboundaries of more than a single county:
(A) submit to the recorder of one of those counties:
(I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and
(II) if applicable, a certified copy of the resolution approving the boundary action; and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III);and
(II) if applicable, a certified copy of the resolution approving the boundary action.
(2) (a) Upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,the creation, consolidation, division, dissolution, or other change affecting the boundary of a newor existing school district that was the subject of the action has legal effect.
(b) (i) As used in this Subsection (2)(b), "affected area" means:
(A) in the case of the creation of a school district, the area within the school district'sboundary;
(B) in the case of the consolidation of multiple school districts, the area within theboundary of each school district that is consolidated into another school district;
(C) in the case of the division of a school district, the area within the boundary of theschool district created by the division; and
(D) in the case of an addition to an existing school district, the area added to the schooldistrict.
(ii) The effective date of a boundary action, as defined in Section 17-23-20, for purposesof assessing property within the school district is governed by Section 59-2-305.5.
(iii) Until the documents listed in Subsection (1)(b) are recorded in the office of therecorder of each county in which the property is located, a school district may not levy or collecta property tax on property within the affected area.
Amended by Chapter 350, 2009 General Session