§ 17-2-105. Governor's proclamation -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.

(1) Upon receipt of the election result from the lieutenant governor under Section 17-2-104, the governor shall issue a proclamation, stating the result of the vote in each of the counties, and that the consolidation of the one county with the other will take effect as provided in Subsection (3).

(2) The legislative body of the consolidating county shall:

(a) within 30 days after the issuance of the governor's proclamation under Subsection (1), send to 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; and

(b) upon the lieutenant governor's issuance of a certificate of consolidation under Section 67-1a-6.5, submit to the recorder of the consolidating county:

(i) the original notice of an impending boundary action;

(ii) the original certificate of consolidation;

(iii) the original approved final local entity plat; and

(iv) a certified copy of the governor's proclamation under Subsection (1).

(3)

(a) A consolidation of counties approved at an election under Section 17-2-103 takes effect on January 1 of the year immediately following the lieutenant governor's issuance of a certificate of consolidation under Section 67-1a-6.5.

(b)

(i) The effective date of a consolidation of counties for purposes of assessing property within the consolidating county is governed by Section 59-2-305.5.

(ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the county in which the property is located, a consolidating county may not:

(A) levy or collect a property tax on property in the consolidating county that used to be in the originating county;

(B) levy or collect an assessment on property in the consolidating county that used to be in the originating county; or

(C) charge or collect a fee for service provided to property within the consolidating county that used to be in the originating county.

Renumbered and Amended by Chapter 350, 2009 General Session