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


Latest version.
  • (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 local district, the county or municipal legislative body, as the case may be, shall:
    (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   (a) Upon the lieutenant governor's issuance of the certificate of withdrawal under Section 67-1a-6.5, the area to be withdrawn that is the subject of the legislative body's resolution is withdrawn from the special service district.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 local district subject to the provisions of Title 17B, Chapter 1, Provisions Applicable to All Local Districts;
    (ii) subject to Subsection (3)(b), if the special service district is reorganized as a local district described in and subject to Title 17B, Chapter 2a, Provisions Applicable to Different Types of Local Districts, the applicable part of that chapter; and
    (iii) no longer a special service district.
    (b) A special service district reorganized as a local district is a basic local district as provided in Title 17B, Chapter 1, Part 14, Basic Local District, unless the resolution adopted in accordance with Subsection 17D-1-604(5):
    (i) specifies that the reorganized local district is a different type of local district other than a basic local district; and
    (ii) states the type of that local district, including the governing part in Title 17B, Chapter 2a, Provisions Applicable to Different Types of Local Districts.
Amended by Chapter 371, 2013 General Session