67-1a-6.5 - Certification of local entity boundary actions. - Utah Statutes

67-1a-6.5. Certification of local entity boundary actions.
(1) As used in this section:
(a) "Applicable certificate" means:
(i) for the impending incorporation of a city, town, local district, or conservation district,a certificate of incorporation;
(ii) for the impending creation of a county, school district, special service district,community development and renewal agency, or interlocal entity, a certificate of creation;
(iii) for the impending annexation of territory to an existing local entity, a certificate ofannexation;
(iv) for the impending withdrawal or disconnection of territory from an existing localentity, a certificate of withdrawal or disconnection, respectively;
(v) for the impending consolidation of multiple local entities, a certificate ofconsolidation;
(vi) for the impending division of a local entity into multiple local entities, a certificateof division;
(vii) for the impending adjustment of a common boundary between local entities, acertificate of boundary adjustment; and
(viii) for the impending dissolution of a local entity, a certificate of dissolution.
(b) "Approved final local entity plat" means a final local entity plat, as defined in Section17-23-20, that has been approved under Section 17-23-20 as a final local entity plat by the countysurveyor.
(c) "Approving authority" has the same meaning as defined in Section 17-23-20.
(d) "Boundary action" has the same meaning as defined in Section 17-23-20.
(e) "Center" means the Automated Geographic Reference Center created under Section63F-1-506.
(f) "Community development and renewal agency" has the same meaning as defined inSection 17C-1-102.
(g) "Conservation district" has the same meaning as defined in Section 17D-3-102.
(h) "Interlocal entity" has the same meaning as defined in Section 11-13-103.
(i) "Local district" has the same meaning as defined in Section 17B-1-102.
(j) "Local entity" means a county, city, town, school district, local district, communitydevelopment and renewal agency, special service district, conservation district, or interlocalentity.
(k) "Notice of an impending boundary action" means a written notice, as described inSubsection (3), that provides notice of an impending boundary action.
(l) "Special service district" has the same meaning as defined in Section 17D-1-102.
(2) Within 10 days after receiving a notice of an impending boundary action, thelieutenant governor shall:
(a) (i) issue the applicable certificate, if:
(A) the lieutenant governor determines that the notice of an impending boundary actionmeets the requirements of Subsection (3); and
(B) except in the case of an impending local entity dissolution, the notice of animpending boundary action is accompanied by an approved final local entity plat;
(ii) send the applicable certificate to the local entity's approving authority;
(iii) return the original of the approved final local entity plat to the local entity's

approving authority;
(iv) send a copy of the applicable certificate and approved final local entity plat to:
(A) the State Tax Commission;
(B) the center; and
(C) the county assessor, county surveyor, county auditor, and county attorney of eachcounty in which the property depicted on the approved final local entity plat is located; and
(v) send a copy of the applicable certificate to the state auditor, if the boundary actionthat is the subject of the applicable certificate is:
(A) the incorporation or creation of a new local entity;
(B) the consolidation of multiple local entities;
(C) the division of a local entity into multiple local entities; or
(D) the dissolution of a local entity; or
(b) (i) send written notification to the approving authority that the lieutenant governor isunable to issue the applicable certificate, if:
(A) the lieutenant governor determines that the notice of an impending boundary actiondoes not meet the requirements of Subsection (3); or
(B) the notice of an impending boundary action is:
(I) not accompanied by an approved final local entity plat; or
(II) accompanied by a plat or final local entity plat that has not been approved as a finallocal entity plat by the county surveyor under Section 17-23-20; and
(ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor isunable to issue the applicable certificate.
(3) Each notice of an impending boundary action shall:
(a) be directed to the lieutenant governor;
(b) contain the name of the local entity or, in the case of an incorporation or creation,future local entity, whose boundary is affected or established by the boundary action;
(c) describe the type of boundary action for which an applicable certificate is sought; and
(d) (i) contain a statement, signed and verified by the approving authority, certifying thatall requirements applicable to the boundary action have been met; or
(ii) in the case of the dissolution of a municipality, be accompanied by a certified copy ofthe court order approving the dissolution of the municipality.
(4) The lieutenant governor may require the approving authority to submit a paper orelectronic copy of a notice of an impending boundary action and approved final local entity platin conjunction with the filing of the original of those documents.
(5) (a) The lieutenant governor shall:
(i) keep, index, maintain, and make available to the public each notice of an impendingboundary action, approved final local entity plat, applicable certificate, and other document thatthe lieutenant governor receives or generates under this section;
(ii) make a copy of each document listed in Subsection (5)(a)(i) available on the Internetfor 12 months after the lieutenant governor receives or generates the document;
(iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to anyperson who requests a paper copy; and
(iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to anyperson who requests a certified copy.
(b) The lieutenant governor may charge a reasonable fee for a paper copy or certified

copy of a document that the lieutenant governor provides under this Subsection (5).

Amended by Chapter 218, 2010 General Session